Martins-Gonzalez v Commissioner of Police, NSW Police Force [2020] NSWCATOD 167

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Martins-Gonzalez v Commissioner of Police, NSW Police Force [2020] NSWCATOD 167 Hearing dates: 10 December 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The decision under review is affirmed. Catchwords: Security licence – whether offence related to a "weapon" - mandatory revocation Legislation Cited: Security Industry Act 1997 Security Industry Regulation 2016 Summary Offences Act 1988 Summary Offences Regulation 2015 Cases Cited: Farah v Director, Department of Finance and Services [2014] NSWCATAP23 Feurstein v Commissioner of Police [2007] NSWADT 114 Haynes v Commissioner of Police [2001] NSWADT 52 Luk v Commissioner of Police, NSW Police [2019] NSWCATAP 23 Texts Cited: None cited Category: Principal judgment Parties: Hans Martins-Gonzalez (Applicant) Commissioner of Police NSW Police Force (Respondent) Representation: Applicant (Self Represented) Office of General Counsel (Respondent) File Number(s): 2019/00351727 Publication restriction: Nil

REASONS FOR DECISION

Background 1. The Applicant, Hans Martins-Gonzalez was issued with a Class 1ACE security licence under the Security Industry Act 1997 (the Act) on 28 October 2014. On 10 October 2019 that licence was revoked on the basis of a finding that on 8 June 2018, the Applicant had been found guilty, with no conviction recorded, of an offence under s 11C(1) of the Summary Offences Act 1988. The revocation decision was affirmed on internal review. 2. On 8 November 2019 the Applicant applied to the Tribunal for administrative review of the revocation decision, and also for an order under s 60 of the Administrative Decisions Review Act 1997 (the ADR Act), seeking an interim order that "the licence is reinstated and valid". The application for an order under s 60 of the ADR Act was subsequently refused by Principal Member Pearson.