Brookes-Warner v Chief Executive, Department of Justice and Attorney-General

[2018] QCAT 336

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Brookes-Warner v Chief Executive, Department of Justice and Attorney-General [2018] QCAT 336

PARTIES:

MARK ANTHONY BROOKES-WARNER
(applicant)

v

CHIEF EXECUTIVE, DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL

(respondent)

APPLICATION NO/S:

GAR138-18

MATTER TYPE:

General administrative review matters

DELIVERED ON:

9 October 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Cranwell

ORDERS:

The decision of the Chief Executive, Department of Justice and Attorney-General made on 3 April 2018 to refuse to grant Mr Brookes-Warner a Bodyguard, Crowd Controller, Security Officer (Unarmed), Security Officer (Cash in Transit) and Security Officer (Monitoring) licence is confirmed.

CATCHWORDS:

PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – COMMERCIAL, SECURITY AND INVESTIGATION AGENTS – application for security licence – where applicant convicted of drug offence in New Zealand – whether conviction a disqualifying offence

Drugs Misuse Act 1986 (Qld), s 9
Drugs Misuse Regulation 1986 (Qld), Schedule 2
Security Providers Act 1993 (Qld), s 11, Schedule 2

REPRESENTATION:

Applicant:

Self-represented

Respondent:

P Rashford, Principal Probity Officer, Department of Justice and Attorney-General

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. On 10 January 2018, Mr Brookes-Warner applied for Bodyguard, Crowd Controller, Security Officer (Unarmed), Security Officer (Cash in Transit) and Security Officer (Monitoring) licence.

2. On 3 April 2018, the Chief Executive refused Mr Brookes-Warner’s application.

3. Mr Brookes-Warner’s convictions history report indicated that he had been convicted of ‘Procure/Possess Cannabis Plant’ in Palmerston North District Court on 27 April 2017.

4. Section 11 of the Security Providers Act 1993 (Qld) (the Act) relevantly provides:

   Entitlement to licences

   …

   (2)     A person is entitled to a licence if the chief executive is satisfied that the person—

   …

   (d) is an appropriate person to hold the licence.

   …

   (5)     A person is not an appropriate person to hold a licence if the person—

   (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded …

5. ‘Disqualifying offence’ is in turn defined in Schedule 2 of the Act to relevantly include:

   disqualifying offence—

   (a)     means an offence—

   …

   (ii) under the Drugs Misuse Act 1986 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative;

   … and

   (b)     includes an act or omission committed outside Queensland that would be a disqualifying offence if committed in Queensland.

6. Under s 9(1)(d) of the Drugs Misuse Act 1986 (Qld), unlawful possession of a dangerous drug, which is defined in Schedule 2 of the Drugs Misuse Regulation 1987 (Qld) to include cannabis, is punishable by 15 years’ imprisonment.

7. Had Mr Brookes-Warner’s offence been committed in Queensland, it would have been punishable by imprisonment of 1 year or more under the Drugs Misuse Act 1986 (Qld). He has therefore been convicted of a disqualifying offence within 10 years of applying for the licence, and is not entitled to a licence.

8. In making this decision, the Tribunal acknowledges that Mr Brookes-Warner’s offence was not punishable by imprisonment of 1 year or more under New Zealand law. However, the Tribunal has no discretion in these circumstances.

9. The decision of the Chief Executive to refuse Mr Brookes-Warner’s application for a licence is confirmed.