Sawires v Commissioner of Police [2010] NSWADTAP 68

Appeal Panel - Internal

CITATION: Sawires v Commissioner of Police [2010] NSWADTAP 68

APPELLANT Emad Sawires PARTIES: RESPONDENT Commissioner of Police, NSW Police Force

FILE NUMBER: 109014

HEARING DATES: 18 June 2010

SUBMISSIONS CLOSED: 18 June 2010

DATE OF DECISION: 22 October 2010

BEFORE: Hennessy N - Magistrate (Deputy President)

CATCHWORDS: LEAVE TO APPEAL OUT OF TIME –merit of appeal and utility of hearing appeal

DECISION UNDER APPEAL: Sawires v Commissioner of Police [2010] NSWADT 4

FILE NUMBER UNDER APPEAL: 083090

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

CASES CITED: Lupevo Pty Ltd t/a Ampol Nabiac v Bree [2002] NSWADTAP 9 BE v University of Technology Sydney (GD) [2009] NSWADTAP 22

APPELLANT In person REPRESENTATION: RESPONDENT C Zoppo, solicitor

ORDERS: The Appeal Panel does not allow further time for Mr Sawires to lodge an appeal.

REASONS FOR DECISION

Introduction

1 Mr Sawires has applied for the Appeal Panel to accept his appeal even though it was lodged 17 days late. A late appeal may proceed if the Appeal Panel grants leave: Administrative Decisions Tribunal Act 1997 (ADT Act), 113(3)(b). I have decided not to grant leave even though Mr Sawires has provided an explanation for filing the appeal late. The reason for refusing leave are that the appeal has no merit and, in any case, will have no practical effect. The decision appealed against is a decision of the Tribunal to affirm the decision of the Commissioner of Police to revoke Mr Sawires' security licence. The appeal will have no practical effect because even it the licence had not been revoked, it has now expired.