Constantin and Commissioner of Police (NSW)

This matter concerned an application by Mr Constantin for a Class 1AC security licence in New South Wales, which had been refused by the Commissioner of Police. The applicant sought a review of this decision before the New South Wales Civil and Administrative Tribunal (NCAT). NCAT had refused the application, finding that neither the applicant nor his wife were fit and proper persons to hold such a licence, based on their conduct when applying for licences in Queensland. The applicant then sought further review of NCAT's decision.

The primary legal issue before the court was whether the applicant's notice lodged under section 19 of the Mutual Recognition Act 1992 (Cth) (MR Act) satisfied the statutory requirements, specifically section 19(2)(e), which mandates a statement that the applicant's registration in any state is not cancelled or suspended as a result of disciplinary action. The Commissioner contended that the applicant's statement to this effect was false, thereby preventing registration under section 20 of the MR Act.

The court considered the meaning of "disciplinary action" and the mandatory nature of the requirements under section 19 of the MR Act. It was held that an applicant must satisfy the conditions set out in section 19(2) for an entitlement to registration under section 20 to arise. The court noted that NCAT had found the applicant had deliberately attempted to mislead Queensland authorities regarding his residential address and had provided false information concerning his criminal convictions. The applicant's submissions that his past convictions were "spent" and that his Queensland licence had been renewed were considered, but did not overcome the fundamental requirement of compliance with section 19.

The court affirmed NCAT's decision, finding that the applicant's notice did not comply with section 19(2)(e) of the MR Act due to the false statement made. Consequently, the Commissioner had no power to register the applicant as a licence holder in New South Wales.