Leviny v Commissioner of Police, NSW Police Force (GD)

The matter before the court was an appeal by Leviny against the decision of the Administrative Appeals Tribunal (AAT) to affirm the revocation of his firearms licence by the Commissioner of Police, NSW Police Force. The Tribunal had considered the matter following an internal review within the police force. The primary issue before the court was whether the Tribunal had erred in its decision by relying on an additional ground for revocation that had not been raised during the internal review, and whether the Tribunal's statement about possible future action and failure to refer to the applicant's written submissions constituted unfairness.

The court held that it was permissible for the Tribunal to rely on an additional ground for revocation that was not initially presented during the internal review, provided the ground was within the scope of the statutory authority. The court found that the Tribunal's statement regarding possible future action did not render the decision unfair, as it did not prejudice the applicant's rights. Furthermore, the court concluded that the Tribunal's failure to refer to the applicant's written submissions did not amount to unfairness, as the Tribunal was not obliged to address every submission made by the applicant.

In light of the above, the court dismissed the appeal, affirming the Tribunal's decision to uphold the revocation of Leviny's firearms licence. The orders of the court were that the appeal be dismissed.