Avilion Group Pty Ltd v Commissioner of Police

Avilion Group Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of the Administrative Decisions Tribunal (ADT) which had revoked its master security licence. The Commissioner of Police was the respondent. The appeal concerned questions of law arising from the ADT's decision.

The primary legal issues before the Court of Appeal were whether the ADT had erred in admitting into evidence a transcript of proceedings from a prior hearing before an improperly constituted Tribunal, and whether clause 29 of the *Security Industry Regulations 2007* was invalid by reason of inconsistency with the *Security Industry Act 1997*. The ADT had revoked the appellant's licence under section 26(1)(d) of the *Security Industry Act 1997*, finding it was in the public interest to do so.

The Court of Appeal held that the admission of the transcript was permissible under section 73 of the *Administrative Decisions Tribunal Act 1997*, as the Tribunal had the power to admit any evidence it considered relevant, regardless of its admissibility in a court of law. Regarding the validity of clause 29 of the Regulations, the Court found no inconsistency with the Act, concluding that the regulation was a valid exercise of the power to make regulations conferred by the Act. The Court therefore dismissed the appeal. The Court ordered that the appellant's master licence be treated as on foot until noon on Monday, 25 October 2010, and that the appellant pay the costs of the appeal.