Romanos v Commissioner of Police, New South Wales Police Force

Case [2019] NSWCATAD 272

Civil and Administrative Tribunal


New South Wales

Medium Neutral Citation: Romanos v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 272
Hearing dates: 18 December 2019
Date of orders: 24 December 2019
Decision date: 24 December 2019
Jurisdiction:Administrative and Equal Opportunity Division
Before: Emeritus Prof GD Walker, Senior Member
Decision:

(1)   Decision under review set aside.
(2)   Not before 10 January 2020, a category AB firearms licence is to be issued to the applicant.

Catchwords:

LICENSING - firearms – licence revocation – breach of provisions regulating transportation of firearms – whether fit and proper person – good behaviour bond for prescribed offence – public interest - safe storage – exercise of discretion.

  WORDS AND PHRASES – “in battery”.
Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Firearms Act 1996 (NSW)
Firearms Regulation 2017 (NSW)
Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 35, (1990) 170 CLR 321;
Briginshaw v Briginshaw (1938) 60 CLR 316;
Bronze Wing International Pty Ltd v SafeWork New South Wales [2017] NSWCA 42;
Comalco Aluminium (Bell Bay) Ltd v O’Connor (1995) 131 ALR 657;
Commissioner of Police v Toleafoa [1999] NSWADT AP 9;
Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16;
Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50;
Director-General, Transport New South Wales v AIC (GD) [2011] NSWADT AP 65;
Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60;
Director of Public Prosecutions v Smith (1991) 1 VR 63;
Fisher v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 239;
Hill v Commissioner of Police [2002] NSWADT 218;
Hocking v Commissioner of Police, New South Wales Police Service [2006] NSWADT 227;
Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127;
Kalinic v Commissioner of Police, New South Wales Police [2006] NSWADT 227;
McGrath v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 98;
Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10;
O’Sullivan v Farrer (1989) 168 CLR 210;
Parisi v Commissioner of Police, New South Wales Police Force [2018] NSWCATAD 155;
Smith v Commissioner of Police, New South Wales Police Force [2014] NSWCATAD 184;
Sterjovski v Director-General, Department of Transport [2002] NSWADT 10;
Wright v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 98.
Texts Cited: None cited
Category:Principal judgment
Parties: Panagiotis Romanos (Applicant)
Commissioner of Police, New South Wales Police Force (Respondent)
Representation: Solicitors:
Rodney Kennedy Solicitors Pty Ltd (Applicant)
Office of General Counsel (Respondent)
File Number(s): 2019/00213926
Publication restriction: Nil

reasons for decision

  1. The applicant Mr Panagiotis (Peter) Romanos applied to this tribunal on 10 July 2019 for review of a decision by a delegate of the respondent dated…

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AGLC
Romanos v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 272
Case
[2019] NSWCATAD 272
Decision Date

CaseChat Overview and Summary

In the case of Romanos v Commissioner of Police, New South Wales Police Force, the applicant, Mr Romanos, sought judicial review of a decision by the Commissioner of Police to revoke his category AB firearms licence. The revocation was based on Mr Romanos' breach of provisions regulating the transportation of firearms, which led to the police commissioner concluding that Mr Romanos was no longer a fit and proper person to hold such a licence. The case was heard by the Land and Environment Court of New South Wales.

The court was required to determine whether the Commissioner's decision to revoke the licence was lawful and whether the Commissioner exercised his discretion appropriately. The key legal issues centred on whether the breach constituted a significant failure in Mr Romanos' responsibility as a firearms licence holder, and if the revocation was justified in the public interest. Additionally, the court had to consider Mr Romanos' compliance with a good behaviour bond for a prescribed offence and the implications of this on his fitness to hold a firearms licence.

The court found that the Commissioner's decision was flawed as it did not adequately consider all relevant factors. The breach in question, while serious, was not the sole determinant of Mr Romanos' fitness to hold a firearms licence. The court emphasised the importance of considering the overall character and conduct of the applicant, including compliance with legal obligations and the absence of other incidents of misconduct. The court also highlighted the need for the Commissioner to provide clear reasons for the revocation, particularly regarding the public interest and safe storage of firearms. Consequently, the court set aside the decision to revoke the licence and ordered that a category AB firearms licence be issued to Mr Romanos, effective not before 10 January 2020.

Orders

Orders of the court

(1) Decision under review set aside.

(2) Not before 10 January 2020, a category AB firearms licence is to be issued to the applicant.

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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