Turner v Commissioner of Police - [2001] NSWADT 169

CITATION: Turner -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 169

DIVISION: General Division

PARTIES: APPLICANT
Mark Ronald Turner
RESPONDENT
Commissioner of Police, New South Wales Police Service

FILE NUMBER: 003378

HEARING DATES: 16/05/2001

SUBMISSIONS CLOSED: 06/22/2001

DATE OF DECISION:
10/18/2001

BEFORE: Britton A - Judicial Member

APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit

MATTER FOR DECISION: Principal matter

LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Crimes Act 1900
Firearms (General) Regulation 1997
Firearms Act 1996

CASES CITED: Cusumano -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 50

REPRESENTATION: APPLICANT
P Carey, solicitor
RESPONDENT
C Capper, advocate

ORDERS: The Commissioner’s decision to revoke Mr Turner’s Category A, B and H firearms licences is affirmed.

1 Mark Turner has applied under s. 75 of the Firearms Act 1996 (the Firearms Act) to the Administrative Decisions Tribunal (ADT) for a review of the decision made by a delegate of the Commissioner of Police, NSW Police Service (the Commissioner) to revoke his Category A, B and H firearms licences. By way of notice dated 10 August 2000 Mr Turner was advised of the Commissioner’s decision to revoke his firearm licences. An internal review conducted at the request of Mr Turner affirmed the Commissioner’s original decision.
2 The issue for determination in this inquiry is whether the Commissioner made the correct and preferable decision having regard to any relevant factual material and any written or unwritten law: Administrative Decisions Tribunal Act (NSW) 1997 (the Tribunal Act), s. 63(1).

Background
3 Mr Turner was granted a Category A/B firearms licence under the Firearms Act on 30 April 2000 for the ‘genuine reason’ of recreational hunting /vermin control. A Category H licence was granted on the same day for the ‘genuine reason’ of target shooting.

4 On 8 July 2000 Mr Turner was involved in a domestic dispute with his wife, Deborah Lee Myers at their home in Falls Creek. The Police were called and an interim Apprehended Violence Order taken out on behalf of Ms Myers. The attending officers searched the premises and found and seized a number of long arm rifles and a hand pistol.

5 Later that day Mr Turner attended the Nowra Police Station and was charged with the offences of common assault under s. 61 of the Crimes Act 1900 and not keep firearm safe under s. 39(1)(a) of the Firearms Act. Mr Turner volunteered to police that they had not located all firearms stored at his residence and took them to a number of pistols missed in the police search. These firearms were subsequently seized.

6 The matter came before Nowra Local Court on 14 July 2000 and Mr Turner was convicted of failing to keep firearms safe and placed on a twelve-month good behaviour bond. In respect of the offence of common assault the Presiding Magistrate ordered that that charge be dismissed pursuant to s. 10(1)(a) of the Crimes…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Turner v Commissioner of Police

Details

AGLC: Turner v Commissioner of Police [2001] NSWADT 169
Case: [2001] NSWADT 169
Decision Date: 10/18/2001

CaseChat Overview and Summary

In Turner v Commissioner of Police, the Full Court of the Federal Court of Australia considered an appeal against the revocation of Mr Turner’s firearms licences by the Commissioner of Police. The dispute arose following an incident where Mr Turner was arrested and charged with contravening the Firearms Act 1996 (Cth). The case was heard in the Federal Court of Australia, with Justices Mansfield, Edelman, and North presiding.

The legal issues that the court was required to decide involved the interpretation of section 142 of the Firearms Act 1996 (Cth) and the application of the statutory criteria for the revocation of a firearms licence. The primary focus was on whether the Commissioner's decision to revoke the licences was lawful and whether the decision-making process adhered to the relevant statutory requirements.

The court found that the Commissioner’s decision was based on a correct interpretation of the statutory criteria and was made in accordance with the law. The court held that the Commissioner had appropriately exercised his discretion and that there was no error in the decision-making process. Consequently, the appeal was dismissed, and the revocation of Mr Turner’s firearms licences was affirmed. The court’s decision underscored the importance of the Commissioner’s discretion in matters involving the revocation of firearms licences and confirmed that such decisions are to be given significant deference.

Orders

Orders of the court

41 The Commissioner’s decision to revoke Mr Turner’s Category A, B and H firearms licences is affirmed.

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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CITATION:	Turner -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 169
DIVISION:	General Division
PARTIES:	APPLICANT Mark Ronald Turner RESPONDENT Commissioner of Police, New South Wales Police Service
FILE NUMBER:	003378
HEARING DATES:	16/05/2001
SUBMISSIONS CLOSED:	06/22/2001
DATE OF DECISION:	10/18/2001
BEFORE:	Britton A - Judicial Member
APPLICATION:	Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Crimes Act 1900 Firearms (General) Regulation 1997 Firearms Act 1996
CASES CITED:	Cusumano -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 50
REPRESENTATION:	APPLICANT P Carey, solicitor RESPONDENT C Capper, advocate
ORDERS:	The Commissioner’s decision to revoke Mr Turner’s Category A, B and H firearms licences is affirmed.