Habak v Commissioner of Police, NSW Police

In the Administrative Appeals Tribunal, Habak was a party seeking review of a decision by the Commissioner of Police, NSW Police, to revoke his security industry licence under the Security Industry Act. The dispute centred on the Commissioner's decision to revoke the licence on the grounds that Habak was unfit to hold a licence due to his criminal history and involvement in a security-related incident.

The primary legal issue before the Tribunal was whether the Commissioner had acted lawfully and rationally in revoking the security industry licence of Habak. This required the Tribunal to consider whether the Commissioner had adhered to the principles of natural justice and procedural fairness, including whether Habak had been given an adequate opportunity to respond to the allegations against him. The Tribunal also had to determine whether the Commissioner's decision was supported by appropriate material and was not irrational or based on an error of law.

The Tribunal found that the Commissioner had failed to provide Habak with adequate notice of the reasons for the revocation and an opportunity to respond, thereby breaching the principles of natural justice. Consequently, the Tribunal concluded that the Commissioner's decision to revoke the licence was unlawful. The Tribunal ordered that within 14 days, the Commissioner must decide whether to rely solely on the material already provided to Habak, request a re-hearing to make further submissions, or ask for the decision to be remitted for further consideration under section 65 of the ADT Act.