Featherstone v Department of Justice and Attorney-General, Industry Licencing Unit (No 2)

Featherstone v Department of Justice and Attorney-General, Industry Licencing Unit (No 2) involved a dispute over the decision to suspend the private investigator's licence of Michael Featherstone. The Department of Justice and Attorney-General, Industry Licencing Unit had suspended Featherstone's licence following his charge with disqualifying offences. Featherstone sought judicial review of this decision in the Administrative Appeals Tribunal (AAT). The primary legal issues before the court were whether the decision to suspend the licence was the correct and preferable decision and whether there were reasonable grounds for the suspension. The court also had to determine if the impact of the suspension on Featherstone, his family, and his business was disproportionate to the legislative intent.

The court considered the serious nature of the charges against Featherstone, which were directly linked to his role as a private investigator. The alleged offences were serious, relating to personal safety and the administration of justice, and were integrally connected to his investigative functions. The court emphasised that public confidence in the security provider industry required those undertaking sensitive investigative roles to be free from any suggestion of illicit conduct relevant to their functions. While Featherstone argued that the suspension would adversely affect his family, reputation, and livelihood, the court held that the public interest in maintaining the integrity of the licensing scheme outweighed these considerations. The court also noted that the financial impact of the suspension was partly alleviated by Featherstone's business continuing to operate as a profitable concern.

Ultimately, the court confirmed the decision of the Department of Justice and Attorney-General, Industry Licencing Unit to suspend Featherstone's private investigator's licence. The court found that the decision was reasonable and aligned with the legislative intent to protect the public interest by maintaining community safety and confidence in the security provider industry. The court's decision underscored the importance of ensuring that those in sensitive investigative roles are held to high standards of conduct, especially in light of the serious nature of the charges against Featherstone.