STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATOD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATOD 166 Hearing dates: 23 September 2021 Date of orders: 23 September 2021 Decision date: 20 October 2021 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The review application and application for a stay are dismissed under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as the Tribunal has no jurisdiction to review the decision of the respondent made on 10 September 2021. Catchwords: ADMINISTRATIVE REVIEW – holder of a security licence – revocation of an approval under s 27A of the Security Industry Act to conduct training – whether an administratively reviewable decision Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Security Industry Act 1997 Security Industry Amendment Act 2017 Security Industry Regulation 2016 Category: Procedural rulings Parties: Star Training Academy Pty Ltd (Applicant) Commissioner of Police (Respondent) Representation: Counsel: M Robinson SC with J Alderson (Applicant)

Solicitors: Piper Alderman (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2021/00269061 Publication restriction: Nil

REASONS FOR DECISION 1. On 12 December 2014 the Commissioner of Police (the Commissioner) approved STAR Training Academy Pty Ltd (STAR) to provide training, assessment and instruction for various purposes under the Security Industry Act 1997 (the Security Industry Act). On 10 September 2021 the Commissioner revoked that approval on the basis that STAR had not complied with its conditions of approval. STAR has made an application to the Tribunal for administrative review of the revocation decision under the Administrative Decisions Review Act 1997 (the ADR Act). STAR has asked that the decision to revoke its approval be stayed pending the outcome of the review. 2. The Commissioner has made an application seeking dismissal of the stay application and dismissal of the review application on the basis that the decision to revoke STAR's approval is not an administratively reviewable decision. 3. On 23 September 2021 I dismissed both the stay application and the review application under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 as the Tribunal has no jurisdiction to review the decision of the Commissioner made on 10 September 2021. These are my reasons for making that order.