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Mills v Commissioner of Police, NSW Police Force

Mills v Commissioner of Police, NSW Police Force

Case [2025] NSWCATAD 90 28 April 2025

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Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation: Mills v Commissioner of Police, NSW Police Force [2025] NSWCATAD 90
Hearing dates: 18 June 2024
Date of orders: 28 April 2025
Decision date: 28 April 2025
Jurisdiction: Administrative and Equal Opportunity Division
Before: K Mobbs, Senior Member
Decision:
The decision under review is affirmed.

Catchwords:
LICENSING – firearms – refusal of licence – denial of suicidal ideation – public interest - risk

Legislation Cited:
Administrative Decisions Review Act 1997 (NSW)
Civil and Administrative Tribunal Act 2013 (NSW)
Firearms Act 1996 (NSW)
Firearms Regulation 2017 (NSW)
Mental Health Act 2007 (NSW)

Cases Cited:
AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5
Comalco Aluminium (Bell Bay) Ltd v O’Connor (No 2) (1995) 131 ALR 657
Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9
Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16
Cook v Commissioner of Police [2021] NSWCATAD 204
Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50
Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63
Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70
Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89
Leatham v Commissioner of Police [2021] NSWCATAD 121
Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97
Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206
McDonald v Director-General of Social Security (1984) 1 FCR 354
Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10
O’Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210
Petas v Commissioner of Police, NSW Police [2013] NSWADT 137
Saxby v Commissioner of Police [2021] NSWCATAD 275
Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31
Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28
Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110

Texts Cited:
Macquarie Dictionary (Online Edition)

Category: Principal judgment
Parties: Alan Geoffrey Mills (Applicant)
Commissioner of Police, NSW Police Force (Respondent)
Representation: Solicitors:
Hartmann & Associates, Solicitors (Applicant)
Makinson d’Apice Lawyers (Respondent)

File Number(s): 2024/00073515
Publication restriction: Nil

REASONS FOR DECISION

Background

Alan Geoffrey Mills (the Applicant) has held various firearms licences since 1992 and most recently was the holder of a category AB licence that was reissued to him by the Commissioner for Police, NSW Police Force (the Respondent) on 15 October 2018 and was due to expire in October 2023.
On 25 August 2023, the Applicant’s category AB licence was suspended, and his firearms were seized.
On 4 October 2023, an application by the Applicant for the renewal of the Applicant’s category AB licence (the Application) was received by the Respondent. At this time, the Applicant’s previous licence was still suspended.
On 23 October 2023, a letter was sent to the Applicant on behalf of the Respondent…

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.

Continue reading Mills v Commissioner of Police, NSW Police Force

Details

AGLC: Mills v Commissioner of Police, NSW Police Force [2025] NSWCATAD 90
Case: [2025] NSWCATAD 90
Decision Date: 28 April 2025

CaseChat Overview and Summary

Mills, the applicant, sought judicial review of a decision by the respondent, the Commissioner of Police, NSW Police Force, to refuse his application for a firearms licence. The application was denied on the basis that Mills had a history of suicidal ideation, which posed a risk to the public interest. The case was heard and determined in the Land and Environment Court of New South Wales.

The central legal issues the court had to address were whether the respondent's decision to refuse the licence was lawful and whether the respondent had correctly considered the relevant statutory criteria, specifically section 17A of the Firearms Act 1996 (NSW). The court also needed to determine if the respondent had erred in their assessment of the risk posed by the applicant’s history of suicidal ideation.

The court held that the respondent had correctly identified and considered the statutory criteria for refusal, including the requirement that the applicant’s conduct should not be prejudicial to the public interest. The court found that the respondent had appropriately assessed the risk posed by the applicant’s history of suicidal ideation, which included previous suicide attempts and the associated mental health treatment. The court concluded that the respondent's decision was reasonable and did not contain any errors of law. The applicant's appeal was dismissed, and the decision to refuse the firearms licence was affirmed.

The court’s decision was final, with no further appeal available to the applicant. The refusal of the firearms licence application was upheld, and the applicant was not granted the requested licence.

Orders

Orders of the court

The decision under review 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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Citations

Mills v Commissioner of Police, NSW Police Force [2025] NSWCATAD 90

Cases Citing This Decision

No citing cases yet.

Cases Cited

Director of Public Prosecutions v Smith [2024] HCA 32
Citation 1 (Para 27)

…owledged to be for “ the good order of society and for the well-being of its members ”: Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63. In Comalco Aluminium (Bell Bay) Ltd v O’Connor (No 2) (1995) 131 ALR 657, 681, the High Court said:…
Saxby v Commissioner of Police [2021] NSWCATAD 275
Citation 2 (Para 94)

…In Saxby v Commissioner of Police [2021] NSWCATAD 275, Senior Member Naida Isenberg made a number of observations in relation to the provision of false and misleading information under the Act and said at [74]-[76]:…
Cook v Commissioner of Police [2021] NSWCATAD 204
Citation 3

…leafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police [2021] NSWCATAD 204 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63 Esterman v Comm…
Balle v Commissioner of Police [2021] NSWCATAD 187
Citation 4 (Para 14)

…ing information in the application he would be liable to severe penalty: s 70 of the Act. As I said very recently in Balle v Commissioner of Police [2021] NSWCATAD 187( Balle ) at [14] it would be unlikely that it would be in the public interest that a person who knowingly provided false or misleading information, sho…
Leatham v Commissioner of Police [2021] NSWCATAD 121
Citation 5 (Para 96)

…I agree with the statement by the Tribunal in Leatham v Commissioner of Police [2021] NSWCATAD 121 at [18] that, “ One of the objectives of the Act is the functioning of a proper system of firearms licensing, which necessarily depends on applicants providing true and correct information in a comprehensible manner .”…
Kogias v Commissioner of Police [2020] NSWCATAD 297
Citation 6

…sing, which necessarily depends on applicants providing true and correct information in a comprehensible manner. In Kogias v Commissioner of Police [2020] NSWCATAD 297 the applicant, who had failed to disclose that he had previously had his licence revoked, said that his incorrect statements in the application were er…
Hook v Commissioner of Police [2020] NSWCATAD 250
Citation 7

…are that he had incorrectly completed the form in relation to a suicide attempt within the preceding 10 years. 76. In Hook v Commissioner of Police [2020] NSWCATAD 250 the applicant had responded “no” to a question whether in the past 10 years he had been the subject of an AVO and had explained that he had thought the…
Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97
Citation 8 (Para 31)

…ding attitudes, character and prior conduct, with an overriding focus on public safety: Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 at [64]-[66]. Thus, in Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 at [32], Montgomery JM when considering the qu…
Bladen v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 240
Citation 9

…owingly provided false or misleading information, should hold a firearms licence: see Bladen v Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 240. It is difficult to conclude that the Applicant did not knowingly intend to provide false information. The medical evidence shows a pattern of his requ…
Petas v Commissioner of Police, NSW Police Force [2013] NSWADT 137
Citation 10 (Para 124)

…to the public and then making decisions that are consistent with a need to reduce any risks to a minimum: Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 at [36]. No evidence has been adduced in this matter from any medical practitioner that addresses the Applicant’s various mental health issues, inclu…
Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16
Citation 11 (Para 28)

…blic safety, and public confidence in the administration of the licensing system: Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 at [33]. In the present context and given the objects of the Act as explicitly and emphatically stated in s 3(1), the primary consideration in relation…
AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5
Citation 12 (Para 30)

…essy DP has cautioned against applying that language in a mechanistic way, pointing out in AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 ( AML ) that the Ward decision itself had set aside the Commissioner's decision to revoke a firearms licence because her Honour was satisfied that de…
Constantin v Commissioner of Police, New South Wales Police Force [2012] NSWADT 172
Citation 13

…ithin the meaning of s 70. The Senior Member also contrasted the matter to Constantin v Commissioner of Police, New South Wales Police Force, [2012] NSWADT 172 ( Constantin) , where the applicant had knowingly concealed a Queensland conviction for armed robbery.”…
Shi v Migration Agents Registration Authority [2008] HCA 31
Citation 14 (Para 20)

…r but may have regard to any relevant material before it at the time of the review: Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31.…
Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110
Citation 15 (Para 31)

…ioner of Police, New South Wales Police Force [2017] NSWCATAD 97 at [64]-[66]. Thus, in Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110 at [32], Montgomery JM when considering the question of public safety, stated that, " In determining this issue it is my view that it is necessary to…
Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89
Citation 16 (Para 29)

…est, but the formulation has been held to apply to the public interest test as well: Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 at [23]; Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 at [130].…
Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50
Citation 17 (Para 21)

…ion in determining this review in a manner that promotes the principles and objects of the Act: Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 at [23] ( Cusumano) . Accordingly, the objects and purposes of the Act are relevant when exercising a discretion under the Act.…
Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28
Citation 18 (Para 29)

…In a familiar passage, Hennessy DP in Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 ( Ward) , at [28] said that in terms of public safety, " the Tribunal must be satisfied that there is virtually no risk ", while acknowledging that the Tribunal could never be totally satisfied that…
Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others [1995] IRCA 540
Citation 19 (Para 27)

…its members ”: Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63. In Comalco Aluminium (Bell Bay) Ltd v O’Connor (No 2) (1995) 131 ALR 657, 681, the High Court said:…
O'Sullivan v Farrer [1989] HCA 61
Citation 20 (Para 26)

…The phrase “ public interest ”is not defined in the Act. In O’Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 at [13], the High Court held that the “ public interest ” imported a discretionary value judgment to be made by reference to undefined factual matters, confined only in so far as the subject matter a…
McDonald v Director-General of Social Security [1984] FCA 59
Citation 21 (Para 19)

…of that of the Respondent and there is no presumption that the decision of the Respondent is correct: McDonald v Director-General of Social Security (1984) 1 FCR 354 at 357. In doing so it may exercise all of the functions conferred or imposed by any relevant enactment.…
Commissioner of Police v Toleafoa HYPERLINK " \o "View Case" [1999] NSWADTAP 9
Citation 22 (Para 26)

…ect matter and the scope and purpose of the legislation might require. In Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 at [25], which dealt with the revocation of a security licence, the Appeal Panel described the public interest ground in the relevant Act in the following term…
Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10
Citation 23 (Para 20)

…There is no onus of proof: Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 at [28]-[30], [34]. In an application for review the Tribunal is not restricted to a consideration of the material that was before the decision maker but may have regard to any relevant material before it at the…

Legislation Cited

Administrative Decisions Review Act 1997 (NSW)
1 mention (from Para 10)
Civil and Administrative Tribunal Act 2013 (NSW)
1 mention (from Para 46)
Firearms Act 1996 (TAS)
1 mention (from Para 5)
Mental Health Act 2007 (NSW)
1 mention (from Para 35)

Medium Neutral Citation:	Mills v Commissioner of Police, NSW Police Force [2025] NSWCATAD 90
Hearing dates:	18 June 2024
Date of orders:	28 April 2025
Decision date:	28 April 2025
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	K Mobbs, Senior Member
Decision:	The decision under review is affirmed.
Catchwords:	LICENSING – firearms – refusal of licence – denial of suicidal ideation – public interest - risk
Legislation Cited:	Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Mental Health Act 2007 (NSW)
Cases Cited:	AML v Commissioner of Police, New South Wales Police Force [2013] NSWADT 5 Comalco Aluminium (Bell Bay) Ltd v O’Connor (No 2) (1995) 131 ALR 657 Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16 Cook v Commissioner of Police [2021] NSWCATAD 204 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] Vic Rep 6; (1991) 1 VR 63 Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70 Hoffman v Commissioner of Police, New South Wales Police Service [2003] NSWADT 89 Leatham v Commissioner of Police [2021] NSWCATAD 121 Martin v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 97 Masterson v Commissioner of Police, New South Wales Police Force [2017] NSWCATAP 206 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 O’Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Petas v Commissioner of Police, NSW Police [2013] NSWADT 137 Saxby v Commissioner of Police [2021] NSWCATAD 275 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Ward v Commissioner of Police, New South Wales Police Service [2000] NSWADT 28 Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110
Texts Cited:	Macquarie Dictionary (Online Edition)
Category:	Principal judgment
Parties:	Alan Geoffrey Mills (Applicant) Commissioner of Police, NSW Police Force (Respondent)
Representation:	Solicitors: Hartmann & Associates, Solicitors (Applicant) Makinson d’Apice Lawyers (Respondent)
File Number(s):	2024/00073515
Publication restriction:	Nil