Cole v Commissioner of Police [2021] NSWCATAD 325

Cole v Commissioner of Police [2021] NSWCATAD 325

The imposition of the special condition on the Applicants’ firearms licences was not justified as there was no real and appreciable risk to public safety established; the relevant risks were minimal, fanciful, or theoretical and already addressed by the Firearms Prohibition Order. The correct and preferable decision was to set aside the special conditions imposed by the Commissioner of Police.

Parties
First Applicant: Peter Cole; Second Applicant: Anne Cole; Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
09 November 2021
Procedural Posture
Administrative Review / Merits Review – Final Orders
Outcome
Application allowed; special conditions set aside; confidentiality orders made; no compensation ordered.
Legal Topics
Firearms Licensing, Firearms Prohibition Order, Imposition of Licence Conditions, Public Safety, Confidentiality Orders
Administrative Law Licensing Law Firearms Licensing Firearms Prohibition Order Imposition of Licence Conditions Public Safety Confidentiality Orders

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Parties

Peter Cole

First Applicant

Anne Cole

Second Applicant

Commissioner of Police

Respondent

Procedural Posture

Administrative Review / Merits Review – Final Orders

Legal Issues

  1. 1 Whether the imposition of a special condition on Applicants' firearms licences was justified on public safety grounds
  2. 2 Whether a 'real and appreciable risk' to public safety existed due to Applicants' son residing at or frequenting their residence
  3. 3 Whether the Commissioner’s decision was the correct and preferable decision

Ratio Decidendi

The imposition of the special condition on the Applicants’ firearms licences was not justified as there was no real and appreciable risk to public safety established; the relevant risks were minimal, fanciful, or theoretical and already addressed by the Firearms Prohibition Order. The correct and preferable decision was to set aside the special conditions imposed by the Commissioner of Police.

Court Disposition

Application allowed; special conditions set aside; confidentiality orders made; no compensation ordered.

Orders

  • Leave for Mr Waite to act as Applicants' representative is granted.
  • The decision of 3 August 2021 in respect of the Second Applicant to impose a special condition on the Category AB firearms licence is set aside and that special condition is removed.