Solomon v Commissioner of Police (NSW)

In the matter of Solomon v Commissioner of Police (NSW), the case involved the applicant, Solomon, challenging the decision of the Commissioner of Police to cancel his firearms licence. The dispute was brought before the Land and Environment Court of New South Wales. The applicant sought judicial review of the decision on various grounds, including the failure to provide procedural fairness, the consideration of irrelevant factors, and the reliance on information not disclosed to the applicant.

The central legal issues that the court was required to address were whether the applicant was afforded procedural fairness, whether the decision-maker considered irrelevant factors in making the decision, and whether the non-disclosure of certain information impacted the fairness of the decision. The court had to determine if the internal reviewer's reliance on uncharged drug offences was appropriate and whether the decision failed to address relevant considerations raised by the applicant.

The court found that the applicant was not provided with procedural fairness as he was not informed of, or given an opportunity to respond to, certain factual matters that were to be relied upon by the decision-maker. Furthermore, the court concluded that the internal reviewer had improperly considered uncharged drug offences, which were irrelevant to the assessment of whether the applicant was a fit and proper person to hold a firearms licence. The court also determined that the decision failed to address the relevant considerations raised by the applicant, making the decision unlawful. Consequently, the court granted the application for judicial review and quashed the decision of the Commissioner of Police.

The final orders of the court included quashing the decision to cancel the applicant's firearms licence and remitting the matter to the Commissioner of Police for reconsideration in accordance with the court's reasons. The court emphasised that the reconsideration must be conducted in a manner that ensures procedural fairness and proper consideration of all relevant factors.