XY -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 145

CITATION: XY -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 145 revised - 29/08/2006 DIVISION: General Division APPLICANT PARTIES: XY RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013174 HEARING DATES: 23/08/01 SUBMISSIONS CLOSED: 08/23/2001 DATE OF DECISION: 09/06/2001

BEFORE: Higgins S - Judicial Member APPLICATION: Security Industry Act - security industry licence - revocation or suspension of licence - Security industry licence - revocation or suspension of licence MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Crimes Act 1900 Security Industry Act 1997 Security Industry Regulation 1998 CASES CITED: Krezeminski -v- Commissioner of Police, NSW Police Service [2001] NSW ADT 103 Betkoshabeh -v- Minister for Immigration and Multicultural Affairs (1998) 84 FCR 463 APPLICANT REPRESENTATION: In person RESPONDENT D Paterson, solicitor ORDERS: That the decision of the Commissioner of Police to revoke Mr XY's class 1A, 1B and 1C licence is set aside.

Introduction 1 On 16 July 2001, Mr XY applied to the Tribunal pursuant to s.29(a) of the Security Industry Act, 1997 ("the Act") and s.42 of the Administrative Decisions Tribunal Act, 1997 for a review of the decision of the Commissioner of Police ("the Commissioner") to revoke his licence under the Act. The grounds for the revocation were that Mr XY was found guilty of a charge of assault with no conviction recorded. He was not considered a fit and proper person to hold a security licence and it was not considered to be in the public interest for him to hold a security licence. 2 At the time of filing his application to the Tribunal, Mr XY also made an application for an urgent stay of the Commissioner's decision. That stay was granted on 18 July 2001 and was subsequently extended to 26 August 2001, the date his licence expired. Although, in some respects, this application is academic in that Mr XY's licence has expired it remains of relevance, should he make a new application for a licence.