Mallon v Commissioner of Police, New South Wales Police Force

The case of Mallon v Commissioner of Police, New South Wales Police Force, was heard by the Civil and Administrative Tribunal of New South Wales. The applicant, Mallon, sought the restoration of his firearms licence, which had been revoked by the Commissioner of Police. Mallon argued that he was a fit and proper person to hold such a licence, particularly given his status as a primary producer. The dispute centred on whether the revocation of Mallon's licence was justified, given that he had an unregistered category C rifle and had been subject to a community release order.

The tribunal was tasked with determining whether the Commissioner's decision to revoke Mallon's licence was lawful and in the public interest. It had to consider whether Mallon met the criteria of being a fit and proper person to hold a firearms licence, particularly in light of the fact that he possessed an unregistered firearm and had been subject to a community release order. The tribunal also had to weigh the public interest considerations in relation to the revocation of the licence.

In its decision, the tribunal found that the revocation of Mallon's licence was not supported by the evidence and was therefore unlawful. The tribunal held that Mallon was a fit and proper person to hold a firearms licence, and that the revocation was not in the public interest. The tribunal also found that the publication and disclosure of certain confidential materials were restricted, as per the provisions of the Civil and Administrative Tribunal Act 2013 (NSW). The tribunal set aside the decision to revoke Mallon's licence and ordered its restoration.

The final orders of the tribunal included setting aside the decision to revoke Mallon's licence, restoring his category ABC firearms licence, and imposing restrictions on the publication and disclosure of certain confidential materials. The tribunal also prohibited the publication and recording of the confidential hearing, including certain evidence given during the hearing. The contents of specific paragraphs in the tribunal's reasons for decision were also marked as not for publication.