Johnson -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 185

CITATION: Johnson -v- Commissioner of Police, New South Wales Police Service [2001] NSWADT 185 DIVISION: General Division APPLICANT PARTIES: Aaron Johnson RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 013124 HEARING DATES: 05/11/2001 SUBMISSIONS CLOSED: 11/05/2001 DATE OF DECISION: 11/06/2001

BEFORE: Hennessy N (Deputy President) 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 : Firearms Act 1996 Security Industry Act 1997 Security Industry Regulation 1998 CASES CITED: He Kaw Teh v The Queen (1985) 157 CLR 523 APPLICANT REPRESENTATION: P Conaghan, solicitor RESPONDENT C Capper, advocate ORDERS: The Commissioner's decision to revoke Mr Johnson's security industry licence is set aside.

Introduction 1 Mr Johnson has had a licence under the Security Industry Act 1997 (the Act) since 1991. Prior to his licence being revoked by the Commissioner of Police (the Commissioner) he had a Class 1A, 1B and 1C licence which expired on 10 June 2004. 2 The Commissioner revoked Mr Johnson's security industry licence on 28 March 2001 on the grounds that he was no longer a fit and proper person to hold a security licence and that it is not in the public interest for him to hold such a licence.