Camilleri v Commissioner of Police, NSW Police Force
[2024] NSWCATAD 62
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2023-07-10
Source
Original judgment source is linked above.
Judgment (14 paragraphs)
REASONS FOR DECISION
- This is an application by Michael Camilleri seeking review of a decision made by the Commissioner of Police, NSW Police Force (the Commissioner) under the Firearms Act 1996 (the Firearms Act) to refuse his application for a category AB firearms licence. The decision to refuse the licence was made on 20 December 2022. Mr Camilleri made an application for internal review and the refusal decision was affirmed on 20 February 2023. He then made this application to the Tribunal for administrative review.
- The position of the Commissioner is that it is not in the public interest for Mr Camilleri to hold a firearms licence. The Commissioner also submits that there is reasonable cause to believe Mr Camilleri may not personally exercise continuous and responsible control over firearms because of previous suicide attempts and adverse concerns about his mental health.
- The Commissioner relies on the following matters in support of her decision to revoke Mr Camilleri's firearms licence: 1. Criminal charges laid against Mr Camilleri. 2. Mr Camilleri's history of altercations with others. 3. Concerns about Mr Camilleri's mental health and risk of self-harm, including that on 7 January 2022 he was detained under the Mental Health Act 2007 following threats to kill himself. 4. Mr Camilleri's behaviour towards police.
- Mr Camilleri disputes much of the evidence provided by the Commissioner. He states that he has no mental health issues and has never tried to self-harm or threatened self-harm. He states that his interactions with the law have been in self-defence or people have made false complaints about him. Mr Camilleri states that he demonstrates an understanding of and attitude towards public safety and compliance, self-management and a need to stay within the law. He further states there is no risk to the public in him having a firearms licence.