Pike -v- Commissioner of Police, NSW Police Service [1999] NSWADT 5

CITATION: Pike -v- Commissioner of Police, NSW Police Service [1999] NSWADT 5

DIVISION: General

APPLICANT: Wayne Richard Pike

RESPONDENT: Commissioner of Police, NSW Police Service

FILE NUMBER: 983033

HEARING DATES: 13/01/99

SUBMISSIONS CLOSED: 13/01/99

DATE OF DECISION: 1 March 1999

K P O'Connor DCJ - President BEFORE:

PRIMARY LEGISLATION: Security Industry Act 1997

APPLICATION: Review of refusal of licence -

MATTER FOR DECISION: Principal matter

Applicant: G Thomas, Harrison the Lawyers REPRESENTATION: Respondent: G Doherty, Commissioner of Police

ORDERS: 1. Application dismissed.

1 The applicant, Wayne Richard Pike, has applied for review under s.29 of the Security Industry Act 1997 ('the Act') for review of a decision of the Commissioner of Police to refuse his application for a licence under that Act. The licence application was refused pursuant to s.16 of the Act, as amplified by cl.11 of the Security Industry Regulation 1998 ('the Regulation').

2 The applicant did not contest the evidence of the Commissioner that he had a criminal history which fell within the parameters of cl.11, i.e. two convictions imposed at the Downing Centre Local Court on 28 February 1992, one for supplying a prohibited drug (cannabis leaf), the other having goods in custody suspected of being stolen. He was fined $500 in respect of the first offence, and $200 in respect of the second. Under the scheme the Commissioner is obliged to refuse an application if the applicant has been convicted of any offence in the last ten years which falls into prescribed categories. The first offence fell into the prescribed category of "an offence in respect of a prohibited drug (within the meaning of the Drug Misuse and Trafficking Act 1985)"; and the second into the prescribed category of "an offence … involving fraud, dishonesty or stealing, being an offence in respect of which the maximum penalty is … imprisonment for 3 months or more": see Regulation cl. 11(d).