Walker v Commissioner of Police

[2016] NSWCATAD 247

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:	Walker v Commissioner of Police [2016] NSWCATAD 247
Hearing dates:	1 July 2016
Date of orders:	01 November 2016
Decision date:	01 November 2016
Jurisdiction:	Administrative and Equal Opportunity Division
Before:	N S Isenberg, Senior Member
Decision:	The Commissioner’s decision to revoke Mr Walker’s firearm licence is affirmed
Catchwords:	FIREARMS – revocation of licence – extension of time for late application – effect of prior licence suspensions and conviction - private interest, public interest test.
Legislation Cited:	Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 Firearms Regulation 2006
Cases Cited:	Farrell v Commissioner of Police [2016] NSWCATAD 96 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Ward v Commissioner of Police [2000] NSWADT 28
Category:	Principal judgment
Parties:	Douglas Lionel Walker (Applicant) Commissioner of Police (Respondent)
Representation:	Solicitors: Douglas Lionel Walker (Applicant in person) Office of the General Counsel, NSW Police Force (Respondent)
File Number(s):	1610160

REASONS FOR DECISION

Background

1. In March 2016 Mr Walker applied to the Tribunal to review a February 2016 decision of a delegate of the Commissioner (the Decision). The Decision was the result of an internal review which affirmed a September 2015 decision by a different delegate to revoke Mr Walker’s firearms licence. The Tribunal hearing took place on 1 July 2016.

The Tribunal’s jurisdiction

2. Section 75(1) of the Firearms Act 1996 (the Act) provides that a person may apply to the Tribunal for an administrative review under the Administrative Decisions Review Act 1997 (the ADR Act) of a decision by the Commissioner to revoke a licence. In accordance with s 63 of the ADR Act the Tribunal is empowered to decide what the correct and preferable decision is, having regard to the material then before it, including material not previously available to or considered by the Commissioner, and any applicable written or unwritten law, and may exercise all the functions conferred or imposed on the Commissioner. In determining the application, the Tribunal may affirm, vary or set aside the decision or refer it back to the Commissioner to be further dealt with.

Material before the Tribunal

3. The Commissioner relied on:

1. documents filed with the Tribunal on 29 April 2016 under s. 58 of the ADR Act.;

2. a bundle of documents headed Respondent’s Submissions and Evidence filed on 21 June 2016. The bundle included written submissions (RS); and

3. oral submissions made by Mr Carlon, solicitor, during the hearing.

4. All references to paragraph numbers of submissions by the Commissioner are to paragraphs of RS unless stated to the contrary.

5. Mr Walker relied on:

1. his unsigned statement filed with the Tribunal on 10 June 2016;

2. two bundles of documents filed with the Tribunal on 20 May and 14 June 2016; and

3. his oral evidence and oral submissions at the hearing.

Consideration

Issues before the Tribunal

Preliminary issues – extension of time

6. The Commissioner stated at [34] to [36] that the Decision…