Arida v Commissioner of Police [2020] NSWCATOD 168

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Arida v Commissioner of Police [2020] NSWCATOD 168 Hearing dates: 23 December 2019 Date of orders: 21 January 2020 Decision date: 21 January 2020 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: (1) The decision to revoke the Applicant's master security licence is affirmed. (2) The decision to revoke the Applicant's 1AC security licence is set aside and the Respondent is to re-instate the Applicant's Class 1AC security licence. Catchwords: SECURITY LICENCE – revocation – fit and proper person – public interest – discretion – master licence – additional responsibilities Legislation Cited: Administrative Decisions Review Act 1997 Security Industry Act 1997 Cases Cited: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 94 ALR 11 Blisset v Commissioner of Police, New South Wales Police Force [2006] NSWADT 114 Bottomley v Commissioner of Police [2005] NSWADT 211 Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9 Cook v Commissioner of Police, New South Wales Police Service [2003] NSWADT 30 Farquharson v Director-General, Department of Transport [1999] NSWADT 53 Feuerstein v Commissioner of Police, New South Wales Police Force [2007] NSWADT 114 Haining v Commissioner of Police, New South Wales Police Service [1999] NSWADT 6 Hill v Commissioner of Police, New South Wales Police Service [2002] NSWADT 218 Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 Ibrahim v Commissioner of Police, New South Wales Police Force [2009] NSWADT 245 IJ v Commissioner of Police, New South Wales Police Force [2003] NSWADT 230 Infarinato v Commissioner of Police, New South Wales Police Force [2004] NSWADT 43 Jones v Dunkel (1959) 101 CLR 298 O'Neill v Commissioner of Police, New South Wales Police Service [2005] NSWADT 130 O'Sullivan v Farrer [1989] HCA 61; (1989) 168 CLR 210 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70. Texts Cited: None cited Category: Principal judgment Parties: John Arida (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Kedron Legal (Applicant) Office of General Counsel, NSW Police Force (Respondent) File Number(s): 2019/00251295 Publication restriction: Nil