NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: White v Commissioner of Police, NSW Police Force [2024] NSWCATOD 146 Hearing dates: On the papers Date of orders: 13 September 2024 Decision date: 13 September 2024 Jurisdiction: Occupational Division Before: P H Molony, Senior Member Decision: (1) An oral hearing is dispensed with. (2) The decision of the Commissioner made 11 June 2024 is set aside. (3) The decision is remitted to the Commissioner for reconsideration in accordance with these reasons within 28 days. Catchwords: ADMINISTRATIVE LAW - Security Industry Act 1997 (NSW) – application for security industry licence – mandatory refusal – whether conviction for perjury under s 703 of the Criminal Code 2002 (ACT) is a conviction for an "offence involving dishonesty or fraud" – the offence of perjury under s 703 of the Criminal Code 2002 (ACT) does not necessarily require proof dishonesty or fraud. WORDS AND PHRASES - "an offence involving fraud, dishonesty or stealing" Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Crimes Act 1900 (NSW) Criminal Code 2002 (ACT) Criminal Code 1995 (Cth) Crimes (Sentencing) Act 2005 (ACT) Civil and Administrative Tribunal Act 2013 (NSW) Security Industry Act 1997 (NSW) Security Industry Regulation 2016 (NSW) Cases Cited: Barber v Law Society of NSW (No 2) [2001] NSWSC 361 Farah v Director General, Department of Finance and Services [2013] NSWADT 197 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Joyce v Commissioner of Police, NSW Police Service [2000] NSWADTAP 17 Murabito v Commissioner for Fair Trading (No 2) [2020] NSWCATAP 155 Nguyen v Commissioner of Police, New South Wales Police Force 2018] NSWCATAD 242 RTA v Sharp Towing Pty Ltd [2008] NSWADTAP 49 Texts Cited: Victorian Law Reform Commission, Recklessness Report, February 2024 Category: Principal judgment Parties: Scott John White (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Applicant – Self-Represented Respondent – Office of the General Council, NSW Police Force File Number(s): 2024/00225761 Publication restriction: None
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