Malik v Commissioner of Police, NSW Police Force [2024] NSWCATOD 22

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Malik v Commissioner of Police, NSW Police Force [2024] NSWCATOD 22 Hearing dates: 19 February 2024 Date of orders: 4 March 2024 Decision date: 04 March 2024 Jurisdiction: Occupational Division Before: J D Little, Senior Member Decision: 1. Pursuant to s 55(4)(b) of the Administrative Disputes Review Act 1997 (NSW), the Tribunal will deal with the Applicant's application for the administrative review of the decision to revoke her Category 1AC Security Licence made on 7 August 2023. 2. The decision the subject of this review is affirmed. Catchwords: ADMINISTRATIVE LAW – Security Industry Act - administrative review of decision to revoke the Applicant's security licence – Mandatory revocation Legislation Cited: Administrative Disputes Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Security Industry Act 1997 (NSW) Security Industry Regulations 2016 (NSW) Cases Cited: Sawires v Commissioner of Police [2010] NSWADTAP 68 Category: Principal judgment Parties: Shaista Qadeer Malik (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Proctor Willaws Solicitors (PW Lawyers) (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/00289057 Publication restriction: NIL

REASONS FOR DECISION 1. On 8 September 2023, Ms Malik (the Applicant) seeks review of a decision to revoke the Applicant's Class 1ACE security licence in accordance with sections 26(1A) and 16(1)(b) of the Security Industry Act 1997 (NSW) (Security Act) as well as classes 15(1A) and 15(1)(d) of the Security Industry Regulation 2016 (NSW) (Security Regulations) 2. The Applicant was issued a Category 1ACE security licence (the Licence) on 21 June 2019. 3. The Applicant applied for a renewal of the Licence on 7 August 2022. The Licence expired on 20 August 2023.