Constantin v Commissioner of Police, NSW Police Force [2012] NSWADT 172

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Constantin v Commissioner of Police, NSW Police Force [2012] NSWADT 172 Hearing dates: 5 June 2012 and 2 July 2012 Decision date: 23 August 2012 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision under review is affirmed Catchwords: Category H firearms licence; alleged false statements in application for a Queensland licence considered as grounds for decision in respect of NSW licence; alleged reliance on advice of training course provider; serious criminal offences several years ago and significant period of non-offending; whether fit and proper person; whether contrary to public interest Legislation Cited: Sections 3, 11 and 16A Firearms Act 1996 NSW Cases Cited: Cusumano v Commissioner of Police, NSW Police Service [2001] NSWADT 50; Pobjie v Commissioner for Fair Trading, NSW Office of Fair Trading (No 2) [2008] NSWADT 39 (1 February 2008.); DP v Commissioner of Police, New South Wales Police [2007] NSWADT 27; Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Category: Principal judgment Parties: Nicholas Constantin, Applicant Commissioner of Police, Respondent Representation: A Brownlee (Applicant, agent) Sparke Helmore Lawyers (Respondent) File Number(s): 123077

REASONS FOR DECISION

Background 1The Applicant, Nicholas Constantin, has applied for review of the decision of the Respondent, the Commissioner of Police, to refuse the Applicant's application for a category H firearms licence (genuine reason of sport target shooting). 2The Applicant was issued with a Probationary Pistol licence on 12 August 2010, to expire on 7 October 2011. On 21 July 2011 the Applicant lodged the application for a Category H firearms licence and the application was refused on 29 November 2011. On 27 February 2012, on internal review, the decision to refuse the application was affirmed. The Applicant currently holds a Class 4A (unarmed guard) and Class 4C (crowd control) Security Licence issued by the New South Wales Police Force Security Industry Registry. 3The Applicant is employed by Special Protection Services Pty Ltd (SPS) to conduct unarmed security activities, and specific duties include leading a team of "roving" security guards in patrolling the streets within the Kings Cross district, Sydney. The team is commonly known as the "Kings Cross Rapid Response Security Team". The Respondent in the internal review decision notes "that your work within the security industry Kings Cross has been conducted professionally and without incident." The Applicant's wife is the Master Security Licence Holder for SPS and the Applicant is listed as a Close Associate of the Master Licence holder as defined in s5(1) of the Security Industry Act 1997. 4On 30 May 2011 the Applicant applied to the Queensland Police Service Weapons Licensing Registry (Qld Police) to be issued with a firearms licence for the genuine reason of employment as an armed security guard. The Respondent states that in the application to Qld Police the Applicant failed to declare his past criminal history and gave a false residential address. 5The Respondent decided that the Applicant was not a fit and proper person to be issued with a firearms licence and also decided that it was against the public interest for the Applicant to be granted the licence. The Respondent refused the application for the Category H firearms licence and the Applicant seeks review of that decision by the Tribunal.