Murrant v Commissioner of Police, NSW Police Force [2017] NSWCATOD 115

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Murrant v Commissioner of Police, NSW Police Force [2017] NSWCATOD 115 Hearing dates: 13 December 2016 and 24 February 2017 Date of orders: 26 July 2017 Decision date: 26 July 2017 Jurisdiction: Occupational Division Before: S Leal, Senior member Decision: (1) The decision of the Commissioner for Police on 26 July 2016 to refuse to grant the applicant a Commercial Agent and Private Inquiry Agent Operator licence is set aside.

(2) In its place, the decision is made that the licence is granted. Catchwords: Commercial Agents and Private Inquiry Agents Act – application for operator licence - Police Integrity Commission - whether criminal conviction spent – whether disqualified person – fit and proper – not contrary to the public interest. Legislation Cited: Administrative Decisions Review Act 1997 Commercial Agents and Private Inquiry Agents Act 2004 Commercial Agents and Private Inquiry Agents Regulation 2006 Criminal Records Act 1991 Police Integrity Commission Act 1996 Security Industry Act 1997 Cases Cited: A Solicitor v Council of the Law Society of NSW [2004] HCA 1Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33 Blissett v Commissioner of Police, New South Wales Police; Webb Protection Australia Pty Ltd v Commissioner of Police, New South Wales Police [2006] NSWADT 114 Brandusoiu v Commissioner of Police, NSW Police Force (GD) [2011] NSWADTAP 47 Bydon v General Manager, Motor Vehicle Repair Industry Authority [2003] NSWADT 248 Comalco Aluminium (Bell Bay) Ltd v O'Connor and Others (1995) 131 ALR 657 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; (1991) 1 VR 63 Furlong v Commissioner of Police, New South Wales Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Ivanovski v Roads and Maritime Services [2017] NSWCATOD 78 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Re Lenehan [1948] HCA 45; Sobey v Commercial and Private Agents Board 20 SASR 70 Sudath v Health Care Complaints Commission [2012] NSWCA 171 (13 June 2012) Z v Director General, Department of Transport [2000] NSWADT 87 Category: Principal judgment Parties: Peter Jon Murrant (Applicant) Commissioner for Police, NSW Police Force (Respondent) Representation: Solicitor In Person (Applicant) C Campbell (Respondent) File Number(s): 2016/00378769