Jacobs v Commissioner of Police, New South Wales Police Service [2003] NSWADT 180

Set aside by Appeal :

CITATION: Jacobs v Commissioner of Police, New South Wales Police Service [2003] NSWADT 180 revised - 5/08/2003 DIVISION: General Division APPLICANT PARTIES: Kevin George Jacobs RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 023285 HEARING DATES: 10/04/2003 and 24/07/2003 SUBMISSIONS CLOSED: 07/24/2003 DATE OF DECISION: 07/31/2003

BEFORE: Higgins S - Judicial Member APPLICATION: Security Industry Act - security industry licence -grant of licence - Security industry licence - grant of licence MATTER FOR DECISION: Principal Administrative Decisions Tribunal Act 1997 Child Protection (Prohibited Employment) Act 1998 LEGISLATION CITED : Crimes Act 1900 Criminal Code Act 1899 (QLD) Security Industry Act 1997 Security Industry Regulation 1998 R v L (1991) 174 CLR 379 at 401 Collins v Wilcock [1984] 1 WLR 1172 CASES CITED: Collins supra and R v Phillips [1971] ALR 740 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at [63] Hughes and Vale Pty Ltd v State of New South Wales (1955) 93 CLR 127 at 156 APPLICANT A Healey, barrister - 10 April 2003 REPRESENTATION: K Thompson, barrister - Submissions V Bost, solicitor - 24 July 2003 RESPONDENT C Capper, agent ORDERS: 1. The decision by the Commissioner to refuse Mr Jacobs his application for a class 1B and C security industry licence is affirmed.; 2. The decision by the Commissioner to refuse Mr Jacobs his application for a class 1A licence is set aside and in substitution thereof a decision that Mr Jacobs be issued with a class 1A licence subject to the condition that he is authorised to work as a control room operator in the offices of All Points Security