Krab v Commissioner of Police, NSW Police Service [1999] NSWADT 29

CITATION: Krab v Commissioner of Police, NSW Police Service [1999] NSWADT 29

DIVISION: General

APPLICANT: Kerren Ann Krab

RESPONDENT: Commissioner of Police, NSW Police Service

FILE NUMBER: 983043

HEARING DATES: 03/09/1999

SUBMISSIONS CLOSED: 03/09/1999

DATE OF DECISION: 5 May 1999

Judge K P O'Connor - President BEFORE:

PRIMARY LEGISLATION: Security Industry Act 1997

APPLICATION: Review of refusal of licence -

MATTER FOR DECISION: Whether prescribed ground

Applicant: L N Dunn, Solicitor REPRESENTATION: Respondent: N Marsic, Solicitor

ORDERS: 1. Application dismissed.

1 The Commissioner of Police ('the administrator') is obliged to refuse to grant a licence under the Security Industry Act 1997 ('the Act') where the applicant has a conviction for an offence which falls within a category prescribed by the Security Industry Regulation 1998 ('the regulation') and has been imposed within 10 years prior before the application: see generally as to the scheme Bourke v Commissioner of Police , General Divison, 17 December 1998, unreported.

2 The applicant's sole ground of appeal is that the offence upon which the administrator relies does not fall within one of the prescribed categories giving rise to mandatory refusal.

3 By notice dated 14 December 1999 confirmed by a further notice dated 4 January 1999 following an internal review, the administrator refused to grant Ms Krab ('the applicant') a licence on the ground that she had been convicted within the last ten years of the offence of 'possession of a pipe used in connection with the smoking of a dangerous drug'. The offence arose under Queensland law, and the conviction was imposed by the Brisbane Local Court on 12 July 1989. (The administrator's original notice of refusal also relied on a different type of conviction recorded in 1991 but that ground was abandoned by the administrator prior to the hearing.)