Issue link: http://ssaansw.uberflip.com/i/1089320
18 Sporting Shooters Association of Australia (NSW) Inc. Q1. I have appealed the decision of the Firearms Registry to revoke my firearms licence to NCAT. I am doing the appeal without anyone representing me. What is the process now the matter is in the Tribunal? A1. Once you have filed your application for administrative review with the NSW Civil & Administrative Tribunal (NCAT), you are called the Applicant and the Commissioner of Police is called the Respondent (whilst it is the Firearms Registry that has made the decision, it is because the Commissioner of Police has delegated that power). The Tribunal will notify you of a time and date for a Directions Hearing which you can attend in person or by telephone. At the Directions Hearing the Respondent will have a representative, usually a Solicitor. It is usual practice at the Directions Hearing for the Respondent to serve on you a bundle of documents called "the Section 58 documents". These are the documents the Respondent considered when making its decision to revoke your licence. The Tribunal will then give directions and set a timetable for each party to file their documentary evidence and any written submissions they wish to make with the Tribunal and serve a copy on the other side. The Applicant is directed to file and serve their evidence first, with the Respondent shortly thereafter. This evidence can be such things as a statement from you, statements from any other witnesses who can support your application, character references, Medical reports, etc. The written submissions are each side's summary of why the Tribunal should find in their favour. At the Directions Hearing it is also usual for the Tribunal to set a date for your application to be heard. Once each party has filed and served their evidence and submissions, and before the hearing date, the Applicant and Respondent advise each other whether any of the witnesses who have provided statements or other evidence are required to attend the hearing for the purpose of being cross-examined by the other side. On the hearing date, the Applicant, the respondent's representative and any witnesses required must appear. The Presiding Tribunal Member will read through all the documentary evidence and written submissions and hear evidence from the witnesses who have attended. The Applicant cross-examines the Respondent's witnesses and vice versa. At the completion of the hearing, the Tribunal may give a decision immediately or "reserve" making a decision to further consider all the evidence. If it reserves its decision, the parties are advised in due course by the Tribunal of the date the decision will be released. The Tribunal's role in hearing the matter is to determine whether the decision of the Commissioner to revoke your licence is the correct or preferable decision. If the Tribunal is of the view that it is the correct or preferable decision, the decision to revoke will stand. If not, the decision will be set aside and a direction will be given for the licence to be reinstated. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au Ask Stephen Legal Matters