Waddell -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 144

CITATION: Waddell -v- Commissioner of Police, New South Wales Police Service [2000] NSWADT 144 DIVISION: General Division APPLICANT James McBeath Waddell PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003214 HEARING DATES: 12/09/2000 SUBMISSIONS CLOSED: 09/12/2000 DATE OF DECISION: 10/16/2000

BEFORE: Hennessy N (Deputy President) APPLICATION: Security Industry Act - security industry licence -grant of licence - Security industry licence - grant of licence MATTER FOR DECISION: Preliminary matter on scope of Tribunal's fact finding powers LEGISLATION CITED : Security Industry Act 1997 Blair v Curran (1939) 62 CLR 464 Tedeschi v Legal Services Commissioner (1997) 43 NSWLR 20 Re Kevin and Minister for Capital Territory (1979) 37 FLR 1 CASES CITED: Casey v Repatriation Commission (1995) 60 FCR 510 Saffron v Federal Commissioner of Taxation (No 2) (1991) 102 ALR 19 at 22.) Ridley v Secretary, Department of Social Security ((1993) 113 ALR 655 The Taxpayer v The Commissioner of Taxation (No. NT 95/8 AAT No. 11407) APPLICANT REPRESENTATION: D Jackson, solicitor RESPONDENT D Godwin, barrister ORDERS: 1. The principle of issue estoppel, based on the acquittal of the applicant of criminal charges by the District Court, does not apply to prevent either party raising any issue of fact or law in these proceedings; 2. Transcripts of the applicant's evidence before the Independent Commission Against Corruption are not admissible as evidence in these proceedings.