Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement:

1. The applicant lodged an application for a category AB firearms licence on 25 October 2024. That application was refused by a decision made on 8 November 2024. The applicant sought internal review of that decision on 22 November 2024 and on 18 December 2024, the internal reviewer affirmed the original decision. He then sought review from the Tribunal by an application filed on 20 December 2024.

2. The applicant has held a firearms licence since 20 March 2006.

3. On 24 January 2020, his AB licence was suspended and was revoked on 21 October 2020. This followed an incident at the home of the applicant's sister on 22 January 2020 (January 2020 incident), which resulted in the applicant being charged with a number of violence related offences including "armed with intent to commit an indictable offence" and being the respondent to an apprehended violence order (AVO). The charges were subsequently dismissed pursuant to s 32(3)(a) of the (then) Mental Health (Forensic Provisions) Act 1990 (NSW) (Mental Health Act).

4. On 24 April 2023, the applicant applied for a firearms licence. That application was refused. The applicant sought internal review of the decision to refuse his application for a firearms licence and when that was unsuccessful (4 July 2023), he sought review in the Tribunal by an application made on 18 July 2023. That application to the Tribunal was ultimately withdrawn by the applicant.

5. As noted above, a further application for a firearms licence was made on 25 October 2024 which was refused, a decision that was affirmed on internal review. It is the decision in relation to the October 2024 application that is before the Tribunal for determination.

6. The applicant seeks to challenge the decision on a number of bases including that he had previously held a category A, B and H firearms licence since 2000 (sic); that he is unable to obtain suitable employment as a result of the decision; that the charges against him were dismissed under the Mental Health Act and he was diverted into treatment; and that the AVO is no longer in place. In his application for review (prepared by his legal representatives) he also claimed to have had extensive rehabilitation. He provided a comprehensive risk assessment conducted by Stephen Bradley in a report dated 6 August 2024 which, it was contended, had "conclusively determined" that his "symptoms have resolved and remain stable with ongoing medication and his behaviour does not suggest he is at risk of harming himself, or others".

7. In other parts of the application, the applicant sought to challenge the facts set out in other COPS event reports, on the basis that "reliance was placed upon complaints neither adequately investigated or pursued to any conclusion and which occurred many years ago and at a time during which Mr Melodia held a firearms licence".

8. The internal reviewer affirmed the decision of the respondent. The reviewer referred to the January 2020 incident; and noted that the charges were finalised pursuant to s 32 of the Mental Health Act as it appeared to the magistrate that the applicant was "cognitively impaired, was suffering from mental illness or was suffering from a mental condition for which treatment was available in a hospital". The reviewer also referred to medical reports submitted in support of that outcome to the effect that the applicant had been receiving treatment from a psychologist since September 2019 and had reported struggling since 2010 after being discharged from the army due to his mental health (which he had "incorrectly reported" as being because of physical injury).

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1971a6dc29e34b69489c762e)

Disclaimer: Curated by HT Syndication.