DWE v Commissioner of Police [2021] NSWCATOD 19

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DWE v Commissioner of Police [2021] NSWCATOD 19 Hearing dates: 25 September 2020 Date of orders: 11 February 2021 Decision date: 11 February 2021 Jurisdiction: Occupational Division Before: D Dinnen, Senior Member Decision: The decision under review is affirmed Catchwords: ADMINISTRATIVE LAW – occupational licensing – security licences – criminal offences – serious conduct – honesty – discrimination – public interest Legislation Cited: Administrative Decisions Review Act 1997 Anti-Discrimination Act 1997 Crimes Act 1900 Disability Discrimination Act 1992 (Cth) Mental Health (Forensic Provisions) Act 1990 Mutual Recognition (Automatic Licensed Occupations Recognition) Act 2014 Security Industry Act 1997 Security Industry Regulation 2016 Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Blissett v Commissioner of Police, New South Wales Police; Webb Protection Australia Pty Ltd v Commissioner of Police, New South Wales Police [2006] NSWADT 114 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSW ADTAP 9 Commissioner of Police, New South Wales Police v Mercer (GD) [2005] NSWADTAP 55 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Cusumano v Commissioner of Police, New South Wales Police Service [2001] NSWADT 50 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Feuerstein v Commissioner of Police, NSW Police [2007] NSWADT 114 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 McMicking v Commissioner of Police, NSW Police Force [2014] NSACATOD 95 Sitotaw v Commissioner of Police, New South Wales Police [2006] NSWADT 96 Sobey v Commercial Agents Board [1979] 22 SASR 70 Texts Cited: None cited Category: Principal judgment Parties: DWE (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Applicant (Self Represented) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 2018/00227059 Publication restriction: Applicant's name to be identified by pseudonym 'DWE'