Gabriel v Commissioner of Police, NSW Police Force [2018] NSWCATOD 69

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gabriel v Commissioner of Police, NSW Police Force [2018] NSWCATOD 69 Hearing dates: 30 April 2018 Date of orders: 14 May 2018 Decision date: 14 May 2018 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: 1. The applicant's application for an extension of time to lodge an application for review is granted. 2. The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Security industry licence – revocation – approach to construction of Regulation - whether finding of guilt as required by Regulation – meaning of "involving intimidation" – mandatory disqualification. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 Crimes Act 1914 (Cth) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Code Act 1995 (Cth) Security Industries Regulation 2016 Security Industry Act 1997 (NSW) Cases Cited: Barber v Law Society of NSW (No 2) [2001] NSWSC 361 Bourke & Ors v The New South Wales Commissioner of Police [1998] ADT Farah v Director-General, Department of Finance and Services [2014] NSWCATAP 23 Feuerstein v Commissioner of Police, NSW Police [2007] NSWADT 114 Project Blue Sky v The Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Texts Cited: Macquarie Dictionary Oxford Dictionary of Law, 6th Edition Category: Principal judgment Parties: Alan Gabriel (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Boyle Associates (Applicant) Office of the General Counsel, NSW Police Force (Respondent) File Number(s): 2018/00035628