Vlahos v Commissioner of Police, NSW Police Force [2019] NSWCATOD 113

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vlahos v Commissioner of Police, NSW Police Force [2019] NSWCATOD 113 Hearing dates: 20 May 2019 Date of orders: 20 May 2019 Decision date: 20 May 2019 Jurisdiction: Occupational Division Before: A Scahill, Senior Member Decision: Decision of the Respondent is affirmed Catchwords: Security Industry Act and regulations – prescribed offences – conviction within 10 years – mandatory revocation of licence Legislation Cited: Administrative Decisions Review Act 1997 Drug Misuse and Trafficking Act 1985 Road Transport Act 2013 Security Industry Act 1997 Security Industry Regulation 2016 Cases Cited: Bourke and Ors v The New South Wales Commissioner of Police [1998] ADT Commissioner of Police v Wilson and Anor, Court of Appeal, 29 July 1994, (unreported) Texts Cited: Nil Category: Principal judgment Parties: Omelio Vlahos (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: O Vlahos (Applicant self-represented) T Grey (Respondent) File Number(s): 2019/00053506 Publication restriction: N/A

REASONS FOR DECISION 1. Mr Vlahos applied for review of a decision by the Security Industry Registry of the NSW Police Force to revoke Mr Vlahos' Class 1AC security licence. The licence was issued on 3 March 2014 under the Security Industry Act 1997 ("SIA"). The decision to revoke the licence was made on 13 December 2018. 2. The reason for the decision to revoke Mr Vlahos' licence was that Mr Vlahos had been convicted on 12 December 2018 at Hornsby Court NSW of the offence of drive vehicle with an illicit drug present in blood, first offence – Section 111(1)(A) of the Road Transport Act 2013. The Respondent revoked Mr Vlahos' licence because it was required to do so as Mr Vlahos had been convicted of an offence which was prescribed by the Regulations to the SIA. 3. Mr Vlahos sought review of this decision in the Tribunal. The Tribunal affirmed the decision to revoke Mr Vlahos' licence at the hearing on 20 May 2019. Mr Vlahos then requested that the Tribunal provide written reasons for its decision. The following sets out the reasons for the Tribunal's decision to affirm the decision to revoke Mr Vlahos' security licence.