Hopper v Commissioner of Police, New South Wales Police Service

[2000] NSWADT 111

CITATION:	Hopper -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 111
DIVISION:	General Division
PARTIES:	APPLICANT Paul Hopper RESPONDENT Commissioner of Police, New South Wales Police Service
FILE NUMBER:	003103
HEARING DATES:	26/06/2000
SUBMISSIONS CLOSED:	06/26/2000
DATE OF DECISION:	06/26/2000
BEFORE:	Lees M - Judicial Member
APPLICATION:	Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Firearms Act 1966
CASES CITED:
REPRESENTATION:	APPLICANT T Shulze, solicitor RESPONDENT J Tunks, solicitor
ORDERS:	1. The decision of the Commissioner of Police made on 21 February 2000 affirming the revocation decision of 21 December 1999 is set aside; 2. Mr Hopper’s licence, issued on 16 October 1998, is to be reinstated subject to the condition that Mr Hopper remain of sober habits for the remainder of the licence period.

1 This decision and my brief reasons for it were delivered orally on 26 June 2000. The following consists largely of the transcript of that decision with minor embellishment in order to more accurately convey the reasoning behind the decision.

2 The proceedings concern the application by Mr Paul Hopper for review of the decision of the Commissioner of Police to revoke his firearms licence made under s 24 of the Firearms Act 1996 read with cl 17 of the Firearms (General) Regulation 1997.

3 Mr Hopper's application to this Tribunal for review of that decision was made pursuant to s 75 of the Firearms Act.

4 Representatives of both the applicant, Mr Hopper, and the administrator, the Commissioner of Police, have exchanged information subsequent to the Commissioner's decision to revoke.

5 Additional documentary information has been placed before the Tribunal on behalf of both the administrator and the applicant. This information consists largely of personal references for the applicant, written in the knowledge of the applicant’s convictions, which attest to his character and to the isolated nature of the incident that led to his arrest and convictions. These references have not been challenged.

6 Brief submissions have been made on behalf of both parties.

7 It is clear from the references and the submissions made on behalf of Mr Hopper that he has been shocked out of a lifestyle that threatened his own well being and future, and possibly that of others. It has been a serious lesson which it appears Mr Hopper has understood.

8 Amongst the additional information before the Tribunal is a very recent statement from Acting Inspector J D Dore. Mr Hopper and his family are known to Acting Inspector Dore. Inspector Dore was also the local policeman on duty and present after the events leading to Mr Hopper's arrest and convictions. He is therefore familiar with Mr Hopper’s behaviour whilst he is under the influence of excessive alcohol consumption. Both in light of and despite this knowledge, Inspector Dore’s statement is to the effect that he has no objection to Mr Hopper holding a conditional firearms licence if that condition requires Mr Hopper to remain of ‘sober habits’. This is a gesture of considerable faith and trust in Mr Hopper's character. I hope Mr Hopper appreciates and respects the seriousness of Inspector Dore's gesture and trust.

9 The facts that this document was provided to the Tribunal by the administrator itself and that the administrator submitted that it had no objection to the issuing of a conditional licence, are strongly persuasive in suggesting that the correct and preferable decision in the circumstances would be to set aside the administrator’s original decision.

10 Accordingly, weighing up the new documentary information before the Tribunal and the submissions made on behalf of the parties, my decision, bearing in mind s 19 of the Firearms Act and pursuant to s 63(3) of the Administrative Decisions Tribunal Act1997 is to:

(1) set aside the decision of the Commissioner of Police made 21 February 2000 affirming the revocation decision of 21 December 1999, and

(2) order that Mr Hopper’s licence issued on 16 October 1998 be reinstated subject to the condition that Mr Hopper remain of sober habits for the remainder of the licence period.