Winika v Commissioner of Police, New South Wales Police Service [2001] NSWADT 8

CITATION: Winika v Commissioner of Police, New South Wales Police Service [2001] NSWADT 8 DIVISION: General Division APPLICANT PARTIES: Charles Winika RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003317 HEARING DATES: 27/11/2000 SUBMISSIONS CLOSED: 11/27/2000 DATE OF DECISION: 01/31/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Security Industry Act - security industry licence -grant of licence - Security industry licence - grant of licence MATTER FOR DECISION: Principal matter Social Security Act 1991 (Cth) LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Security Industry Act 1997 Security Industry Regulation 1998 CASES CITED: REPRESENTATION: No appearance J Tunks, solicitor ORDERS: 1. The decision to refuse the applicant's application for a security industry licence is affirmed

Introduction 1 This matter was listed for hearing on 27 November 2000. Mr Winika did not appear and at approximately 10.20 the hearing commenced in his absence. Later in the morning, after the hearing had finished, Mr Winika contacted the Tribunal and advised that he was withdrawing his application. As the matter had already been heard, it was too late for Mr Winika to withdraw it. Below I have set out short reasons for my decision. 2 The respondent refused Mr Winika's application for a Class 1 ABC licence under the Security Industry Act 1997 (the Act). The reason for the refusal was that Mr Winika had been convicted of offences under the Social Security Act 1991 (Cth).