Ridler-Dutton v Commissioner of Police, NSW Police [2012] NSWADT 57

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Ridler-Dutton v Commissioner of Police, NSW Police [2012] NSWADT 57 Hearing dates: 28 November, 21 December 2011 Decision date: 28 March 2012 Jurisdiction: General Division Before: S Frost, Judicial Member Decision: Set aside the decision under review; decide instead that a class 1F security licence is to be granted to the Applicant. Catchwords: Security industry - armed guard activities - discretion to refuse to grant an application for a licence where a previously licensed applicant has not been engaged in the relevant activity for a significant period - factors to be taken into account in the exercise of the discretion Legislation Cited: Security Industry Act 1997 Category: Principal judgment Parties: Glen Ridler-Dutton (Applicant); Commissioner of Police (Respondent) Representation: Counsel C Ronalds SC (Applicant) PCC Lawyers (Applicant) Commissioner of Police, NSW Police Force (Respondent) File Number(s): 113209

reasons for decision 1GENERAL DIVISION (S FROST (JUDICIAL MEMBER)): The Applicant has worked in the security industry for almost 20 years. 2From 1991 to 2004 he lived and worked in New South Wales. During that period he undertook a range of security activities including, for three years from the beginning of 2002 until the end of 2004, armed guard activities. 3In 2005 he relocated to Victoria but in 2010 he returned to New South Wales. He applied for, and in September 2010 was issued with, a class 1ACE security licence in this State, authorising him to carry on the following activities: * class 1A - unarmed guard; * class 1C - crowd controller; * class 1E - monitoring centre operator. * 4In December 2010 he applied for an upgrade of his licence to include the following activities: * class 1B - bodyguard; * class 1F - armed guard. * 5His application was refused, and the refusal was affirmed on internal review. On 28 July 2011 he applied to this Tribunal for review of the refusal decision. 6The Tribunal hearing was conducted on 28 November and 21 December 2011. During the first day of the hearing the respondent Commissioner of Police agreed that the Applicant was entitled to the issue of a class 1B licence on the basis of the Applicant's statement (Exhibit A7, at [2]) that he had "engaged in close personal protection [activities]" between 2005 and late 2009. On the Respondent's undertaking that a class 1B licence would be issued to him, the Applicant withdrew his application for review of the original refusal decision to the extent that it related to the class 1B licence. 7What remains in issue between the parties is the question whether the Respondent should issue a class 1F licence to the Applicant.