Hutt v Commissioner of Police, NSW Police [2009] NSWADT 19

CITATION: Hutt v Commissioner of Police, NSW Police [2009] NSWADT 19

DIVISION: General Division

APPLICANT Annamaire Hutt PARTIES: RESPONDENT Commissioner of Police, NSW Police

FILE NUMBER: 083148

HEARING DATES: 24 June 2008

SUBMISSIONS CLOSED: 4 July 2008

EXTEMPORE DECISION DATE: 27 January 2009 BEFORE: Montgomery S - Judicial Member

CATCHWORDS: Security Industry Act - security industry licence -grant of licence - Application for provision of particulars

LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Security Industry Act 1997

CASES CITED: Commissioner of Police v Gray [2008] NSWSC 414

APPLICANT M Bateman, barrister REPRESENTATION: RESPONDENT G De Courcey, solicitor

1. The Applicant's application for orders that the Commissioner is to provide her with the particulars of any alleged conduct or other matters that the Commissioner says supports the contention that the Applicant is not a fit and proper person to hold a security licence is granted 2. Within 28 days of the date of these orders, the Commissioner is to advise both the Applicant and the Tribunal whether or not he seeks to withdraw his reliance upon the material that he has put before the Tribunal on a confidential basis ORDERS: 3. If the Commissioner proposes to continue to rely on the material that he has put before the Tribunal on a confidential basis, he is to provide the Applicant with the particulars of (a) the time at which, place at which and manner in which it is alleged that the conduct, that the Commissioner says supports the contention that the Applicant is not a fit and proper person to hold a security licence, took place; and/or (b) the other matter or matters that the Commissioner says supports the contention that the Applicant is not a fit and proper person to hold a security licence.Those particulars are to be provided within 35 days of the date of these orders 4. The matter is set down for further directions on 9 March 2009 at 10.00 am.