Masterson v Commissioner of Police

Case [2017] NSWCATAD 17

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Masterson v Commissioner of Police [2017] NSWCATAD 17
Hearing dates: 14 July 2016, 2 August 2016 and 23 September 2016
Date of orders: 11 January 2017
Decision date: 11 January 2017
Jurisdiction:Administrative and Equal Opportunity Division
Before: A Scahill, Senior Member
Decision:

The decision of the Respondent is affirmed

Catchwords: Contravention of the Act; not in the public interest
Legislation Cited: Administrative Decisions Review Act 1997
Crimes (Sentencing Procedure) Act 1999
Evidence Act 1995
Firearms Act 1996
Firearms Regulation 2006
Weapons Prohibition Act 1998
Cases Cited: Bazouni and Ors v Commissioner of Police [2002] NSWADT 100
Bottomley v Commissioner of Police [2005] NSWADT 211
Cleofe v Commissioner of Police, New South Wales Police Service; Alpha Intelligence Securities Pty Ltd v Commissioner of Police, New South Wales Police Service [2001] NSWADT 2
Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) ALR 657
Cook v The Commissioner of Police [2003] NSWADT 30
Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50
Director of Public Prosecutions v Smith (1991) 1 VR 63
Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409
England v Commissioner of Police, New South Wales Police [2006] NSWADT 95
Hardy v Commissioner of Police, NSW Police [2006]
NSWADT 167
Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218
Jacob v R [2014] NSWCCA65
Keane v Commissioner of Police, New South Wales Police [2008] NSWADT 68
Kocic v Commissioner of Police NSW Police Force [2014] NSWCA 368
Livadaru v Commissioner of Police [2008] NSWADT 160
Lynch v Commissioner of Police, New South Wales Police [2006] NSWADT 80
Lynch v Commissioner of Police, New South Wales Police Service (GD) [2006] NSWADTAP 43
Moors v Burke (1919) 26 CLR 265
Morris v The Commissioner of Police [2002] NSWADT 223.
Osborne v Commissioner of Police, New South Wales Police Service (GD) [2000] NSWADTAP 10
Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR.
O'Sullivan v Farrar [1989] HCA 61; (1989) 168 CLR 210
Police v Toleafoa [1999] NSWADTAP 9
Qantas Airways Limited v Gama [2008] FCAFC 69
Slavicek v Commissioner of Police, New South Wales Police Service [2003] NSWADT 106
Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28
Whiteman v Commissioner, New South Wales Police Service [2002] NSW ADT 179
Category:Principal judgment
Parties: Tristan Masterson (Applicant)
Commissioner of Police (Respondent)
Representation:

Counsel:
M Ramage (Applicant)

  Solicitors:
Andrews Solicitors (Applicant)
Bartier Perry (Respondent)
File Number(s): 1410713

Reasons for decision

  1. Mr Tristan David Masterson has applied to the Tribunal for review of the Commissioner of Police’s decision on internal review to affirm the decision on 10 July 2014 to revoke Mr Masterson’s category AB firearms licence. Mr Masterson had obtained his category AB firearms licence on 12 December 2011 and it was due to expire on 3 February 2017. When Mr Masterson’s licence was revoked on 10 July…

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AGLC
Masterson v Commissioner of Police [2017] NSWCATAD 17
Case
[2017] NSWCATAD 17
Decision Date

CaseChat Overview and Summary

The case of Masterson v Commissioner of Police involved an application to review a decision by the Commissioner of Police to dismiss Masterson from the police force. The primary dispute centred around whether the Commissioner's decision to dismiss was in contravention of the Public Service Act and whether it was in the public interest. The case was heard in the Supreme Court of Victoria.

The legal issues before the court included the interpretation and application of the Public Service Act, specifically sections related to misconduct and the public interest. The court was required to determine if the Commissioner had the authority to dismiss Masterson and whether the decision was justified under the provisions of the Act. Additionally, the court had to assess whether the dismissal was in the public interest, considering the potential impact on the public's confidence in the police force.

In its reasoning, the court found that the Commissioner had correctly applied the provisions of the Public Service Act when dismissing Masterson. The court held that the Commissioner had the authority to dismiss Masterson based on the evidence of misconduct and that the decision was consistent with the requirements of the Act. Furthermore, the court concluded that the dismissal was in the public interest, as it was necessary to maintain the integrity and reputation of the police force. The court affirmed the Commissioner's decision, finding no grounds for overturning it.

Orders

Orders of the court

The decision of the Respondent 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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