Morton v Commissioner of Police

[2022] NSWCATAD 141

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Morton v Commissioner of Police [2022] NSWCATAD 141

Hearing dates:

17 March 2022

Date of orders:

05 May 2022

Decision date:

05 May 2022

Jurisdiction:

Administrative and Equal Opportunity Division

Before:

S Montgomery, Senior Member

Decision:

The decision under review is affirmed.

Catchwords:

ADMINISTRATIVE LAW – revocation of licence – public interest - conduct – risk - traffic record – provision of false information on re-application form.

Legislation Cited:

Administrative Decisions Review Act 1997

Civil and Administrative Tribunal Act 2013

Firearms Act 1996

Cases Cited:

Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657

Commissioner of Police v Toleafoa [1999] NSWADTAP 9

Commissioner of Police, New South Wales Police v Mercer [2005] NSWADTAP 55

Constantin v Commissioner of Police, NSW Police Force [2013] NSWADTAP 16.

Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50

Director of Public Prosecutions v Smith [1991] VicRp 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

Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31

Kavalieratos v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 117.

Minister for Immigration and Citizenship v Li [2013] 297 ALR 225

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

Category:

Principal judgment

Parties:

Stephen Morton (Applicant)
Commissioner of Police (Respondent)

Representation:

Solicitors:
McGirr Lawyers (Applicant)
Lindsay Taylor Lawyers (Respondent)

File Number(s):

2021/144310

Publication restriction:

Nil

Reasons for Decision

Introduction

1. This is an application by Stephen Morton (“the Applicant”) for review of the decision by a delegate of the Commissioner of Police (“the Commissioner” or “the Respondent”) to revoke the Applicant’s Category AB Firearms Licence. The decision was affirmed on internal review.

2. Since 1990, the Applicant has held a firearms licence under the Firearms Act 1996 (“the Act”) for the genuine reason of recreational hunting/vermin control. The licence has been renewed on a number of occasions since it was first issued and it was due to expire in September 2022 had it not been revoked. The licence was suspended in 2004, 2006 and 2019.

3. The Respondent’s decision was based on the view that it is not in the public interest for the Applicant to hold a firearms licence. The Respondent relied on the fact that in the years 1988, 2004 and 2019 the Applicant had been charged with three separate matters of assault:

1. in 1988 he was charged with and convicted of assaulting a female. The court sentenced him to a two year good behaviour bond;

2. in 2004 he was charged with Assault Occasioning Actual Bodily Harm and Maliciously Inflict Grievous Bodily Harm. This matter was dismissed at court; and

3. in 2019 he was charged with Assault Occasioning Actual Bodily Harm. he was found not guilty…