DWE v Commissioner of Police [2021] NSWCATOD 19

DWE v Commissioner of Police [2021] NSWCATOD 19

Given the seriousness of the Applicant's criminal conduct, lack of demonstrated rehabilitation, absence of insight or responsibility, and evidence of dishonesty, it is not in the public interest for the Applicant to continue to hold a security licence. The Applicant is not a fit and proper person to hold a security licence, and the Tribunal affirms the revocation.

Jurisdiction
Australia
Judgment Date
11 February 2021
Procedural Posture
Administrative Review / Final Determination at Tribunal
Outcome
The decision under review is affirmed.
Legal Topics
['security Licences' 'fit and Proper Person' 'public Interest' 'criminal Offences' 'honesty' 'discrimination']
['administrative Law' 'occupational Licensing'] ['security Licences' 'fit and Proper Person' 'public Interest' 'criminal Offences' 'honesty' 'discrimination']

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Procedural Posture

Administrative Review / Final Determination at Tribunal

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to hold a security licence under the Security Industry Act 1997' 'Whether it is in the public interest for the applicant to continue to hold a security licence' 'Whether the Tribunal should affirm the revocation of the applicant’s security licences']

Ratio Decidendi

Given the seriousness of the Applicant's criminal conduct, lack of demonstrated rehabilitation, absence of insight or responsibility, and evidence of dishonesty, it is not in the public interest for the Applicant to continue to hold a security licence. The Applicant is not a fit and proper person to hold a security licence, and the Tribunal affirms the revocation.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']