STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATAP 370

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATAP 370 Hearing dates: 25 October 2021 Date of orders: 28 October 2021 Decision date: 18 November 2021 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member P H Molony, Senior Member Decision: (1) The appeal is dismissed. (2) Any submissions and evidence in response to the respondent's costs application are to be lodged with the Appeal Registry and given to the respondent within 14 days. (3) Any submissions in reply are to be given to the Appeal Panel and the appellant within 7 days thereafter. (4) Submissions on the application for costs are not to exceed five pages in length. Catchwords: APPEAL – internal appeals - whether dismissal for want of jurisdiction is an ancillary or interlocutory decision of the Tribunal – leave not required to appeal ancillary decision – appeal dismissed ADMINISTRATIVE LAW – Civil and Administrative Tribunal – administrative review - no jurisdiction to review a decision of the Commissioner of Police to revoke an approval of a training organisation under s 27A of the Security Industry Act 1997. Legislation Cited: Acts Interpretation Act 1901 (Cth) Administrative Decisions Review Act 1997 Administrative Decisions Tribunal's Act 1997 (repealed) Civil and Administrative Tribunal Act 2013 Interpretation Act 1987 Security Industry Act 1997 Security Industry Amendment Act 2005 Security Industry Amendment Act 2012 Security Industry Amendment Act 2017 Security Industry Regulation 2016 Cases Cited: AQO v Minister for Finance and Services [2016] NSWCA 248; (2016) 93 NSWLR 46 Australian Education Union v Department of Education and Children's Services [2012] HCA 3 Certain Lloyd's Underwriters v Cross [2012] HCA 56 CIC Insurance Ltd v Bankstown Football Club Ltd [1997] HCA 2; (1997) 187 CLR 384 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police v Fakhouri [2021] NSWCATAP 226 Commissioner of Police, New South Wales Police Force v Fine [2014] NSWCATAP 24 Commissioner of Police, NSW Police Force v Holmes [2021] NSWCATAP 202 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012 ] HCA 55 DHU v Commissioner of Police, NSW Police Service [2018] NSWCATAP 282 Dubow v Mid-Western Regional Council [2019] NSWCATAP 242 Park Trent Properties Group Pty Ltd v Australian Securities and Investments Commission [2016] NSWCA 298 Preston v Commissioner of Fair Trading [2011] NCWCA 40 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v A2 [2019] HCA 35 Saraswati v The Queen [1991] HCA 21 Secretary, New South Wales Department of Communities & Justice; Re 'K;' and 'M' [2021] NSWSC 1314 STAR Training Academy Pty Ltd v Commissioner of Police [2021] NSWCATOD 166 Sydney Seaplanes Pty Ltd v Page [2021] NSWCA 20 Taylor v Commissioner of Police [2006] NSWADT 48 Taylor v The Owners - Strata Plan No 11564 [2014] HCA 9 Uzelac v Commissioner of Police [2004] NSWADT 34 Texts Cited: None cited Category: Principal judgment Parties: STAR Training Academy Pty Ltd – Appellant Commissioner of Police, NSW Police Force – Respondent Representation: Counsel: Ms J Alderson (Appellant) Mr H El Hage (Respondent)