Clugston -v- Commissioner of Police [1999] NSWADT 112

CITATION: Clugston -v- Commissioner of Police [1999] NSWADT 112

DIVISION: General

APPLICANT: Bruce Clugston

RESPONDENT: Commissioner of Police

FILE NUMBER: 993084

HEARING DATES: 08/12/1999

SUBMISSIONS CLOSED: 09/15/1999

DATE OF DECISION: 19 November 1999

P M Skinner - Judicial Member BEFORE:

PRIMARY LEGISLATION: Security Industry Act 1997

APPLICATION: Review of a decision to refuse to issue a security industry licence -

MATTER FOR DECISION: Principal matter

Applicant: K Smark of counsel instructed by Macree Scully Karras, Solicitors REPRESENTATION: Respondent: G Doherty, solicitor, NSW Police Service

1. Set aside the decisions made by the delegate of the Commissioner of Police refusing the applicant's application for a Class 1A, a Class 1B and a Class 1C licence under the Security Industry Act 1997. ORDERS: 2. Substitute the Tribunal's decision that a Class 1A, Class 1B and Class 1C licence and be granted to the applicant effective from the date of refusal. 3. No order as to costs is made.

1 This is an application for review of a decision by the respondent refusing the applicant a licence under the Security Industry Act 1997 ('the Act'). Security Industry Licensing 2 The Act provides for the grant by the respondent of three classes of licence to persons working in the security industry: master licences (section 10), class 1 licences (section 11) and class 2 licences (section 12). The class 1 and class 2 licences are divided further into subclasses of licence. 3 Section 13 of the Act sets out those persons who may hold a class 1 or class 2 licence. 4 Section 14 of the Act sets out the procedure for an application. Application for a licence 5 On 28 September 1998 the applicant applied for a class 1 licence covering all three possible subclasses under s 11 of the Act – class 1A, class 1B and class 1C. 6 The application form disclosed that the applicant was employed by Bankstown District Sports Club, sets out the Club's licence number under the Act. There is no issue as to the applicant being eligible under section 13 of the Act to apply for the class 1 licences, nor as to his compliance with the procedure for an application as set out in section 14 of the Act. Refusal by the Commissioner 7 The respondent refused the applicant's application and he was served with a notification of refusal dated 19 January 1999. 8 That notification formally stated that the respondent, through his duly authorised delegate, was of the opinion that the applicant was 'not suitable to hold a licence because you have been involved in corrupt conduct' and referred to s 16(3) of the Act. 9 Section 16(3) is in the following terms: '16 Restrictions on granting licence - criminal and other related history (3) The Commissioner must refuse to grant an application for a licence if the Commissioner is of the opinion that the applicant is not suitable to hold a licence because the applicant has been involved in corrupt conduct.