Vaporis v Commissioner of Police, NSW Police Force [2012] NSWADT 61

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Vaporis v Commissioner of Police, NSW Police Force [2012] NSWADT 61 Hearing dates: 26 October 2011 Decision date: 05 April 2012 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision to refuse the Applicant's application for a Class 1F security licence is affirmed. Catchwords: Refusal of Class 1F security licence, significant period, provisional licensing system 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 Sekers v Commissioner of Police, NSW Police Force [2012] NSWADT 54 Category: Principal judgment Parties: Steven Vaporis (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: S Vaporis (Applicant in person) C Tipene (Respondent) File Number(s): 113182

REasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): The Applicant applied to the Respondent for a class 1F security licence to be added to his current class 1ABC licence under the Security Industry Act 1997 ("the Act"). A Class 1F security licence authorises the licensee to patrol, protect, watch or guard approved classes of property while armed but only under the authority of a licence or permit to use or possess firearms under the Firearms Act 1996. 2A delegate of the Commissioner of Police refused the application. The basis for the refusal was that it was considered that the Applicant has not been engaged in the relevant security activities for a significant period and it was also considered that to grant this licence would be contrary to the public interest. 3The 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. 4The Applicant lodged an application with the Tribunal for external review of the decision.