Toleafoa -v- Commissioner of Police, NSW Police Service [1999] NSWADT 42

Set aside by Appeal : Set aside by appeal on 18/11/1999 - Remitted back to Tribunal

CITATION: Toleafoa -v- Commissioner of Police, NSW Police Service [1999] NSWADT 42 decision revised on: 07/01/1999

DIVISION: General

APPLICANT: Gauta Toleafoa

RESPONDENT: Commissioner of Police, NSW Police Service

FILE NUMBER: 993041

HEARING DATES: 05/28/1999

SUBMISSIONS CLOSED: 05/28/1999

DATE OF DECISION: 28 May 1999

R Bartley - Judicial Member BEFORE:

PRIMARY LEGISLATION: Security Industry Act 1997

APPLICATION: Review of a decision to refuse to issue a security industry licence -

MATTER FOR DECISION: Principal matter

Applicant: L Carr of counsel REPRESENTATION: Respondent: N Marsic, solicitor

ORDERS: 1. Application granted.

Background (This background does not form part of the Decision)

The application for review relates to the refusal by the respondent of the applicant's application for a Class One Security Licence under the Security Industry Act 1997.

Section 15(1)(a) provides that the Commissioner "must refuse" to grant an application if a person is "not a fit and proper person" to hold the class of licence sought. Section 15(3) provides that the Commissioner "may refuse" to grant an application if he consider that it "would be contrary to the public interest"

In the present case, the refusal was based on each of these grounds. Under the old licensing scheme the applicant had successfully appealed to the Local Court against a refusal based on not being a fit and proper person. The relevant statute, the Security (Protection) Industry Act 1985, did not include an additional ground equivalent to section 15(3) of the current Act. The Local Court appeal under the old Act was heard at Newcastle before Mr Morahan magistrate on 11 August 1997 the appeal was upheld and the licence granted.