CITATION: Young v Queensland Police Service
Weapons Licensing Branch [2010] QCAT 629
PARTIES: Darryl Varloy Young v Queensland Police Service
Weapons Licensing Branch
APPLICATION NUMBER: GAR290-10
MATTER TYPE: General administrative review matters
HEARING DATE: 1 November 2010
HEARD AT: Brisbane
DECISION OF: Sean Barry, Member
DELIVERED ON: 8 December 2010
DELIVERED AT: Brisbane
ORDERS MADE:
1. The application is allowed.
2. Pursuant to section 24(1) (c) of the Queensland Civil and Administrative Tribunal Act the decision of the Respondent dated 6 August 2010 is set aside and it is directed that the Respondent renew the Applicant’s firearm licence no 12207860.
CATCHWORDS : Weapons licensing; consideration of correct test for Tribunal to apply in hearing an application; meaning of ‘fit and proper person’; principles and objects of the Weapons Act 1990 considered ; meaning of ‘term of imprisonment; whether serving a term of imprisonment should exclude a person from renewing a weapons licence. APPEARANCES and REPRESENTATION (if any):
APPLICANT: Darryl Varloy Young represented himself
RESPONDENT: Queensland Police Service
Weapons Licensing Branch represented by Senior Sergeant CavanaghREASONS FOR DECISION
Introduction
[1] This is an application to review the decision of the Queensland Police Service Weapons Licensing Branch to refuse the renewal of a weapons license, previously held by the Applicant.
[2] The substance of the Applicant’s application to review, in the words of his application are:
‘I would like the Tribunal to over turn the rejection notice as I have not broken any laws to stop me having a gun licence … there is no were (sic) in the laws of the gun laws that I have broken to stop me having a gun licence ... I need my gun licence for my business. I hope the Tribunal over turns the decision so I can have my licence.’
[3] Not surprisingly, the Respondent for its part in its material filed with the Tribunal argues the decision previously made to refuse the renewal of the weapons license should be upheld and the Applicant not be the holder of a weapons license.
Factual background
[4] The applicant first applied for a Weapons Act licence on 14 February 1992. A Shooters Licence was issued to him on 21 May 1992. On 18 March 1998, the licence was cancelled and a Firearms License was issued on 19 March 1998, with an expiry date of 17 March 2005. On 25 April 2005 the licence was renewed, with an expiry date of 18 June 2010. On 2 June 2010, the Applicant lodged an application to renew his licence.
[5] On 6 August 2010 the authorised officer from the Queensland Police Service signed a 'Notice of Rejection of Application to Issue or Renew Licence. The reasons quoted for the rejection in that notice are:
'It is not considered to be in the public interest that you hold a license authorising the possession of weapons.
It is considered by the Authorized Officer the you are presently not a fit and proper person to hold a license under the
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- Case
- [2010] QCAT 629
- Decision Date
CaseChat Overview and Summary
The Tribunal examined the principles and objects of the Weapons Act 1990, as well as relevant case law, to ascertain the correct test to apply in such matters. The Tribunal concluded that the Respondent had not correctly applied the statutory test, as they had failed to sufficiently consider the principles and objects of the Weapons Act 1990. The Tribunal found that the term ‘fit and proper person’ required a holistic assessment of the applicant, taking into account their character, conduct, and circumstances. The Tribunal also found that serving a term of imprisonment did not, by itself, exclude a person from being considered a ‘fit and proper person’ for the purposes of renewing a weapons licence. Instead, the Tribunal held that each case must be considered on its own merits.
Based on the above findings, the Tribunal set aside the decision of the Respondent and directed them to renew Mr Young’s firearm licence. The Tribunal emphasised the importance of correctly applying the statutory test and considering the principles and objects of the Weapons Act 1990 when making decisions about the renewal of weapons licences. The Tribunal also noted that the decision to refuse a licence renewal should not be made lightly and should only be exercised in cases where there is a clear and compelling reason to do so. The Tribunal’s decision provides important guidance for both applicants and decision-makers in weapons licensing matters in Queensland.
Orders
Orders of the court
1. The application is allowed.
2. Pursuant to section 24(1) (c) of the Queensland Civil and Administrative Tribunal Act the decision of the Respondent dated 6 August 2010 is set aside and it is directed that the Respondent renew the Applicant’s firearm licence no 12207860.
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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