Romanos v Commissioner of Police, New South Wales Police Force

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.