Azzi v NSW Police Force [2016] NSWCATOD 47

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Azzi v NSW Police Force [2016] NSWCATOD 47 Hearing dates: 18 January 2016 Date of orders: 20 April 2016 Decision date: 20 April 2016 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: The Tribunal affirms the decision of the Commissioner of Police, New South Wales Police to refuse the Applicant's security industry licences 1EF2ABD Catchwords: Not in the public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 Commercial Agents and Private Inquiry Agents Act 2004 Evidence Act 1995 Security Industry Act 1997 Cases Cited: Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Drake v Minister of Immigration and Ethnic Affairs (1970) 2 ALD 60 Feuerstein v Commissioner of Police, NSW Police [2007] NSWADT 114 IJ v Commissioner of Police, New South Wales Police Service [2003] NSWADT 23 Toleafoa v Commissioner of Police [1999] NSWADT 9. Category: Principal judgment Parties: Michael Azzi (Applicant) NSW Police Force (Respondent) Representation: Solicitors: Michael Azzi (Applicant in person) Bartier Perry (Respondent) File Number(s): 1520193

Reasons for decision 1. This matter is an application by Mr Michael Azzi for the Tribunal to review a decision made on internal review by the Respondent on 18th of September 2015. The decision was to refuse him a class 1EF2ABD security licence under the provisions of the Security Industry Act 1997 (SIA). Mr Azzi's application was refused by the Commissioner on the basis that he did not hold prescribed competencies and experience approved by the Commissioner. Further he had not provided information and particulars as required by the Commissioner in respect of the application and the Commissioner determined that the information provided by him in his application was false or misleading in a material particular. 2. Mr Azzi made his application on 23rd of March 2015 to the security licensing and enforcement directorate (SLED) to add subclasses 1EF2ABD to his existing class 1AC security licence which expired on 20th of December 2015. 3. The Tribunal notes that category 1E relates to monitoring centre operator; 1F relates to armed guard; 2A relates to security consultant; 2B relates to security seller and 2D relates to security trainer. Mr Azzi's previous licence 1A relates to unarmed guard and 1C to crowd controller. 4. On 25 March 2015 the SLED wrote to Mr Azzi requesting further documents and information from him to be provided by 15 April 2015. 5. Mr Azzi provided the SLED with correspondence which included a resume on the 9 July 2015. The Respondent alleges that there was information in the documents provided on 9 July 2015 by Mr Azzi which contradicted previous information held on the government licensing system in relation to Mr Azzi. 6. On 25 August 2015 the Respondent notified Mr Azzi that he was refused a grant of licence 1EF2ABD for a number of reasons set out in the SIA and Regulations. * The Respondent was not satisfied that he held the prescribed competencies and experience in respect of the class of licence sought. * The Respondent was not satisfied that he had provided such other information and particulars as required by the Commissioner in respect of the application; and * The Respondent was satisfied that the information provided in his current application was false or misleading. 1. On 1 September 2015 Mr Azzi sought internal review of the decision to refuse him the additional class 1EF2ABD licence. Mr Azzi's application was refused on internal review on 18 September 2015. Mr Azzi lodged his application for review in the Tribunal on 30 September 2015.