Commissioner of Police New South Wales v Gray

The Commissioner of Police, New South Wales, appealed to the Court of Appeal of New South Wales against orders made by Malpass AsJ. The dispute concerned an application for judicial review of a decision by the Administrative Decisions Tribunal (ADT) Appeal Panel. The ADT had dismissed an appeal by Mr. Gray against a decision of the ADT that he provide the Commissioner with particulars as to why his application for a security licence had been refused.

The primary legal issues before the Court of Appeal were whether section 29(3) of the *Security Industry Act 1997* (NSW) impliedly repealed section 73 of the *Administrative Decisions Tribunal Act 1997* (NSW), and whether the ADT Appeal Panel had erred in bypassing the usual appeal process under sections 113, 122, and 123 of the *Administrative Decisions Tribunal Act 1997* (NSW) in its exercise of discretion.

The Court of Appeal reasoned that section 29(3) of the *Security Industry Act 1997* did not operate to impliedly repeal section 73 of the *Administrative Decisions Tribunal Act 1997*. It held that the ADT Appeal Panel had erred in bypassing the statutory appeal process and that the original decision of the ADT requiring particulars was therefore made without proper jurisdiction. The court applied principles of statutory interpretation to determine the interaction between the two Acts.

Consequently, the Court of Appeal allowed the appeal, set aside the orders of Malpass AsJ, and in lieu thereof, set aside the order for particulars made by the ADT. The matter was remitted to the ADT for further hearing in accordance with law, with each party to bear their own costs.