Fisher v Combat Sports Authority of NSW and Anor [2022] NSWCATAD 238

Fisher v Combat Sports Authority of NSW and Anor [2022] NSWCATAD 238

Although the Applicant's serious offending was relevant, the fit and proper inquiry had to focus on whether he was fit and proper to be registered as an amateur boxing combatant. The Tribunal found only an indirect connection between the 2015 offending and boxing, no evidence that he had ever disregarded boxing harm minimisation rules, substantial contemporaneous evidence of rehabilitation and pro-social conduct, and no discernible risk that he would become a risk to fellow competitors or others in the boxing context. His parole status did not alter that conclusion. The correct and preferable decision was therefore to set aside the refusal and grant registration.

Jurisdiction
Australia
Judgment Date
15 July 2022
Procedural Posture
Administrative Review of Decision Refusing Registration as a Combatant in the Amateur Boxing Registration Class Under the Combat Sports Act 2013 / Principal Judgment
Outcome
The decision refusing registration was set aside and the Applicant's application for registration was granted.
Legal Topics
['registration as Combatant' 'fit and Proper Person' 'criminal History' 'parole' 'correct and Preferable Decision']
['administrative Law' 'combat Sports Regulation'] ['registration as Combatant' 'fit and Proper Person' 'criminal History' 'parole' 'correct and Preferable Decision']

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Procedural Posture

Administrative Review of Decision Refusing Registration as a Combatant in the Amateur Boxing Registration Class Under the Combat Sports Act 2013 / Principal Judgment

Legal Issues

  1. 1 ['Whether the Applicant was a fit and proper person to be registered as a combatant in the Amateur Boxing registration class under s 13 of the Combat Sports Act 2013.' "Whether the Applicant's serious criminal convictions and parole status meant registration should be refused despite evidence of rehabilitation and current good character." 'Whether the correct and preferable decision was to refuse or grant the application for registration.']

Ratio Decidendi

Although the Applicant's serious offending was relevant, the fit and proper inquiry had to focus on whether he was fit and proper to be registered as an amateur boxing combatant. The Tribunal found only an indirect connection between the 2015 offending and boxing, no evidence that he had ever disregarded boxing harm minimisation rules, substantial contemporaneous evidence of rehabilitation and pro-social conduct, and no discernible risk that he would become a risk to fellow competitors or others in the boxing context. His parole status did not alter that conclusion. The correct and preferable decision was therefore to set aside the refusal and grant registration.

Court Disposition

The decision refusing registration was set aside and the Applicant's application for registration was granted.

Orders

  • ["The First Respondent's decision to refuse the Applicant's application to register the Applicant as a combatant in the Amateur Boxing registration class is set aside." "The decision is made that the Applicant's application for registration under the Combat Sports Act 2013 (NSW) is granted."]