AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391

AVS Group of Companies Pty Ltd v Commissioner of Police [2009] NSWSC 1391

Section 29(3) of the Security Industry Act 1997 operates to prevent the Tribunal from directing or facilitating the disclosure of the existence or content of criminal intelligence reports or information to applicants whose security licence has been revoked on the 'fit and proper person' ground. This impliedly repeals or limits the effect of s 58(2) of the Administrative Decisions Tribunal Act 1997 to the extent of inconsistency. The distinction between obligations arising on application for review and before, or between revocation and refusal to grant, does not alter this legal position. As such, the Tribunal is not empowered to make orders requiring the Commissioner to provide the...

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Appeal / Judgment on Appeal and on Amended Summons
Outcome
Appeal dismissed; amended summons dismissed; costs ordered against plaintiffs.
Legal Topics
['administrative Tribunals' 'administrative Decisions Tribunal (nsw)' 'appeal Against Refusal of Leave by Appeal Panel' 'revocation of Licences Under Security Industry Act' 'confidential Police Intelligence' 'duty of Disclosure by Commissioner of Police' 'tribunal Disclosure of Intelligence Information' 'effect of S 29(3) Security Industry Act 1997 on ADT Act' 'implied Repeal' 'mandamus and Internal Review Procedures']
['administrative Law'] ['administrative Tribunals' 'administrative Decisions Tribunal (nsw)' 'appeal Against Refusal of Leave by Appeal Panel' 'revocation of Licences Under Security Industry Act' 'confidential Police Intelligence' 'duty of Disclosure by Commissioner of Police' 'tribunal Disclosure of Intelligence Information' 'effect of S 29(3) Security Industry Act 1997 on ADT Act' 'implied Repeal' 'mandamus and Internal Review Procedures']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal and on Amended Summons

Legal Issues

  1. 1 ['Whether s 29(3) of Security Industry Act 1997 limits or exempts the Commissioner of Police from providing adequate reasons under ADT Act ss 49 and 58 when revoking a licence based on confidential intelligence' 'Whether the Tribunal or Commissioner can be compelled (by mandamus or otherwise) to provide to applicants a statement of reasons compliant with s 49(3) where disclosure would reveal protected criminal intelligence' 'Whether s 15(7) of Security Industry Act applies only to refusals to grant a licence, or also to revocations']

Ratio Decidendi

Section 29(3) of the Security Industry Act 1997 operates to prevent the Tribunal from directing or facilitating the disclosure of the existence or content of criminal intelligence reports or information to applicants whose security licence has been revoked on the 'fit and proper person' ground. This impliedly repeals or limits the effect of s 58(2) of the Administrative Decisions Tribunal Act 1997 to the extent of inconsistency. The distinction between obligations arising on application for review and before, or between revocation and refusal to grant, does not alter this legal position. As such, the Tribunal is not empowered to make orders requiring the Commissioner to provide the...

Court Disposition

Appeal dismissed; amended summons dismissed; costs ordered against plaintiffs.

Orders

  • ['The appeal is dismissed.' 'The Amended Summons is otherwise dismissed.' "The Plaintiffs are to pay the First Defendant's costs of the proceedings."]