Hamdan v Commissioner of Police, NSW Police Force [2012] NSWADT 52

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Hamdan v Commissioner of Police, NSW Police Force [2012] NSWADT 52 Hearing dates: 10 February 2012 Decision date: 23 March 2012 Jurisdiction: General Division Before: P H Molony, Judicial Member Decision: The Tribunal affirms the decision revoke Mr Hamdan's Class 1 AC licence under the Security Industry Act 1997. Catchwords: Security Industry - fit and proper person Legislation Cited: Security Industry Act 1997 Liquor Act 2007 Crimes Act 1900 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 589 Commissioner of Police v Toleafoa ([1999] NSWADTAP 9 Haining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 LJ v Commissioner of Police [2003] NSWADT 230 Mercer v Commissioner of Police (GD) [2005] NSWADTAP 55 R v Katarzynski [2002] NSWSC 613; (2002) 9 Crim LN 54 [1445] Category: Principal judgment Parties: Fawzy Hamdan (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Hanna Legal (Applicant) NSW Police Force - J Tillot (Respondent, agent) File Number(s): 113223

REASONS FOR DECISION 1[GENERAL DIVISION, (P. H. Molony, Judicial Member)] Mr Hamdan is the holder of Class 1AC licence under the Security Industry Act 1997 (the SI Act). 2On 17 October 2010, shortly after 2am, in the course of his duties as a crowd controller at Fusions Night Club, Cronulla, Mr Hamdan was involved in an incident in which it is alleged he assaulted a male patron, who was seeking to gain readmission to the club. The club is a "licensed premises" under the Liquor Act 2007. 3As a result of that incident the patron lost consciousness and suffered injuries to his face and lips. He was taken by ambulance to hospital where he was treated and subsequently discharged. 4Two CCTV cameras recorded the incident giving rise to the allegations of assault. The recordings are visual only: there is no sound. 5Mr Hamdan has always maintained that the patron was abusive, intoxicated and quarrelsome, and refused a direction the he remove himself from the vicinity of the licensed premises. He has also consistently asserted that in his physical confrontation with the patron he was acting in self-defence, having reasonable grounds to fear for his own safety as a result of the patron's behaviour. 6On 21 July 2011 Mr Hamdan was charged with assault occasioning actual bodily harm and common assault of the patron. 7On 1 August 2011 the Commissioner determined to revoke Mr Hamdan class 1AC licence under the SI Act on public interest grounds. 8Mr Hamdan subsequently sought to review that decision in this Tribunal and sought an urgent stay of the decision revoking his class1AC licence. On 18 August 2011 a stay was granted. 9On 16 December 2011 the criminal charges against Mr Hamdan were withdrawn and a Local Court Magistrate dismissed them accordingly. The Commissioner says that the charges were withdrawn because the patron had gone overseas for 18 months and was not available to give evidence. 10On 10 February 2012 the review of the decision to revoke Mr Hamdan's class 1AC came before me. At the conclusion of the hearing I reserved my decision.