Coulthart v Commissioner of Police, NSW Police Force [2016] NSWCATOD 169

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Coulthart v Commissioner of Police, NSW Police Force [2016] NSWCATOD 169 Hearing dates: 15 November 2016 Date of orders: 22 December 2016 Decision date: 22 December 2016 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: SECURITY INDUSTRY – refusal to grant Corporation Master Security Licence – close associate – whether concerned in the management of a corporation when administrator appointed – whether took all reasonable steps to avoid administration – failure by General Manager to take any steps to ascertain financial position Legislation Cited: Security Industry Act 1997 Security Industry Regulation 2016 Cases Cited: Corporate Affairs Commission v Bracht (1988) 14 ACLR 728 Cullen v Corporate Affairs Commission (NSW) (1988) 14 ACLR 789 Category: Principal judgment Parties: Bryan Coulthart (Applicant) Commissioner of Police (Respondent) Representation: Solicitors: Churchill Lawyers (Applicant) Lindsay Taylor Lawyers(Respondent) File Number(s): 1620164

REASONS FOR DECISION 1. This is an application by Mr Bryan Coulthart for review of a decision by the Commissioner of Police to refuse an application by Shire Security Pty Ltd for a Corporation Master Security Licence under the Security Industry Act 1997 (the Act). The application was refused on 14 April 2016, a decision which was affirmed on 7 June 2016 on internal review. Mr Coulthart was named in the application as a nominated person and close associate involved in the day to day conduct of the security activities of Shire Security Pty Ltd.