Manda -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 13

CITATION: Manda -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 13 revised - 13-Nov-2001 DIVISION: General Division APPLICANT PARTIES: Sorin Manda RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003131; 003337 HEARING DATES: 26/07/2000, 11/09/2000, 29/01/2001 SUBMISSIONS CLOSED: 01/29/2001 DATE OF DECISION: 02/05/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - issue of licence or permit - Firearms licence - issue of licence or permit - Security Industry Act - security industry licence - revocation or suspension of licence - Security industry licence - revocation or suspension of licence MATTER FOR DECISION: Principal matter Firearms Act 1996 LEGISLATION CITED : Security Industry Act 1997 Security Industry Regulation 1998 CASES CITED: Ward v Commissioner of Police [2000] NSWADT 28 Commissioner of Police v Toleafoa ([1999] NSWADTAP 9 APPLICANT REPRESENTATION: In person RESPONDENT J Tunks, solicitor ORDERS: 1. The decision of the Commissioner to refuse Mr Manda's application for a Category H Firearms licence is affirmed; 2. The decision of the Commissioner to revoke Mr Manda's Class 1 ABC security industry licence is affirmed.

1 Mr Manda has applied to the Tribunal to review two decisions made by the Commissioner of Police. The first decision was to refuse his application for a Category H firearms licence on the ground that it was contrary to the public interest. A Category H licence is for pistols, including blank fire pistols and air pistols. The second decision was to revoke Mr Manda's Class 1 ABC security industry licence on the grounds that he is not a fit and proper person to hold such a licence and it is contrary to the public interest for him to do so. Under section 11 of the Security Industry Act 1997 (the Security Industry Act), a Class 1A licence authorises the licensee to patrol, guard, watch or protect property, a Class 1B licence authorises the licensee to act as a bodyguard, and a Class 1C licence authorises the licensee to act as a crowd controller or bouncer. 2 Mr Manda applied for a Category H licence on 13 December 1999 and gave "security guard" as the genuine reason he required the licence. The application was refused. The decision to refuse the licence was affirmed after an internal review. 3 Mr Manda's Class 1ABC security licence was issued on 27 April 2000 and was due to expire on 27 April 2001. The Commissioner suspended the licence on 10 July 2000 and revoked it on 15 August 2000. 4 In brief, the Commissioner's submission was that Mr Manda should not hold a firearms licence or a security industry licence. That opinion was based on a conviction for offensive language and a belief that Mr Manda has a mental illness. Mr Tunks' primary submission was that these factors mean that it would be contrary to the public interest for Mr Manda to hold either a firearms licence or a security industry licence. 5 The firearms matter was heard on 26 July 2000, 11 September 2000 and 30 January 2001. The security industry matter was heard on 30 January 2001. These reasons relate to both matters.