Khalaf v Commissioner of Police; QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATOD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khalaf v Commissioner of Police; QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATOD 191 Hearing dates: 2 August 2018, last written submissions on 20 August 2018 Date of orders: 28 November 2018 Decision date: 28 November 2018 Jurisdiction: Occupational Division Before: P Durack SC Decision: The Applications for referral of a question of law to the Supreme Court pursuant to s 54(1) of the NCAT Act be dismissed. Catchwords: PROCEDURE –administrative review of decision to revoke security licences under the Security Industry Act 1997 (NSW)- referral of question of law to the Supreme Court – claim that one issue involves consideration of the provisions of the Mutual Recognition Act (C'th) and the application of s 109 of the Constitution – resolution of that one issue will not be determinative –determination of other, unrelated issues may be sufficient to dispose of the proceedings. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Mutual Recognition Act 1992 (C'th) Security Industry Act 1997 (NSW) Cases Cited: Ahmed v Commissioner of Police [2017] NSWCATAD 73 Andriotis v Victorian Building Authority [2018] FCAFC 24 Independent Liquor and Gaming Authority v Auld [2018] NSWCATAP 68 Commissioner of Police v Mohamed [2009] NSWCA 432 Kocic v Commissioner of Police, NSW Police Force [2014] NSWCA 368 Naylor v Commissioner of Police [2014] NSWCATOD 43 Sydney Training Academy Pty Ltd v Commissioner of Police; Abughazaleh v Commissioner of Police [2017] NSWCATOD 176, t, Texts Cited: None Category: Procedural and other rulings Parties: 2017/00272199: Mohamed Khalaf (Applicant) Commissioner of Police, NSW Police Force (Respondent)