Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15:

1. On 30 April 2024, the Applicant lodged an application for a Category AB firearms licence (Licence application) for the stated reason of recreational hunting / vermin control and declared he has permission to shoot from the owner or occupier of rural land. The Applicant further declared he was diagnosed with depression in 2004 and is in receipt of Disability Support Pension.

2. On 9 May 2024, the Firearms Registry (Registry) requested further information from a treating medical practitioner regarding the Applicant's medical condition. In response, the Registry received a letter from the Applicant's treating General Practitioner (GP) Dr Michele Hogg dated 15 March 2024 which states that the Applicant is medicated for depression, his condition is stable and well-controlled, and he poses no danger to himself or to the public.

3. On 13 May 2024, the Registry informed the Applicant that it is a requirement as part of the licensing process for it to request an assessment from a psychiatrist or psychologist as evidence of his suitability to possess and use firearms without posing a risk to public safety. The Registry requested the Applicant review and sign a Medical Report Authorisation and take it to his GP. The authorisation included a request for the GP to refer the Applicant to a psychiatrist or psychologist to complete a mental health risk assessment questionnaire.

4. In his response to this request, a report from Mr Curtis, psychologist, dated 19 July 2024 was provided to the Registry (Psychologist report). Mr Curtis stated that, in his opinion, "[t]here is no foreseeable risk to the public safety in [the Applicant] possessing and making safe use of a firearm."

5. On 20 September 2024, the Registry refused the Licence application on the basis that issue of the licence would be contrary to the public interest (Original Decision). The officer found that the Psychologist report was outweighed by the fact that the Applicant continued to be involved in altercations which raised serious concerns about his character and lack of self-control.

6. On 17 October 2024 the Applicant sought internal review of the Original Decision. In a decision dated 27 November 2024 (Reviewable Decision), the internal reviewer affirmed the Original Decision. The internal reviewer was not satisfied that there would be "virtually no risk to public safety" if the Applicant was authorised to hold a firearms licence and that it would not be in the public interest for him to do so at this time.

7. By an application for review filed with the Tribunal on 20 December 2024, the Applicant sought review of the Reviewable Decision.

Legal framework

Firearms Act

8. The relevant statutory provisions governing the decision before the Tribunal are contained in the Firearms Act 1996 (NSW) (Firearms Act), which establishes a licensing and permit scheme for the possession and use of firearms in New South Wales. Section 3 sets out the underlying principles and objects of the Act:

Principles and objects of Act

(1) The underlying principles of this Act are -

(a) to confirm firearm possession and use as being a privilege that is conditional on the overriding need to ensure public safety, and

(b) to improve public safety -

(i) by imposing strict controls on the possession and use of firearms, and

(ii) by promoting the safe and responsible storage and use of firearms, and

(c) to facilitate a national approach to the control of firearms.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197f2ea985cd4654af93e7b2)

Disclaimer: Curated by HT Syndication.