Sauturaga v Commissioner of Police, NSW Police Force [2019] NSWCATOD 114

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sauturaga v Commissioner of Police, NSW Police Force [2019] NSWCATOD 114 Hearing dates: 10 December 2018 Date of orders: 15 July 2019 Decision date: 15 July 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: (1) The stay order made on 22 November 2018 is revoked. (2) The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – occupational licensing – security licence – mandatory refusal – whether regulation invalid – no compelling reasons to examine validity – meaning of "in relation to" in s 16(1)(a) of the Act Legislation Cited: Security Industry Act 1997 Security Industry Regulation 2007 Security Industry Regulation 2016 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41; (2009) 239 CLR 27 Attorney-General for New South Wales v Gatsby [2018] NSWCA 254 Bourke & Ors v NSW Commissioner of Police [1998] ADT Doyle v Commissioner of Police [1999] NSWADT 84 Lokondo v Commissioner of Police [2017] NSWCATAP 137 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Category: Principal judgment Parties: Bainivalu Sauturaga (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: M Zeigler (Applicant) H El-Hage (Respondent)

Solicitors: Kalpaxis Legal (Applicant) Office of General Counsel, NSW Police Force (Respondent) File Number(s): 2018/00352792