Fakhouri v Commissioner of Police [2021] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fakhouri v Commissioner of Police [2021] NSWCATOD 1 Hearing dates: 16 December 2020 Date of orders: 5 January 2021 Decision date: 05 January 2021 Jurisdiction: Occupational Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review set aside. (2) A class 1ACE security licence is to issue to the applicant, subject to a condition to the effect that "If the licence holder accumulates 5 or more driver demerit points before 31 December 2021, the Commissioner may summarily revoke his security licence". Catchwords: LICENSING – security industry – licence refusal – public interest – fit and proper person – serious driving record – whether rehabilitated – licence condition. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Evidence Act 1995 (NSW) Security Industry Act 1997 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11; Blisset v Commissioner of Police, New South Wales Police Force [2006] NSWADT 114; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9; Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50; Director of Public Prosecutions v Smith (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Ekila v Commissioner of Police, New South Wales Police Force [2019] NSWCATOD 150; Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Farquharson v Director-General, Department of Transport [1999] NSWADT 53; Fakhouri v Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 117; Feuerstein v Commissioner of Police, New South Wales Police Force [2007] NSWADT 114; Fitton v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2007] NSWADT 72; Habib v Commissioner of Police, New South Wales Police Force [2015] NSWCATOD 48; Haining v Commissioner of Police, New South Wales Police Service [1999] NSWADT 6; Hardy v Commissioner of Police, New South Wales Police Force [2006] NSWADT 167; Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218; Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127; Ibrahim v Commissioner of Police, New South Wales Police Force [2009] NSWADT 245; IJ v Commissioner of Police, New South Wales Police Force [2003] NSWADT 230; Infarinato v Commissioner of Police, New South Wales Police Force [2004] NSWADT 43; Joseph v Commissioner of Police, New South Wales Police Force [2017] NSWCA 31; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66, (1992) 110 CLR 449; O'Neill v Commissioner of Police, New South Wales Police Service [2005] NSWADT 130; O'Sullivan v Farrer (1989) 168 CLR 210; Sobey v Commercial and Private Agents Board (1979) 22 SASR 70; Sosaiete & Asovale v Commissioner of Police, New South Wales Police Force [2015] NSWCATOD 91. Category: Principal judgment Parties: Mr Mohammed Fakhouri (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self-Represented) Office of General Counsel (Respondent) File Number(s): 2020/00296329