Rowlings v Commissioner of Police

[1999] NSWADT 122

CITATION:	Rowlings -v- Commissioner of Police [1999] NSWADT 122
DIVISION:	General
APPLICANT:	William Murray Rowlings
RESPONDENT:	Commissioner of Police
FILE NUMBER:	993234
HEARING DATES:	11/24/1999
SUBMISSIONS CLOSED:	11/24/1999
DATE OF DECISION:	30 November 1999
BEFORE:	N Hennessy - Deputy President
PRIMARY LEGISLATION:	Firearms Act 1996
APPLICATION:	Review of decision to refuse personal pistol permit -
MATTER FOR DECISION:	Principal matter
REPRESENTATION:	Applicant: In person Respondent: G Doherty, solicitor, NSW Police Service
ORDERS:	1. Decision of Commissioner of Police to refuse application for Category H licence is affirmed.

Background

1 Mr Rowlings lives in Tarago near Bungendore in New South Wales. He is a member of the Air 2000 Pistol Club which is based in the Australian Capital Territory. He applied to the Commissioner of Police in New South Wales for a Category H firearms licence for sport/target shooting. The Commissioner refused the application on the ground that the target shooting club where Mr Rowlings is a member is not authorised by the Commissioner as an approved club.

2 Mr Rowlings sought internal review of this decision and the decision was affirmed. He then applied to the Tribunal for a review of the decision.

3 The issue in this case is whether the Commissioner made the “correct and preferable” decision in refusing to issue Mr Rowlings with a Category H licence.

Legislation

4 Section 12 of the Firearms Act 1996 (the Act) states that:

The Commissioner must not issue a licence that authorises the possession and use of a firearm unless the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm.

Subject to this Act, an applicant for a licence has a genuine reason for possessing or using a firearm if the applicant

(a)states that he or she intends to possess or use the firearm for any one or more of the reasons set out in the Table to this section.

Table

Reason: sports/target shooting

The applicant must be a current member of a shooting club approved by the Commissioner in accordance with the regulations, and which conducts competitions or activities requiring the use of the firearm for which the licence is sought.

5 The Firearms (General) Regulation 1997 (the Regulation) defines “club” in relation to the genuine reason of sport/target shooting, to be a shooting club (s 77). Section 78 of the Regulation sets out how a club should make an application for approval and sets out the pre-requisites for approval.

6 Section 3 of the Act defines “approved” to mean “approved by the Commissioner from time to time.”

Application of law and decision

7 The legislation set out above makes it clear that the Commissioner must refuse an application for a Category H licence unless the applicant is a current member of a shooting club approved by the Commissioner. The Commissioner of Police has advised, and the applicant did not dispute, that Air 2000 has not been approved by the Commissioner in accordance with the Regulation.

8 For this reason I affirm the Commissioner’s decision to refuse Mr Rowling’s application for a Category H licence.

9 I note that Mr Rowlings was under the impression, on the basis of information provided by the Commissioner, that an “approved” club included a club approved by the Commissioner of Police in the A.C.T. The definition of “approved” as meaning “approved by the Commissioner from time to time” was not conveyed to Mr Rowlings in the administrator’s reasons for decision.

10 I recommend that the Firearms Registry review the reasons it provides in applications of this kind. A comprehensive account of the sections of the Act and Regulations involved should be given. In particular, it should be clear from the reasons that “approved” means approved by the NSW Commissioner of Police. If this is done, an applicant will have a much better idea of the precise basis on which their application is being refused.

11 Mr Rowlings intends to request that his club take the necessary steps to apply for approval from the Commissioner of Police. Mr Doherty, representing the Commissioner, agreed that Mr Rowlings would not need to make another application for a licence in these circumstances. However since I have affirmed the Commissioner’s decision that application is no longer on foot. Another option which the Commissioner may consider is waiving the fee for any new application Mr Rowlings may make. The basis for this would be that Mr Rowlings was not adequately informed by the Commissioner’s Statement of Reasons.