Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6

CITATION: Haining v Commissioner of Police, NSW Police Service [1999] NSWADT 6

DIVISION: General

APPLICANT: Alan Mark Haining

RESPONDENT: Commissioner of Police, NSW Police Service

FILE NUMBER: 983003

HEARING DATES: 17/12/98

SUBMISSIONS CLOSED: 02/03/99

DATE OF DECISION: 2 March 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Security Industry Act 1997

APPLICATION: Refusal of licence -

MATTER FOR DECISION: Principal matter

Applicant: B Niven of Counsel REPRESENTATION: Respondent: G Doherty, Solicitor, Commissoner of Police

1. Set aside the decisions made by the delegate of the Commissioner of Police dated 29 October 1998 refusing the applicant's application for a Master Licence and for a Class 1 Licence under the Security Industry Act 1997; and ORDERS: 2. Substitute the Tribunal's decision that a Master Licence and a Class 1 Licence be granted to the applicant effective from the date of refusal; and in relation to s. 88 of the Tribunal Act: 3. No order as to costs is made.

1 This is an appeal against a decision by the Commissioner of Police ('the administrator') refusing a security industry licence application made under the Security Industry Act 1997 ('the Act') by Alan Mark Haining ('the applicant'). The appeal is brought pursuant to s.29 of the Act. The powers exerciseable by this Tribunal in relation to the appeal are set out in Chapter 5, Part 3 of the Administrative Decisions Tribunal Act 1997 ('the Tribunal Act'). 2 Security Industry Licensing: The Act provides for the grant of three classes of licence: a master licence, a class 1 licence and a class 2 licence. Licences are valid for five years or for such shorter period as may be prescribed: s.24. At the time of the applicant's applications (21 August 1998), a five year period applied in respect of both the master licence and the class 1 licence. (Regulations which took effect on 20 November 1998 limit the period of operation of class 1 and class 2 licences to one year: see Security Industry Regulation 1998 ('the Regulation') cl.6A.) 3 Section 10 deals with the master licence. Section 11 deals with class 1 licences. The relevant provisions follow: