Flood v Commissioner of Police, NSW Police Force [2011] NSWADT 88

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Flood v Commissioner of Police, NSW Police Force [2011] NSWADT 88 Hearing dates: 3 November 2010 Decision date: 04 May 2011 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: 1. The decision under review is set aside 2. The matter is remitted for reconsideration by the Commissioner with the recommendation that the licence be reinstated if the Commissioner is satisfied that the Applicant's qualifications and certification are current and meet the legislative requirements for the grant of the licence. Catchwords: Security Industry Act - security industry licence - revocation of licence Legislation Cited: Administrative Decisions Tribunal Act 1997 Security Industry Act 1997 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Ors (1995) 131 ALR 657 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Director of Public Prosecutions v Smith (1991) 1 VR 63 Haining v Commissioner of Police [1999] NSWADT 6. O'Neill v Commissioner of Police, NSW Police [2005] NSWADT 130 Category: Principal judgment Parties: David Allan Flood (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: M Manwaring (Applicant) C Zoppo (Respondent) File Number(s): 103003

Judgment 1The Applicant worked as a security officer at various licensed premises in Orange N.S.W. He was the holder of a Class 1 ABC 2ABD licence issued under the Security Industry Act 1997 ("the Act"). He was issued with his initial security licence in June 1999 and a Class 1ABC 2ABD security licence in August 2007. That licence was due to expire in August 2012. 2Following an incident ("the incident") between the Applicant and a patron of The Standard Hotel ("the hotel") in Orange in the early morning of 7 December 2007 the Applicant was charged with "Manslaughter" and "Recklessly cause grievous bodily harm". It was alleged that the Applicant caused the death of the patron, Michael Edward Bouffler or otherwise recklessly occasioned grievous bodily harm to him. 3The Commissioner revoked the Applicant's licence on the grounds that it was not in the public interest that he continues to hold a security licence. 4In November 2009 the Applicant was found not guilty with respect to each of the charges brought against him. 5Following the jury's verdicts the Applicant sought an internal review of the decision to revoke his security licence. The Commissioner's delegate affirmed the decision to revoke the Applicant's licence. The Applicant filed an application with the Tribunal seeking external review of the Commissioner's decision.