Spence v Commissioner of Police, New South Wales Police Force

[2026] NSWSC 984

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. ADMINISTRATIVE LAW — Particular administrative bodies — police — revocation of firearms licence — where plaintiff sentenced to conditional release order for firearms-related offences — where delegate gave weight to requirement to refuse a new licence application for a person serving a conditional release order — where delegate determined not in public interest for plaintiff to possess or use firearms by way of a licence
1. ADMINISTRATIVE LAW — Hearing rule — disclosure — adverse allegations — whether delegate erred in taking into account certain police computer system entries
1. ADMINISTRATIVE LAW — Irrelevant and relevant considerations — whether delegate erred in taking into account the requirement to refuse a new licence application for a person serving a conditional release order — whether delegate failed to take into account low objective seriousness of offending and prior behaviour and primary producer status of the plaintiff
1. ADMINISTRATIVE LAW — Ground of review other than procedural fairness — unreasonableness — whether unreasonableness in delegate’s decision due to plaintiff’s lengthy period of prior compliance with firearms legislation

The mandatory licence refusal ground in s 11(5)(d)(iii) of the Firearms Act 1996 (NSW) (refusal where applicant is subject to a CRO for a prescribed offence) is not an irrelevant consideration when exercising the discretionary revocation power under s 24(2); s 24(2)(a) expressly permits consideration of any reason for which the licensee would be required to be refused a licence of the same kind.
Following the abolition of NCAT merits review for firearms licensing decisions, the Supreme Court's judicial review jurisdiction under s 69 of the Supreme Court Act does not permit the court to remake the decision on the merits; prior NCAT decisions on the merits (such as Burey and Romanos) do not establish mandatory relevant considerations or legal standards binding on the delegate.
Whether the reasoning in Solomon v Commissioner of Police (NSW) [2021] NSWSC 236 — that the statutory scheme excludes an obligation to identify and communicate all adverse material before making a firearms licensing decision — survives the removal of merits review was expressly left open.