Constantin and Commissioner of Police (NSW)

This matter concerned an application by Mr Constantin for review of a decision by the Commissioner of Police (NSW) to refuse his application for registration as a security consultant. The Commissioner's refusal was based on paragraph 19(2)(e) of the *Mutual Recognition Act 1992* (Cth), which permits refusal if a licence previously held by the applicant was revoked. Mr Constantin contended that his Queensland security licence, which was current at the time of the refusal, should have entitled him to registration in New South Wales under the principle of mutual recognition.

The primary legal issues before the Tribunal were whether the Commissioner was entitled to refuse Mr Constantin's application under paragraph 19(2)(e) of the *Mutual Recognition Act 1992* (Cth) due to a prior revocation of a New South Wales licence, and alternatively, whether the New South Wales security consultant licence (subclass 2A) and the security officer (dog patrol) licence (subclass 1D) were substantially equivalent to the relevant Queensland occupations. The Tribunal also considered whether the Commissioner retained a residual discretion to refuse registration even if the conditions of the Act were met.

The Tribunal determined that a suspension or cancellation of a licence under paragraph 19(2)(e) of the *Mutual Recognition Act 1992* (Cth) did not automatically preclude an applicant from obtaining registration, as the Act contemplated situations where registration could still be granted. It found that the New South Wales subclass 2A security consultant licence was not substantially equivalent to the Queensland 'security advisor' licence. However, it concluded that the New South Wales subclass 1D licence was substantially equivalent to the Queensland 'security officer (dog patrol)' licence. The Tribunal also noted that while the Commissioner has discretion under section 15 of the *Mutual Recognition Act 1992* (Cth) to refuse a licence if it is contrary to public interest, this discretion was not applicable in this instance.

The Tribunal set aside the Commissioner's decision and substituted an order that Mr Constantin be registered as a security officer (dog patrol) in New South Wales, subject to any other applicable requirements.