1 The Applicant was issued a Category ABD Firearms Licence under the Firearms Act 1996 (“the Act”) in 2008. That licence was due to expire in 2013. The Commissioner revoked that licence as a result of an incident that occurred during a Christmas party gathering held by the Shoalhaven Hunting Club (“the SHC”) on 12 December 2009 (“the 12 December incident”). Notice of the revocation was served on the Applicant in January 2010. The determination was affirmed on internal review. The Applicant has applied to the Tribunal for external review of that determination.
2 The Applicant also held a Permit to Acquire under the Act, and a Firearms Safety Training Instructor Approval. The permit was revoked, and that approval cancelled, at the same time that the licence was revoked.
3 The Commissioner based his decision upon section 24(2)(b)(ii) of the Act, and clause 19 of the Firearms Regulation 2006 (“the Regulations”), that it is not in the public interest for the Applicant to continue to hold it a licence.
4 While I note that the Applicant denies the Commissioner’s version of the event, I do not understand there to be any dispute as to the allegations of what occurred during the 12 December incident. In her written submissions, Ms Tillott has described the allegations in the following terms:
7. On 12 December, the Shoalhaven Hunting Club (SHC), of which the Applicant was a member, held a Christmas party at a rural property at Burrier, near Nowra. During the day shooters could shoot on a supervised firing line. 8. Various club members shared the responsibility of Range Officer, or Safety Officer. When shooting ceased, each person on the range was required to have their firearm physically or visually inspected by the Safety Officer prior to leaving the firing line. No person was to leave the line or go forward to inspect targets until all firearms had been inspected, and declared 'safe'. 9. It is alleged the Applicant became enraged by shooters on the…
Grounds of appeal
[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.
[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.
[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.
Consideration
[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.
[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.
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Details
AGLC
Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276
Case
[2010] NSWADT 276
Decision Date
CaseChat Overview and Summary
The case of Martin v Commissioner of Police, NSW Police Force, involved an individual challenging the revocation of his firearms licence. The dispute centred on the decision made by the Commissioner of Police to revoke the applicant's firearms licence under the Firearms Act 1996 (NSW). The decision was brought before the New South Wales Civil and Administrative Tribunal (NCAT) for review. The applicant contended that the revocation was unjust and that the decision-making process was flawed.
The legal issues before the tribunal included whether the Commissioner had the authority to revoke the applicant's licence, and if the decision was reasonable and within the scope of the statutory powers granted. The applicant argued that the decision was not based on appropriate grounds and that there was an error in the application of the law. The Commissioner, on the other hand, defended the revocation as necessary in the public interest, asserting that the applicant's conduct warranted the loss of his firearms licence.
The tribunal found that the Commissioner did have the statutory authority to revoke the licence and that the decision was indeed reasonable. The tribunal assessed the evidence and concluded that the decision to revoke the licence was justified given the applicant's history and the potential risk he posed. The tribunal emphasised the importance of public safety and the need for strict adherence to the criteria set out in the Firearms Act. The applicant's argument that the decision was an abuse of power was dismissed, as the tribunal found the decision to be within the scope of the Commissioner's statutory powers.
The tribunal affirmed the decision of the Commissioner to revoke the applicant's firearms licence. The tribunal's decision upheld the Commissioner's authority and found the revocation to be reasonable and in accordance with the law. The applicant's appeal was therefore dismissed, and the revocation of his firearms licence was upheld.