Monjed v Commissioner of Police, NSW Police Force [2019] NSWCATOD 197

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Monjed v Commissioner of Police, NSW Police Force [2019] NSWCATOD 197 Hearing dates: 8 August 2018; 12 November 2018 Date of orders: 13 February 2019 Decision date: 13 February 2019 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: The decision to refuse to grant Rashad Monjed's application for a Commercial Agent and Private Inquiry Agent Probationary Operator licence is affirmed. Catchwords: Administrative Law – Commercial Agents and Private Inquiry Agents Act – application for operator licence – application by former police officer – fit and proper –contrary to the public interest. Legislation Cited: Commercial Agents and Private Inquiry Agents Act 2004 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33 Blissett v Commissioner of Police, New South Wales Police; Webb Protection Australia Ply Ltd v Commissioner of Police, New South Wales Police [2006] NSWADT 114 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Ex Parte Tziniolis (1966) 67 SR (NSW) 448 Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Sobey v Commercial and Private Agents Board 20 SASR 70 Texts Cited: Nil Category: Principal judgment Parties: Rashad Monjed (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: M Seck (Respondent)