Sydney Training Academy Pty Ltd v Commissioner of Police, NSW Police Force; Abughazaleh v Commissioner of Police, NSW Police Force [2017] NSWCATOD 176

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sydney Training Academy Pty Ltd v Commissioner of Police, NSW Police Force; Abughazaleh v Commissioner of Police, NSW Police Force [2017] NSWCATOD 176 Hearing dates: 15 May 2017 and 15 August 2017 Date of orders: 06 December 2017 Decision date: 06 December 2017 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's decision is affirmed.

(2) If any party seeks costs, leave is granted to file and serve a short written submission on that issue within 14 days of the date of this decision.

(3) Leave is granted for the other party or parties to file and serve a short written submission in reply within a further 14 days.

(4) Submissions should address the question of whether the Tribunal should dispense with a hearing on the issue of costs, pursuant to s 50 of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE LAW – Security Industry – Where applicants provided training to New South Wales residents to obtain Queensland licences with a view to obtaining New South Wales licences under mutual recognition legislation – Where respondent revoked individual's security licence and corporation's master licence –Whether individual had breached licence conditions – Whether individual a fit and proper person to hold a licence

CONSTITUTIONAL LAW – Where corporate applicant was a registered training organisation under federal legislation – Where applicants claimed that security training was provided under federal Act - Whether Security Industry Act 1997 (NSW) inconsistent with National Vocational Education and Training Regulator Act 2011 (Cth) Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Commonwealth of Australia Constitution Act (Cth) Judiciary Act 1903 (Cth) Mutual Recognition (New South Wales) Act 1992 (NSW) Mutual Recognition Act 1992 (Cth) National Vocational Education and Training Regulator Act 2011 (Cth) Security Industry Act 1997 (NSW) Security Industry Amendment (Regulation of Training Organisations) Act 2015 (NSW) Security Industry Regulation 2007 (NSW) (repealed) Security Industry Regulation 2016 (NSW) Vocational Education and Training (Commonwealth Powers) Act 2010 (NSW) Cases Cited: Ahmed v Commissioner of Police, NSW Police Force [2017] NSWCATAD 73 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Brandusoiu v Commissioner of Police, NSW Police Force [2011] NSWADT 57 Burns v Corbett; Gaynor v Burns [2017] NSWCA 3; (2017) 316 FLR 448 Haining v Commissioner of Police, NSW Police Service (1999) NSWADT 6 Hughes and Vale Pty Ltd v New South Wales (No 2) (1955) 93 CLR 127 IJ v Commissioner of Police, NSW Police Force [2003] NSWADT 230 Naylor v Commissioner of Police, NSW Police Force [2014] NSWCATOD 43 Sunol v Collier (2012) 81 NSWLR 619 University of Wollongong v Metwally (1984) 158 CLR 447 Category: Principal judgment Parties: Sydney Training Academy Pty Ltd (Applicant 2016/00384875) Mahmoud Abughazaleh (Applicant 2016/00384879) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: Mr Carney (Applicants) P Herzfeld (Respondent in both matters in relation to the Constitutional issue)