Court -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 169

CITATION: Court -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 169 DIVISION: General Division APPLICANT Shane Court PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003287 HEARING DATES: 16/11/2000 SUBMISSIONS CLOSED: 11/16/2000 DATE OF DECISION: 11/22/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: Security Industry Act - security industry licence - revocation or suspension of licence - Security industry licence - revocation or suspension of licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Security Industry Act 1997 CASES CITED: Botros v Commissioner of Police [2000]NSWADT 6 Price v Commissioner of Police [2000] NSW ADT 127 APPLICANT REPRESENTATION: T McGill, barrister RESPONDENT J Tunks, solicitor ORDERS: The decision to revoke the applicant's Class 1 security industry licence is set aside.

Introduction 1 Mr Court has had a security industry licence for about 10 years. A Class 1A licence was re-issued on 29 September 1998 for 5 years. At the beginning of March 1999 Mr Court went to the Dapto Markets and purchased a car radio and a hydraulic jack for $150.00. After he took the radio to his local garage to have it fitted, he was contacted by police and charged with "goods in custody." The Local Court in Wollongong found the charge proved and proceeded under s 556A of the Crimes Act 1900. Mr Court was given a recognisance in the sum of $500 to be of good behaviour for 12 months. He appealed to the District Court against this decision. The appeal was an "all grounds" appeal where the judge decides the matter again on the basis of the transcript in the Local Court. The District Court found Mr Court guilty of the offence but directed that the charge be dismissed under s 10 of the Crimes (Sentencing Procedure) Act 1999. 2 On 31 August 1999 Mr Court was served with a Notification of Revocation of Licence of his Masters licence and his Class 1A security licence. Mr Court applied to the Tribunal on 21 August 2000 for a review of the decision to revoke his Class 1A security licence. 3 In the Statement of Reasons provided to Mr Court on 27 September 2000, the Commissioner relied on three grounds for revoking his licence. In summary these grounds were that: · pursuant to s 26(1)(c) of the Security Industry Act 1997 (the Act), the Commissioner is of the opinion that Mr Court is no longer a fit and proper person to hold a licence; · pursuant to Cl 18 of the Security Industry Regulation 1998, (the Regulations) the Commissioner considers that it is not in the public interest for Mr Court to hold a licence; · pursuant to s 26(1)(a) of the Act the Commissioner may revoke a licence for any reason for which the licensee would be required to be refused a licence of that class. 4 At the hearing of this matter, Mr Tunks indicated that he would not be relying on the first two grounds listed above. Legislation 5 Under section 26(1) of the Act: A licence may be revoked: (a) for any reason for which the licensee would be required to be refused a licence of that class. 6 Under s 16(1)(b) of the Act, the Commissioner must refuse to grant an application for a licence if he is satisfied that the applicant: (b) has, within the period of 5 years before the application for the licence was made, been found guilty (but with no conviction being recorded) by a court in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law. 7 Both parties agreed and I find, that Mr Court has been convicted of such an offence, namely the offence prescribed by Cl 11(d) of the Regulations: An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is (had the offence been committed under the law of an Australian jurisdiction) imprisonment for 3 months or more.