Hamlyn v Queensland Police Service – Weapons Licensing
[2025] QCAT 66
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- Unreported Judgment
- Hamlyn v Queensland Police Service – Weapons Licensing[2025] QCAT 66
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Hamlyn v Queensland Police Service – Weapons Licensing[2025] QCAT 66
Hamlyn v Queensland Police Service – Weapons Licensing[2025] QCAT 66
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Hamlyn v Queensland Police Service – Weapons Licensing [2025] QCAT 66 |
PARTIES: | dallas burton hamlyn (applicant) v queensland police service – weapons licensing (respondent) |
APPLICATION NO/S: | GAR272-23 |
MATTER TYPE: | General administrative review matters |
DELIVERED ON: | 11 February 2025 |
HEARING DATE: | 30 September 2024 |
HEARD AT: | Brisbane |
DECISION OF: | Member Bertelsen |
ORDERS: |
|
CATCHWORDS: | Weapons Act 1990 (Qld), s 10, s 10B Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 20, s 21, s 24 Clarke v Queensland Police Service - Weapons Licensing [2022] QCAT 415 |
APPEARANCES & REPRESENTATION: | |
Applicant: | Dallas Hamlyn |
Respondent: | Acting Sergeant Angela Bauer |
REASONS FOR DECISION
- [1]By review application filed 12 April 2023 at Beenleigh the applicant Dallas Hamlyn seeks review of the Queensland Police Service (‘QPS’) decision of 8 February 2023 to revoke his firearms licence. He seeks reinstatement of his firearms licence. Mr Hamlyn’s licence was revoked for the reason the QPS was satisfied that Mr Hamlyn was no longer a fit and proper person to hold a firearms licence on account of his mental health and the public interest, nor had Mr Hamlyn provided medical evidence of him being a fit and proper person to hold a firearms licence within 90 days of prior suspension of his licence.
- [2]For the purposes of this application the Tribunal stands in the stead of the original decision maker and having regard to the material before it then makes a decision it considers to be the correct and preferable decision. There is no onus of proof nor is there any presumption that the QPS decision was correct. The Tribunal’s decision may confirm, vary, or entirely replace the QPS decision. The standard of proof to be applied is the civil standard, that is, the balance of probabilities.
- [3]Pursuant to section 20 Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) the Tribunal must hear and decide the review by way of fresh hearing on the merits to produce the correct and preferable decision. The QPS as decision maker for the reviewable decision must use its best endeavours to help the Tribunal so that it can make its decision on review. When considering who is a fit and proper person regard must be had to the public interest so that it can make its decision on review (section 10B(1)(d) Weapons Act 1990 (Qld)).
- [4]Mr Hamlyn at the date of hearing was a fifty-nine-year-old man employed by Queensland Corrective Services as a trade instructor, custodial correctional officer since 2015 prior thereto having worked with Corrective Services Victoria whereby on his account, he had passed all psychometric physical and security checks. He has no history of domestic violence, of any offence relating to the misuse of drugs, of any operating misuse of firearms, no history of dishonesty of any kind, and no criminal history, and has always been gainfully employed. He has held firearms licences for some 30/40 odd years to date. In his capacity as a custodial correctional officer, he is endorsed and required to carry a form of weapon (gas) at work.
History
- [5]Mr Hamlyn entered the workforce and spent some twenty-five years as a shearer/farmer in Victoria before moving to Corrective Services Victoria in 2011. In 2015 he started in his current position with Queensland Corrective Services.
- [6]On 29 May 2017 Mr Hamlyn was seriously assaulted at work. As a result, he suffered Post Traumatic Stress Disorder (‘PTSD’). He returned to work in July 2018. In the period March 2018 to September 2018, he was treated for his PTSD by Dr Mahapatra, medical practitioner/specialist consultant psychiatrist at the Apollo Specialist Centre. In his review report dated 9 September 2018 directed to Weapons Licensing produced to the Tribunal Dr Mahapatra stated that initially Mr Hamlyn was anxious and low in mood, had memories and nightmares of the assault, low self-esteem, and poor sleep, and was irritable and found it hard to relax. But there was no evidence of psychotic or manic symptoms. With treatment his mood and anxiety improved. Employer investigations post the May 2017 assault cleared him for return to work in July 2018. In Dr Mahapatra’s opinion Mr Hamlyn was fit to possess firearms as he had been using them responsibly and there was no evidence of suicidal or homicidal ideation. He would need regular assessment of his mental state by a psychiatrist with collateral information from his wife regarding any concerns or deterioration in mood.
- [7]In mid-2020 Mr Hamlyn received notification about renewal of his weapons licence which was due to expire on 8 August 2020. On 17 July 2020 Mr Hamlyn received an email from Weapons Licensing stating that his firearms licence renewal was currently being assessed with renewal granted shortly thereafter. In the period July 2020 to September 2021 some eleven permits to acquire firearms were approved by Weapons Licensing.
- [8]On 28 July 2022 Deborah June Hill, Mr Hamlyn’s partner, filed an application for a temporary protection order at the Magistrates Court Beenleigh. The same day Mr Hamlyn’s firearms were removed. According to a statutory declaration by Ms Hill dated 18 November 2022 and Mr Hamlyn’s written and oral evidence that application arose out of a misperception about the disposition of partnership funds, a misunderstanding about absence due to Mr Hamlyn’s varied work roster and some familial disruptions involving children. The application was withdrawn one week later, 4 August 2022, though not recorded as an order of the Court until 25 August 2025.
- [9]On 7 November 2022 Mr Hamlyn received correspondence from the QPS attaching a licence suspension notice and information notice/statement of reasons dated 31 October 2022 (similar correspondence dated 1 November 2022 was also received by Mr Hamlyn). In its statement of reasons, the QPS stated amongst other things.
I note that concerns have been raised in relation to the state of your mental health as a result of the medical letter provided on the 9 September 2018. In the report, Dr Mahapatra advises that you require regular assessment of your mental state with collateral information from your wife regarding any concerns or deterioration in mood.
- [10]In the same statement of reasons, the QPS stated referring to a temporary protection order made 28 July 2022
I note that this temporary protection order was in place from the 28 July 2022 to the 25 August 2022. I note that it is a condition of your licence to advise Weapons Licensing within 14 days of a change of address. I note that you have failed to notify Weapons Licensing of the change of address. Please refer to the attached documentation for what further information is required.
- [11]Mr Hamlyn’s licence was suspended for 90 days to afford him the opportunity to provide a recommendation from a medical practitioner that he was a fit and proper person to hold a weapons licence.
- [12]In an email of 27 November 2022 to the QPS Mr Hamlyn attached a medical certificate from his treating GP Dr Muhammad at Main Street Medical & Dental Centre dated 10 November 2022 which stated
This is to certify that Mr Dallas Hamlyn has been a patient of this practice for a few years. He has been attending regularly to his medication and remains compliant. I would greatly appreciate your understanding in this matter.
- [13]On 5 February 2023 Mr Hamlyn emailed to the QPS a specialist report by Dr Mahapatra medical practitioner/specialist consultant psychiatrist dated 30 January 2023 in support of him being a fit and proper person to hold a weapons licence. In that report Dr Mahapatra stated
Dallas had consulted me between March 2018 and July 2020 when I was treating him for Post Traumatic Stress Disorder (PTSD) in the context of assault by a colleague at workplace in May 2017 during his employment as a corrections officer……In his most recent appointment by telehealth on 22 December 2022, Dallas was accompanied by his wife. Dallas has continued to work for the same employer. He was concerned about his guns being taken away from him after a Temporary Protection Order (TPO) was made after his wife applied for it on 28 July 2022. She later withdrew the TPO. Dallas denied suffering from low mood, undue anxiety or symptoms of PTSD and said that he had continued to work for his employer without any issues. His wife agreed with this and said that he has been generally doing well. There was no evidence of any psychotic or manic symptoms. He reported drinking alcohol occasionally and denied any illicit substance use. He said that his sleep has improved after he started using CPAP nearly 14 months prior. He has lost nearly 10 kg and was being treated for a heart murmur. He had been taking Sertraline 50 mg which I asked him to continue at this stage. Given his presentation and reports of stable mental state, I feel that his mental state can be managed by his GP at this stage with review by a psychiatrist in a year.
- [14]On 8 February 2023 the QPS revoked Mr Hamlyn’s weapons licence citing a failure to provide medical evidence which affirmed that Mr Hamlyn was a fit and proper person to hold a licence authorising the possession and use of firearms with respect to his mental health and the public interest.
- [15]Mr Hamlyn produced to the Tribunal a report by Melissa Sykes, psychologist, dated 1 June 2023. In the report Ms Sykes gave short form summaries of Mr Hamlyn’s growing up years to adulthood, his health, relationships, employment, the 2017 workplace incident, and his hobbies. With respect to his PTSD, she said there were several criteria that needed to be met for a diagnosis of PTSD. She did not believe Mr Hamlyn met the criteria for diagnosis. Mr Hamlyn did not believe he was going to die from the assault, he had not reported any recurrent, involuntary, or distressing memories, dreams or flashbacks of the assault, he was able to speak openly about the 2017 incident (as opposed to persistent avoidance of stimuli associated with such a traumatic incident), there were no persistent negative emotional states as a result of the incident, his mood was stable, he could concentrate, there was no significant distress or impairment in social, occupational, or other important areas of functioning and finally he had no substance abuse or medical issues.
- [16]In summary Ms Sykes did not believe Mr Hamlyn was suffering from any mental health disorders which impacted his functioning. She said:
He presents as a well-balanced and well-adjusted individual. There are no indicators that Mr Hamlyn requires any ongoing form of psychological intervention or assessment. Should this change in the future Mr Hamlyn is willing and able to seek support through appropriate means. In my assessment it would be supported that Mr Hamlyn is a “fit and proper” person to hold a firearms licence. Mr Hamlyn does not present as a risk to himself or any members of the public. The community can have confidence that no improper incidents should occur with the reinstatement of Mr Hamlyn’s weapons licence.
- [17]Mr Hamlyn produced to the Tribunal a report by Dr Angela Joy, clinical psychologist, dated 1 March 2024. She had treated Mr Hamlyn from 14 August 2017 to 10 April 2019. Initially he exhibited the symptoms of PTSD and major depression. He was unable to work, was hypervigilant, withdrawn and having increased interpersonal conflict. He engaged in Cognitive Behavioural Therapy (CBT). He was a motivated client who was dedicated to his recovery and return to work. Dr Joy took a period of absence in 2019 which ended her sessions with Mr Hamlyn.
- [18]She said that at that time Mr Hamlyn had started returning to his workplace. His PTSD and depression symptoms were greatly improved. Her prognosis at the time was good. She expected that progress would continue, and that Mr Hamlyn was likely to achieve recovery from PTSD and depression.
- [19]Mr Hamlyn attended a session with Dr Joy on 20 January 2024. He sought information in relation to a gun licence and return to sports shooting. Mr Hamlyn was assessed for PTSD and depression. According to a checklist measure for PTSD provided by Dr Joy Mr Hamlyn scored zero on each of five subscales. He did not therefore exhibit any PTSD symptoms and was well below the threshold for a provisional PTSD diagnosis. With respect to depression Mr Hamlyn subjected himself to a depression, anxiety, and stress scales test with the result that he scored within the normal range for depression, anxiety, and stress.
At hearing
- [20]Mr Hamlyn gave evidence that he was well and back at work. He considered himself fully recovered. Whilst over a number of years he had seen five medical practitioners/psychologists/psychiatrists they were independent reports. With respect to continuing to take Sertraline (an antidepressant) he said Dr Mahapatra had prescribed that years ago for PTSD and that he had never really taken him off it. So, he just stayed on it. There was no other reason than that he was comfortable taking it. He said he took aspirin and since his open-heart surgery cholesterol tablets. When it was suggested that he needed to be supervised by his wife he said that was never the case. As for notification of change of address Mr Hamlyn was out of the country in early to mid-August 2022. He never considered he had changed his address.
- [21]In evidence Ms Hill described Mr Hamlyn’s health post heart surgery and associated weight loss as “you shine every day”. She described him as less stressed, calm, and “pretty much self-regulated”.
Conclusions
- [22]The issues to be determined are whether Mr Hamlyn is a fit and proper person to hold a weapons licence and whether it is in the public interest that he holds such a licence.
- [23]Pursuant to section 10(B)(1) of the Weapons Act 1990 (Qld) in deciding whether a person is a fit and proper person to hold weapons licence an authorised officer (and here the Tribunal) must have regard to a number of factors:
- The mental and physical fitness of the person.
Here there are some five reports from medical practitioners/psychologists/ psychiatrists all of which centred around the years following Mr Hamlyn’s assault in May 2017 and the PTSD that followed. In order: as early as 9 September 2018 Dr Mahapatra found no evidence of psychotic or manic symptoms and was of the view that Mr Hamlyn was fit to possess firearms. Dr Muhammed in his medical certificate of 10 November 2022 stated Mr Hamlyn attended to his medication and remained compliant. Again, Dr Mahapatra in his update of 30 January 2023 found no evidence of psychotic or manic symptoms. He felt Mr Hamlyn’s mental state could be managed by his GP with review by a psychiatrist in a year hence. Melissa Sykes psychologist in her assessment of 1 June 2023 after exhaustive testing found Mr Hamlyn did not suffer from any mental health disorders which impacted his functioning, that he was a fit and proper person to hold a firearms licence and that he did not present as a risk to himself or any members of the public. Dr Joy in her report of 1 March 2024 found Mr Hamlyn did not endorse any PTSD symptoms and was within the normal range for depression, anxiety, and distress.
The progression of these reports strongly supports a conclusion that Mr Hamlyn is well and truly over his PTSD and any other consequences of the May 2017 assault and that he is mentally and physically fit. The variety of practitioners involved and their general consistency each with the other gives added credence to such a conclusion. Even applying diminished weight to the practitioners’ reports due to those practitioners’ non-appearance/availability at hearing for cross examination they are more than sufficient to warrant the conclusion that Mr Hamlyn is mentally and physically fit. Any continuity of medication such as Sertraline can be categorised as precautionary and perhaps even commendable.
- Whether a domestic violence order was ever made.
A temporary protection order was made on 28 July 2022 and withdrawn on 4 August 2022. It arose out of a set of circumstances shortly described as misperceptions. On the evidence of both Mr Hamlyn and Ms Hill it turned out to be a storm in a teacup. There is no basis for assuming that this episode amounted to a disqualifying factor. What it did do, it seems unwittingly, was cause the QPS to revisit some four years later Dr Mahapatra’s report of 9 September 2018 and in circumstances where in the intervening years Mr Hamlyn’s weapons licence had been renewed and a number of approvals of permits to acquire weapons issued (and in which time Mr Hamlyn appears to have conducted himself flawlessly).
- Whether Mr Hamlyn has ever made any false or misleading statement in relation to an application for or renewal of a weapons licence.
There was no evidence that such was ever the case.
- Whether there is any criminal intelligence or other information accessed indicating Mr Hamlyn is a risk to public safety or that authorising him to possess a weapon would be contrary to the public interest.
There was no criminal intelligence or other relevant information justifying licence revocation.
- Public interest
By section 3 of the Weapons Act 1990 (Qld) weapons possession and use are subordinate to the need to ensure public and individual safety. The principles relating to whether a person is a fit and proper person to hold a weapons licence (and therefore whether it is in the public interest) was discussed at some length in Clarke v Queensland Police Service – Weapons Licensing.[1] It was there stated that the public interest was a broad concept in which the interests of the community are considered having regard to the scope and purpose of the relevant legislation. It was further stated that when considering the public safety in the context of weapons licensing, individual and public safety are important factors to be taken into account. Here Mr Hamlyn has an impeccable record when it comes to the handling and use of firearms. This is not surprising given that he grew up in the bush, was a farmer and held a weapons licence for the better part of his adult life.
- [24]There was no evidence of a history of domestic violence (other than what has been effectively dismissed here), of any offence relating to the misuse of drugs, of any operating misuse of firearms, no history of dishonesty of any kind, no criminal or traffic history nor any evidence suggesting disregard for Mr Hamlyn’s licence conditions.
- [25]Mr Hamlyn, a man clearly experienced in the use of firearms both on the land and for recreational purposes, has been without a licence now since February 2023. His interaction with the QPS has been episodically ongoing for at least since September 2018 to date a period of some six years. The QPS suspension notice of 31 October 2022 reasoned that Dr Mahapatra’s report of 9 September 2018 required regular assessment of Mr Hamlyn’s mental state with collateral information from his wife regarding any concerns or deterioration in mood. But there were no concerns. Quite the contrary Mr Hamlyn’s condition improved to the point of Ms Hill describing him as “shining”. Nor was there deterioration in mood. Once again according to practitioners reports there was a timeline of improvement. The QPS revocation notice of 8 February 2023 reasoned there was a failure of medical evidence affirming Mr Hamlyn as a fit and proper person. What medical evidence, one may ask. Mr Hamlyn held a licence (albeit suspended) based on Dr Mahapatra’s report of 9 September 2018. With there being no concerns or deterioration in mood there was nothing to report (other than improvement). Mr Hamlyn has been subjected to an overly longwinded interaction with the QPS about his licence, its renewal, its suspension, its revocation, and this review.
- [26]It is observed that Dr Mahapatra in his report of 9 September 2018 considered Mr Hamlyn a fit and proper person to hold a firearms licence. He did not resile from that position in his report of 30 January 2023 some four and a half years later.
- [27]The suspension notice of 31 October 2022 additionally referred to the temporary protection order of 28 July 2022. By that time, 31 October 2022 the temporary protection order issue had come and gone, confirmed a few weeks later in Ms Hill’s declaration of 18 November 2022. It appears that but for the temporary protection order issue this whole litany of events could have been avoided. Given that any misunderstanding/misperception as between Ms Hill and Mr Hamlyn had obviously resolved itself by 4 August 2022 and Mr Hamlyn being away for a short time in the first part of August 2022 the Tribunal can be satisfied that there was no effective change of address necessitating notification.
- [28]Finally, Mr Hamlyn as his own witness came across not as the most articulate man but straight forward and honest. His demeanour and conduct were that of a man telling the truth. He was a credible witness.
- [29]The positive factors supporting Mr Hamlyn’s application outweigh any perceived need for licence revocation. He can be regarded as a fit and proper person to hold a weapons licence. The public interest (safety) is not compromised.
Orders
- The Queensland Police Service revocation notice of 8 February 2023 is set aside.
- The Applicant Mr Hamlyn’s firearms licence is reinstated to be renewed as necessary.
Footnotes
[1]Clarke v Queensland Police Service – Weapons Licensing [2022] QCAT 415, [20]-[22].