Zaitoune v Commissioner of Police, NSW Police Force [2023] NSWCATOD 193

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zaitoune v Commissioner of Police, NSW Police Force [2023] NSWCATOD 193 Hearing dates: 21 November 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member Decision: 1. The application for a stay is refused. 2. The proceedings are listed for directions with a date to be fixed by the registry. Catchwords: STAY – administrative review – pending criminal proceeding - just and convenient that ordinary rights of administrative review should not be interfered with – public interest – secrecy provisions – s58 Administrative Decisions Review Act 1997 Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Criminal Code Act 1995 Security Industry Act 1997 Cases Cited: Franken v NSW Land and Housing Corporation (2016) NSWCATAP 154 McMahon v Gould (1982) 7 ACLR 202 Texts Cited: None cited Category: Procedural rulings Parties: John Zaitoune (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Elliott Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00307257 Publication restriction: Nil

REASONS FOR DECISION 1. By application dated 5 October 2023, the Commissioner of Police, NSW Police Force ('the Commissioner') seeks a stay of the Applicant's, Mr John Zaitoune application for administrative review of a decision made by the Commissioner on 19 September 2022. The substantive application relates to the Commissioner revoking the security licence of the Applicant on that date. That decision was following a request for an internal review of the Commissioner's initial decision made on 9 September 2022 and varied on 12 September 2022. The request for an internal review of the first decision is in accordance with the provisions of the Administrative Decisions Review Act 1997 (ADR Act).