TCB Security Professionals Pty Ltd v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: TCB Security Professionals Pty Ltd v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 3 Hearing dates: 16 December 2016 Date of orders: 04 January 2017 Decision date: 04 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G Walker, Senior Member Decision: Decision under review affirmed. Catchwords: WEAPONS PROHIBITION -ballistic vest – security company providing close personal protection – whether body armour necessary for the conduct of the business – police media policy – no police legal duty to protect particular individuals – hypothetical risks insufficient.

WORDS AND PHRASES – "necessary". Legislation Cited: Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Firearms Act 1996; Weapons Prohibition Act 1998. Cases Cited: Fairfax Digital Australia and NZ Pty Ltd v Ibrahim [2012] NSWCCA 125; French v Commissioner of Police, New South Wales Police Force (CoP) [2013] NSWADT 221; Hill v Chief Constable of West Yorkshire [1987] UKHL 12, [1989] AC 55; Michael v Chief Constable of South Wales Police [2015] UKSC 2; Osborne v CoP [2000] NSWADTAP 10; Riss v City of New York (1968) 22 NY2d 275; 240 NE2d 265; Robinson v CoP [2007] NSWADT 218; Thomas v Mowbray [2007] HCA 33; Warren v District of Columbia 444 A2d 1 (DC C of A 1981). Category: Principal judgment Parties: TCB Security Professionals Pty Ltd (applicant) Commissioner of Police, New South Wales Police Force (respondent) Representation: Nl Walters, (by leave, in person as CEO of the Applicant)