Sharma v Commissioner of Police, New South Wales Police Force [2017] NSWCATOD 46

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sharma v Commissioner of Police, New South Wales Police Force [2017] NSWCATOD 46 Hearing dates: 16 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Occupational Division Before: Emeritus Prof G Walker, Senior Member Decision: Decision under review set aside. Catchwords: SECURITY INDUSTRY – revocation of security guard licence – fit and proper person – public interest – common purpose – self-defence. Legislation Cited: Administrative Decisions Review Act 1997; Civil and Administrative Review Act 2013; Crimes Act 1900; Security Industry Act 1997; Security Industry Regulation 2016. Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 94 ALR 11; Comalco Aluminium (Bell Bay) Ltd v O'Connor [1995] 131 ALR 657; Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9; Esterman v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Feuerstein v Commissioner of Police, New South Wales Police [2007] NSWADT 114; Haining v Commissioner of Police, New South Wales Police Service [1999] NSWADT 6; Hughes and Vale Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Ibrahim v Commissioner of Police, New South Wales Police Service [2009] NSWADT 245; IJ v Commissioner of Police, New South Wales Police Service [2003] NSWADT 230; Sobey v Commercial and Private Agents' Board (1979) 22 SASR 70. Category: Principal judgment Parties: Prabhat Sharma (Applicant) Commissioner of Police, New South Wales Police Force (Respondent) Representation: Solicitors: C Vassiliou (Applicant) Smythe Wozniak (Respondent) File Number(s): 2016/00378817