Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30:

1. HBI (the Applicant) seeks review by the Tribunal of an internal review decision of the Commissioner of Police, NSW Police Force (Respondent) made on 4 February 2025 under the Firearms Act 1996. The internal review decision affirmed a decision of the Respondent made on 28 November 2024 to impose a Special Condition on the Applicant's Category AB firearms licence (the firearms licence).

2. The effect of the Special Condition is that the Applicant cannot store or possess firearms, parts or ammunition at any location where the Applicant's son resides or frequents.

3. The Applicant applied for the firearms licence on 8 October 2024 to shoot feral or pest animals on rural land owned by another person.

4. On 31 January 2025, the Applicant was issued the firearms licence with the Special Condition imposed.

5. The Respondent decided to affirm the decision to impose a Special Condition due to concerns for public safety. Those concerns arose from conduct of the Applicant's son that had been notified to the Police.

6. The Respondent's position is that the Special Condition should remain because:

a) there is a real and appreciable risk to public safety if the reviewable decision is set aside and the Special Condition lifted; and

b) by reference to the genuine reason for which the Applicant holds the licence, there is little, if any, inconvenience as a consequence of the Special Condition being imposed.

7. The Applicant wants the Tribunal to set aside the Respondent's decision and remove the Special Condition. The Applicant's position is that the son's behaviour is now controlled through medication, diet and parenting strategies so there is no risk to public safety if the Special Condition is lifted.

8. The primary issue for determination by the Tribunal is whether there remains an appreciable risk to public safety or whether the son's behaviour is controlled such that there is no longer a risk that warrants the Special Condition. For the reasons which follow, the Tribunal has concluded that the Respondent's decision should be affirmed, and the Special Condition should remain at this time.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197be54e2e4b135c62e21b55)

Disclaimer: Curated by HT Syndication.