Sekers v Commissioner of Police, NSW Police Force [2012] NSWADT 54

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Sekers v Commissioner of Police, NSW Police Force [2012] NSWADT 54 Hearing dates: 26 October 2011 Decision date: 26 March 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision to refuse the Applicant's application is affirmed. Legislation Cited: Administrative Decisions Tribunal Act 1997 Security Industry Act 1997 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Haining v Commissioner of Police [1999] NSWADT 6 O'Neill v Commissioner of Police, NSW Police [2005] NSWADT 130 Category: Principal judgment Parties: Daniel Sekers (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: D Sekers (Applicant) Commissioner of Police, NSW Police Force (Respondent) File Number(s): 113200

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant applied to the Respondent for the issue of a class 1ACF 2ABDEF security licence under the Security Industry Act 1997 ("the Act"). A delegate of the Commissioner of Police refused the application. The basis for the refusal was that it was considered that the Applicant had not been engaged in the security activities authorised by his previous Class 1 security licence for a significant period. 2The Applicant applied for an internal review of that decision. The internal review application was refused under section 15(2)(c)(ii) of the Act on the same basis as the original refusal. 3The Applicant lodged an application with the Tribunal for external review of the decision.