Nevell v NSW Police Force

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Nevell v NSW Police Force [2016] NSWCATAD 45
Hearing dates:	22 January 2016
Date of orders:	07 March 2016
Decision date:	07 March 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	S Leal, Senior Member
Decision:	The decision under review is affirmed
Catchwords:	Firearms Act - revocation of licence – security guard – firearms safety training - safe keeping and storage requirements.
Legislation Cited:	Administrative Decisions Review Act 1996 Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Firearms Regulation 2006
Cases Cited:	Bottomley v Commissioner of Police [2005] NSWADT 211 Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336. Cleofe v Commissioner of Police, NSW Police Service; Alpha Intelligence Securities Pty Ltd v Commissioner of Police, NSW Police Service [2001] NSWADT 211 Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Keane v Commissioner of Police, NSW Police [2008] NSWADT 68 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Uzelac v Commissioner of Police, Ministry of Police [2003] NSWADT 226
Category:	Principal judgment
Parties:	Phillip Nevell (Applicant) Commissioner of Police, NSW Police (Respondent)
Representation:	Solicitors: Brennan Tipple Partners (Applicant) Bartier Perry (Respondent)
File Number(s):	1510697

REasons for decision

1. This is an application by Mr Phillip Nevell (‘Mr Nevell’) to seek a review of the decision by the Commissioner of Police (‘the respondent’) to revoke both Mr Nevell’s category AB and category H firearms licences. Mr Nevell had been granted a category AB firearms licence for vermin control. He had been granted a category H firearm licence for the purpose of his employment as an armed security guard.

2. At first instance, the delegate of the Commissioner revoked Mr Nevell’s category H firearms licence on the basis that he had failed to undertake firearm safety training as required under s24(1A) of the Firearms Act 1996. On internal review, the reviewer upheld the decision to revoke Mr Nevell’s category H licence. The reviewer further held that Mr Nevell’s category AB licence should also be revoked because of his failure to adhere to safe-keeping requirements, in breach of s39 of the Firearms Act.

3. Mr Nevell’s application for review was made just out of time. The Tribunal has the discretion to accept an application that is made out of time and I determine to do so in this case. On 22 January 2016, a hearing was held before this Tribunal, which has jurisdiction to review this decision pursuant to section 75(1) (c) of the Firearms Act1996 and section 30 of the Civil and Administrative Tribunal Act 2013 (NSW).

4. In accordance with section 63 of the Administrative Decisions Review Act 1997, the role of the Tribunal is to make the correct and preferable decision on the material before it.

5. The Tribunal can take into account both the material before the original decision maker as well as any new material put before…