Arida v Commissioner of Police [2020] NSWCATOD 168

Arida v Commissioner of Police [2020] NSWCATOD 168

While the applicant is a fit and proper person to hold a security licence, it is not in the public interest for him to hold a master security licence due to his inadequate performance of security responsibilities at a large festival, which fell significantly short of best practice and posed risks to public safety, despite no finding of statutory breach or deficiency of character. The applicant's Class 1AC security licence should be reinstated, as the public interest does not preclude him holding a licence under supervision.

Parties
Applicant: John Arida; Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
21 January 2020
Procedural Posture
Occupational Licence Review / Merits Review Final Decision
Outcome
Mixed - licence revocation affirmed for master licence; reinstatement ordered for Class 1AC licence
Legal Topics
Security Licensing, Fit and Proper Person, Public Interest, Discretion to Revoke Occupational Licence
Administrative Law Occupational Regulation Security Licensing Fit and Proper Person Public Interest Discretion to Revoke Occupational Licence

Case Brief

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Parties

John Arida

Applicant

Commissioner of Police

Respondent

Procedural Posture

Occupational Licence Review / Merits Review Final Decision

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to hold a security licence under the Security Industry Act 1997
  2. 2 Whether it is in the public interest for the applicant to hold a master security licence or a Class 1AC security licence

Ratio Decidendi

While the applicant is a fit and proper person to hold a security licence, it is not in the public interest for him to hold a master security licence due to his inadequate performance of security responsibilities at a large festival, which fell significantly short of best practice and posed risks to public safety, despite no finding of statutory breach or deficiency of character. The applicant's Class 1AC security licence should be reinstated, as the public interest does not preclude him holding a licence under supervision.

Court Disposition

Mixed - licence revocation affirmed for master licence; reinstatement ordered for Class 1AC licence

Orders

  • The decision to revoke the Applicant's master security licence is affirmed.
  • The decision to revoke the Applicant's 1AC security licence is set aside and the Respondent is to re-instate the Applicant's Class 1AC security licence.