Douglas v Chief Executive, Department of Employment, Economic Development and Innovation

[2011] QCAT 173

CITATION: Douglas v Chief Executive, Department of Employment, Economic Development and Innovation [2011] QCAT 173

PARTIES:	Mr Adam Brian Douglas
v
Chief Executive, Department of Employment, Economic Development and Innovation

APPLICATION NUMBER:   GAR333-10  

MATTER TYPE: General administrative review matters

HEARING DATE:     16 February 2011

HEARD AT:  Brisbane

DECISION OF: Margaret McLennan, Member

DELIVERED ON: 16 February 2011

DELIVERED AT:      Brisbane

ORDERS MADE:

[1]     The Department of Employment, Economic Development and Innovation’s decision is confirmed.

[2]     The application is dismissed.

CATCHWORDS: 

Refusal of Security Officer and Crowd Controller licence – eligibility criteria – conviction of disqualifying offences

Queensland Civil and Administrative Tribunal Act 2009, s 72
Security Providers Act 1993, ss 11(2), 11(5), 14

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	No appearance
RESPONDENT:	Chief Executive, Department of Employment, Economic Development and Innovation represented by Mr Peter Rashford

REASONS FOR DECISION

1. Upon the applicant’s failure to appear at the compulsory conference, the applicant’s confirmation to the registry of receipt of the compulsory conference notification and the respondent’s consent, I make the following decision pursuant to section 72 of the Queensland Civil and Administrative Tribunal Act 2009.

1. I am satisfied that the applicant was properly refused in accordance with section 14 of the Security Providers Act 1993 (“the Act”) his application for a Security Officer (Unarmed) and Crowd Controller licence on the grounds that he is not an appropriate person to hold a licence.

1. The basis of the refusal is that the applicant was convicted of disqualifying offences within the preceding 10 years:

§Assaults occasioning bodily harm in company at the Brisbane District Court on 29 August 2002; and

§Enter dwelling with intent in the night in company with one or more persons at the Brisbane District Court on 29 August 2002.

1. The offences are offences against sections 339 and 421 of Chapters 30 and 39 of the Criminal Code Queensland. These Chapters are listed in the Schedule to the Act and therefore are disqualifying offences.

1. Section 11(2) of the Act provides the eligibility criteria for the grant of a licence and section 11(5) of the Act provides that a person is not an appropriate person to hold a licence if the person, within 10 years of applying for a licence, has been convicted of a disqualifying offence.