Habib v Commissioner of Police NSW Police Force [2015] NSWCATOD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Habib v Commissioner of Police NSW Police Force [2015] NSWCATOD 48 Hearing dates: 12 February 2015 Decision date: 26 May 2015 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. The decision under review is set aside. Catchwords: Security Industry Act 1997 – Refusal to grant licence - Fit and proper person – alleged conduct – evidence – onus of proof – weight of evidence Legislation Cited: Security Industry Act 1997 Security Industry Regulation 2007 Cases Cited: Jones v Dunkel (1959) 101 CLR 298 Payne v Parker [1976] 1 NSWLR 191 AVS Group Australia Limited v Commissioner of Police, NSW Police Force [2012] NSW ADT 1 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Turner v Minister for Immigration and Ethnic Affairs [1981] FCA 65; (1981) 35 ALR 388 at 390 Re Repatriation Commission and McCartney (1986) 9 ALD 441 at 449; Esterman v Commissioner of Police NSW Police Force [2014] NSWCATOD 70 Category: Principal judgment Parties: Shadi Habib (Applicant) Commissioner of Police NSW Police Force – (Respondent) Representation: Counsel: P. Barham (Applicant) Solicitors: Nyman Gibson Miralis Lawyers (Applicant) Office of General Counsel NSW (Respondent) File Number(s): 1420303 Publication restriction: Pursuant to section 29 (3) of the Security Industry Act 1997 paragraphs 75-80 inclusive are not for publication