Sawires v Commissioner of Police, New South Wales Police

In the case of Sawires v Commissioner of Police, New South Wales Police, the applicant sought judicial review of the Commissioner's decision to exclude him from the Firearms Owners Scheme. The applicant, a resident of New South Wales, had his application to join the scheme rejected on the basis of his criminal history, which included a conviction for assault. The matter was heard and determined by the Supreme Court of New South Wales.

The central legal issue before the court was whether the court had the jurisdiction to review the Commissioner's decision. The applicant argued that the decision was made under statutory powers which conferred a discretion upon the Commissioner, and that the court should intervene where the Commissioner had acted in an unlawful or irrational manner. The Commissioner, on the other hand, contended that the decision was one of policy and was therefore immune from judicial review.

The court considered the scope of its jurisdiction to review administrative decisions and noted that not all decisions made by public authorities are amenable to judicial review. It was determined that the decision to exclude the applicant from the Firearms Owners Scheme was one of policy and not subject to judicial scrutiny. The court found that the Commissioner's decision was based on a legitimate consideration of public safety and did not involve the exercise of a discretion that was Wednesbury unreasonable. Accordingly, the application for judicial review was dismissed on the basis that the court lacked the jurisdiction to review the Commissioner's decision.

The court did not make any further orders in relation to the matter.