Commissoner of Police, New South Wales Police Service -v- Krzeminski [2002] NSWADTAP 3

Appeal Panel

CITATION: Commissoner of Police, New South Wales Police Service -v- Krzeminski [2002] NSWADTAP 3 revised - 21/01/2002 APPELLANT PARTIES: Commissoner of Police, New South Wales Police Service RESPONDENT Dean Krzeminski FILE NUMBER: 019038 HEARING DATES: 13/09/2001 SUBMISSIONS CLOSED: 01/02/2002 DATE OF DECISION: 01/17/2002

Krzeminski -v- Commissioner of Police, New South Wales Police Sevice [2001] NSW ADT 103 DECISION UNDER APPEAL: BEFORE: Hennessy N (Deputy President); Montgomery S - Judicial Member; Bolt M - Member CATCHWORDS: leave to extend to the merits - statutory interpretation MATTER FOR DECISION: Principal matter FILE NUMBER UNDER APPEAL: 003320 DATE OF DECISION UNDER APPEAL: 06/22/2001 Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Security Industry Act 1997 Security Industry Regulation 1998 Betkhoshabeh v Minister for Immigration and Multicultural Affairs (1998) 84 FCR 463 CASES CITED: Collector of Customs v Agfa-Gevaert Limited (1996) 186 CLR Collector of Customs v Pozzolanic (1993) FCR 280 K & S Lake City Freighters Pty Ltd v Gordon & Gotch Ltd (1985) 60 ALR 509 APPELLANT REPRESENTATION: G Hoare, barrister RESPONDENT In person ORDERS: 1. The decision of the Tribunal is set aside.; 2. Leave is not granted for the appeal to extend to a review of the merits of the appealable decision; 3. The matter is remitted to a differently constituted Tribunal to determine the question of whether the offences for which Mr Krzeminski has been convicted constitute "serious assault offences" in accordance with the reasoning in this decision. Each party should be given the opportunity to make written or oral submissions on this issue..