PSG Security Group Pty Ltd v Commissioner of Police, NSW Police Force; ERA Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: PSG Security Group Pty Ltd v Commissioner of Police, NSW Police Force; ERA Security Group Pty Ltd v Commissioner of Police, NSW Police Force [2022] NSWCATOD 164 Hearing dates: 12 September 2022 Date of orders: 9 December 2022 Decision date: 09 December 2022 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: 1. The Tribunal determines to deal with the applications even though the applicants have not duly applied for an internal review, pursuant to s 55(4) of the Administrative Decisions Review Act 1997. 2. The decision under review is affirmed. 3. The parties are to file and serve any submissions on costs within 14 days of this decision being published. The parties are to indicate in their submissions whether they seek to be heard or whether they consider that the Tribunal may determine the matter without a hearing pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013. Catchwords: LICENSING – Security Industry Act – Security Industry Regulation - security licence – revocation - close associate – application to corporations – supply false or misleading material - knowledge ADMINISTRATIVE LAW – Application for review by the Tribunal – Decision by Commissioner of Police to revoke licences – Tribunal's task to determine what was the correct and preferable decision – whether the Tribunal is constrained to only determine the matter based on the reasons given by the Commissioner of Police at the time of its decision, or whether the Tribunal should determine the correct and preferable decision as at the time of its own decision Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Interpretation Act 1987 (NSW) Security Industry Act 1997 (NSW) Security Industry Regulation 2016 Cases Cited: Aerolink Air Services Pty Ltd v Civil Aviation Safety Authority [2003] AATA 1357 Avilion Group Pty Ltd v Commissioner of Police [2010] NSWCA 275 Banerjee v Commissioner of Police [2018] NSWCA 283; (2018) 98 NSWLR 730 Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Commissioner of Police v Sleiman & AVS Group of Companies Pty Ltd & Ors [2011] NSWCA 21; (2011) 78 NSWLR 340 Coulthart v Commissioner of Police, NSW Police Force [2016] NSWCATAD 297 Frugtniet v Administrative Decisions Tribunal (Appeal Panel) [2005] NSWCA 257 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368; (2014) 88 NSWLR 159 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16 [2019] FCA 2033 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v CPJ16; [2020] FCAFC 87; (2020) 276 FCR 1 O'Neill v Commissioner of Police, NSW Police Force [2005] NSWADT 130 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 Sydney Local Health Network v QY and QZ [2011] NSWCA 412; (2011) 83 NSWLR 32 Thiess v Collector of Customs [2014] HCA 12; (2014) 250 CLR 664 ZTAL v Minister for Immigration and Border Protection [2017] HCA 34; (2017) 262 CLR 362 Category: Principal judgment Parties: Proceedings 2022/00194998 PSG Security Group Pty Ltd (Applicant) Commissioner of Police, NSW Police Force (Respondent)