Tukel v Combat Sports Authority [2023] NSWCATAD 180

Tukel v Combat Sports Authority [2023] NSWCATAD 180

Mr Tukel is not a fit and proper person for registration under the Combat Sports Act 2013 due to the existence of a firearms prohibition order, previous and possibly ongoing associations with an outlaw motorcycle gang (the Comanchero), and acting as a trainer or second without proper registration, all of which undermine the integrity and public perception of combat sports and are contrary to the statutory objectives of the Act.

Parties
Applicant: Fidel Tukel; First Respondent: Combat Sports Authority; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
12 July 2023
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision under review affirmed
Legal Topics
Fit and Proper Person, Registration of Trainers, Outlaw Motorcycle Gangs, Firearms Prohibition Order, Confidential Evidence Procedures
Administrative Law Sports Law Fit and Proper Person Registration of Trainers Outlaw Motorcycle Gangs Firearms Prohibition Order Confidential Evidence Procedures

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Parties

Fidel Tukel

Applicant

Combat Sports Authority

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether Mr Tukel is a fit and proper person to be registered as an industry participant under the Combat Sports Act 2013
  2. 2 Whether ongoing associations with members of the Comanchero outlaw motorcycle gang affect Mr Tukel's suitability for registration
  3. 3 Whether Mr Tukel conducted himself as a trainer or second without registration in contravention of the Combat Sports Act

Ratio Decidendi

Mr Tukel is not a fit and proper person for registration under the Combat Sports Act 2013 due to the existence of a firearms prohibition order, previous and possibly ongoing associations with an outlaw motorcycle gang (the Comanchero), and acting as a trainer or second without proper registration, all of which undermine the integrity and public perception of combat sports and are contrary to the statutory objectives of the Act.

Court Disposition

Decision under review affirmed

Orders

  • The decision under review is affirmed.