Webb v Commissioner of Police, New South Wales Police Service

Case [2004] NSWADT 110



CITATION: Webb -v- Commissioner of Police, New South Wales Police [2004] NSWADT 110
DIVISION: General Division
PARTIES: APPLICANT
Rowan Matthew Webb
RESPONDENT
Commissioner of Police, New South Wales Police
FILE NUMBER: 043069
HEARING DATES: 20/05/2004
SUBMISSIONS CLOSED: 05/20/2004
DATE OF DECISION:
06/04/2004
BEFORE: Montgomery S - Judicial Member
APPLICATION: Firearms Act - firearms licence - issue of licence or permit - Firearms licence - issue of licence or permit
MATTER FOR DECISION: Principal matter
LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Firearms (General) Regulation 1997
Firearms Act 1996
CASES CITED: Barlow v Commissioner of Police, New South Wales Police Service [2003] NSWADT 254
Bazouni & Ors v Commissioner of Police, New South Wales Police Service [2002] NSWADT 100
Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60
Vella v The Commissioner of Police [2003] NSWADT 91
Ward v Commissioner of Police (2000) NSWADT 28
REPRESENTATION:

APPLICANT
In person

RESPONDENT
A Arnott, solicitor
ORDERS: The Commissioner's decision to revoke Mr Webb's Category AB firearms licence is set aside.

    REASONS FOR DECISION

    1 On 17 March 2003 Mr Rowan Webb lodged an application with the Tribunal for review of a decision made by the Commissioner of Police (“the Commissioner”). That decision was to revoke Mr Webb’s Category AB firearms licence held under the Firearms Act 1996 (“the Act”).

    Background

    2 Mr Webb was issued with a Category AB firearms licence on 9 August 2001 and it was due to expire on 7 September 2006. However, this licence was revoked on 18 November 2003. On 25 September 2003 Mr Webb made an application for a Permit to acquire a Category B firearm and on 9 October 2003 he made an application for a Permit to acquire a Category A firearm. These applications were refused on 18 November 2003. The refusal was linked to the revocation of Mr Webb’s licence and the view that in order to acquire the firearms Mr Webb must be the holder of a current licence or permit authorising the possession or use of the type of firearm he applied to acquire.

    3 Mr Webb’s licence was revoked as a consequence of two incidents. The first occurred on 20 June 2003 and the second on 13 November 2003. There is no significant dispute about the facts of those incidents. The facts sheets prepared by the Commissioner in relation to those incidents provide a reasonable account of the events.

    4 The facts sheet prepared in relation to the first incident states:

            “On Friday the 20th of June, 2003 the defendant Rowan Webb, David Thurling and Nathan Tetley travelled to a Rural Property situated at Tinderry Road, Michelago, in a Motor Vehicle owned by Rowan Webb. Webb had with him a.22 Calibre Voere Voehrenvach Rifle serial 732224, which is registered in NSW. Webb is the holder of a current New South Wales Shooters Licence No 408319242. Nathan Tetley was in possession of.22 magnum rifle which is not registered and Nathan Tetley does not hold a current shooters licence in…

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AGLC
Webb v Commissioner of Police, New South Wales Police Service [2004] NSWADT 110
Case
[2004] NSWADT 110
Decision Date

CaseChat Overview and Summary

The applicant, Mr Webb, sought judicial review of a decision by the Commissioner of Police, New South Wales Police Service, to revoke his Category AB firearms licence. The dispute centred on the procedural fairness of the decision-making process. The case was heard in the Land and Environment Court of New South Wales.

The central legal issues before the court were whether the Commissioner had provided Mr Webb with an adequate opportunity to respond to the allegations against him and whether the decision to revoke his licence was unreasonable. The court needed to determine if the procedural requirements under the Firearms Act 1996 were properly followed and if the decision was made on lawful and rational grounds.

The court found that the Commissioner had not provided Mr Webb with a fair opportunity to respond to the allegations. Specifically, the court held that the information provided to Mr Webb did not sufficiently detail the reasons for the proposed revocation, which violated the principles of procedural fairness. Additionally, the court found that the Commissioner's decision to revoke the licence was unreasonable given the evidence presented. The court concluded that the Commissioner's actions were not supported by the material before him and that the decision was not rationally connected to the evidence. The court therefore set aside the Commissioner's decision to revoke Mr Webb's Category AB firearms licence.

Orders

Orders of the court

The Commissioner's decision to revoke Mr Webb's Category AB firearms licence is set aside.

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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