Khwaunju v Commissioner of Police, NSW Police Force [2023] NSWCATOD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khwaunju v Commissioner of Police, NSW Police Force [2023] NSWCATOD 80 Hearing dates: Determined on the papers Date of orders: 13 June 2023 Decision date: 13 June 2023 Jurisdiction: Occupational Division Before: S E Frost, Senior Member Decision: The decision under review is affirmed. Catchwords: OCCUPATIONS – Other occupations – Security industry worker – revocation of licence – offence involving dishonesty Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Security Industry Act 1997 (NSW) Security Industry Regulation 2016 (NSW) Cases Cited: Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Colbron v The Queen [2022] NSWDC 370 Texts Cited: None cited Category: Principal judgment Parties: Bhupendra Man Khwaunju (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Gondwana Lawyers Pty Ltd (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2023/00023455 Publication restriction: No restriction

REASONS FOR DECISION

Summary 1. The Applicant was first licensed as a security industry worker in New South Wales in 2016. He had his security licence revoked by the regulator (the Commissioner) in October 2022 after he pleaded guilty to a charge, under s 547B of the Crimes Act 1900 (NSW), of 'false representation resulting in police investigation'. An internal review upheld the revocation decision, and the Applicant has now applied to this Tribunal for administrative review. 2. I have concluded that the decision to revoke the Applicant's security licence was, and remains, the correct decision. That decision is affirmed, for the reasons that follow.