Lando v Commissioner of Police

Case [2021] NSWCATAD 8

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Lando v Commissioner of Police [2021] NSWCATAD 8
Hearing dates: 14 December 2020
Date of orders: 18 January 2021
Decision date: 18 January 2021
Jurisdiction:Administrative and Equal Opportunity Division
Before: J McAteer, Senior Member
Decision:

The decision of the respondent to revoke the Applicant’s Category AB Firearms Licence is affirmed.

Catchwords:

ADMINISTRATIVE LAW - Firearms – Whether it is in the Public Interest to hold the licence – revocation of licence – suspension of licence – reviewable decision– objects of legislation – public interest use contrary to Firearms Act – meaning of self protection

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Firearms Act 1996

Firearms Regulation 2017

Mental Health Act 2007

Cases Cited:

Azzopardi v Commissioner of Police, NSW Police Force [2013] NSWADT 205

Comalco Aluminium (Bell Bay) Ltd v O’Connor and Others (1995) 131 ALR 657

Constantin v Commissioner of Police NSW Police Force [2013] NSWADTAP 16

Drake v Minister for Immigration and Ethnic Affairs [1979] AATA; (1979) 46 FLR 409

Petas v Commissioner of Police [2013] NSWADT 137

Commissioner of Police v Toleafoa [1999] NSWADTAP 9

Uzelac v Commissioner of Police, Ministry of Police [2003] NSWADT 226

Webb v Commissioner of Police, New South Wales Police [2004] NSWADT 110

Texts Cited:

None cited

Category:Principal judgment
Parties: Gilbert Guy Lando (Applicant)
Commissioner of Police (Respondent)
Representation: Solicitors:
S Lando (Agent) (Applicant)
Maddocks Lawyers (Respondent)
File Number(s): 2020/00226971
Publication restriction: Nil

Reasons for decision

What these proceedings are about

  1. These proceedings concern the Commissioner of Police’s decision to revoke the applicant’s Category AB Firearms licence on 1 November 2019.

  2. The revocation was on the basis that the applicant had breached the firearms Legislation when Police discovered two unsecured and loaded firearms in his residence on 20 December 2018, and evidence that the applicant advised Police that the firearms were unsecured so that he could quickly protect himself from a person who had threatened to come and harm him.

  3. The Commissioner’s delegate determined that the presence of unsecured firearms and a stated desire to use the firearms for self protection were matters that raised concerns about public safety.

  4. On 1 November 2019 the Commissioner’s delegate issued a notice of Revocation under s 24 of the Firearms Act 1996 (the Firearms Act) stating that the decision was based on concerns that the applicant would not always exercise continuous and responsible control over firearms. This raised issues of concern about public safety and as a result the Commissioner’s delegate formed the view that it was not in the public interest for the applicant to hold a firearms licence. As a result the licence was revoked as at 1 November 2019. These proceedings concern an administrative review of the revocation decision.

Background

  1. The applicant (Mr Gilbert Lando) has held a firearms licence of some type for over 30 years with a New South Wales licence being first issued in 1988. At some time prior to holding…

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Details
AGLC
Lando v Commissioner of Police [2021] NSWCATAD 8
Case
[2021] NSWCATAD 8
Decision Date

CaseChat Overview and Summary

The case of Lando v Commissioner of Police involves the applicant, Mr Lando, challenging the decision of the Commissioner of Police to revoke his Category AB Firearms Licence. The dispute centres on whether the decision to revoke the licence was in accordance with the objectives of the Firearms Act 1996 (Vic), specifically whether it was in the public interest to hold the licence. This case was heard in the Victorian Civil and Administrative Tribunal (VCAT), which was tasked with reviewing the administrative decision made by the Commissioner.

The primary legal issues before the tribunal were whether the Commissioner's decision to revoke the licence was lawful and whether it aligned with the public interest considerations outlined in the Firearms Act. The applicant argued that the decision was not in the public interest and that the Commissioner had misinterpreted the meaning of "self-protection" under the Act. The tribunal had to determine whether the Commissioner's interpretation of the public interest was consistent with the legislative framework and whether there was sufficient evidence to support the revocation of the licence.

The tribunal found that the Commissioner's decision to revoke the licence was consistent with the legislative objectives and was in the public interest. The tribunal emphasised that the meaning of "self-protection" under the Firearms Act does not extend to a broad interpretation that includes potential future threats. The tribunal further noted that the Commissioner's decision was supported by evidence and aligned with the objectives of the Firearms Act. Consequently, the tribunal affirmed the Commissioner's decision to revoke the applicant's Category AB Firearms Licence.

The final orders of the tribunal were that the decision of the Commissioner to revoke the applicant's Category AB Firearms Licence was affirmed, and the application for review was dismissed.

Orders

Orders of the court

The decision of the respondent to revoke the Applicant’s Category AB Firearms Licence is affirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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