Commissioner for Consumer Affairs v Moore-Mcquillan No. Dcadd-03-378

The case before the South Australian Administrative and Disciplinary Division involved the Commissioner for Consumer Affairs taking action against Mr Markham Wayne Moore-McQuillan, seeking the cancellation of his security and investigation agent licence. The Commissioner argued that Mr Moore-McQuillan's multiple convictions for offences, including common assault and obtaining payments by dishonest means, rendered him unfit to hold a security agent's licence. The legal issues revolved around whether the respondent's past convictions disqualified him from holding a security agent's licence under the Security and Investigation Agents Act 1995 and related regulations.

The court examined the statutory provisions and relevant regulations, which outlined the criteria for a person to be granted a security agent's licence, including not having been convicted of specified offences within a certain timeframe. The Commissioner provided evidence of Mr Moore-McQuillan's convictions, which included three counts of common assault and six counts of obtaining benefit by dishonest means. The court noted that the respondent had been convicted of offences that disqualified him from holding a security agent's licence, as per the statutory provisions. The respondent's explanations and allegations regarding his disputes with WorkCover were not considered relevant to the court's decision.

The court concluded that Mr Moore-McQuillan's convictions for common assault and other offences of violence made him ineligible to hold a security agent's licence. The court further considered the respondent's convictions for obtaining benefit by dishonest means, which also contributed to the decision to cancel his licence. The court emphasised that while the respondent had expressed grievances about his disputes with WorkCover, these issues were not pertinent to the Tribunal's decision. Consequently, the court ordered the cancellation of Mr Moore-McQuillan's security agent's licence.