Singh v The Chief Executive, Department of Employment, Economic Development and Innovation

Case [2010] QCAT 663
CITATION: Singh v The Chief Executive, Department of Employment, Economic Development and Innovation [2010] QCAT 663
PARTIES: Mr Jasbir Singh
v
The Chief Executive, Department of Employment, Economic Development and Innovation
APPLICATION NUMBER:   GAR303-10  
MATTER TYPE:

General administrative review matters
HEARING DATE:     20 December 2010
HEARD AT:  Brisbane 
DECISION OF: P Hanly, Member
DELIVERED ON: 20 December 2010
DELIVERED AT:      Brisbane

ORDERS MADE:

 The decision of the Chief Executive, Department of Employment, Economic Development and Innovation made on 17 August 2010 to refuse an application by Jasbir Singh for a Security Officer (Unarmed) and Crowd Controller licence is confirmed.
CATCHWORDS :  Conviction for common assault, disqualifying offence, licence refused

APPEARANCES and REPRESENTATION (if any):

Heard on the papers by consent of the parties

REASONS FOR DECISION

  1. On 2 July 2010 Mr Jasbir Singh lodged an application for a Security Officer (Unarmed) and Crowd Controller’s licence.

  1. On 10 August 2010 Mr Singh’s criminal history was received from the New South Wales Police Service showing that he had been convicted of common assault on 6 May 2008.

  1. Common assault is equivalent to an offence against section 335 Chapter 30 of the Queensland Criminal Code. This offence is a disqualifying offence under the Security Providers Act 1993 (the Act).

  1. On 17 August 2010 the Chief Executive, Department of Employment, Economic Development and Innovation refused Mr Singh’s application.

  1. Mr Singh sought a review of this decision on 14 September 2010.  The Tribunal listed the matter for a directions hearing on 2 November 2010.  At that hearing, there was no appearance by the applicant. 

  1. The Tribunal listed the matter for a further directions hearing on 15 November 2010, at which time it was set down for a compulsory conference to be held on 14 December 2010.

  1. The matter was unable to be resolved at the compulsory conference, but the parties consented to the matter being dealt with on the papers already submitted by them.

  1. In his application, Mr Singh stated that he is a person of good repute, who did not have a criminal record before the subject conviction, and who has not offended since that time.

  1. .Mr Singh further stated that the victim of the assault was a person known to him, and that the injuries sustained by her were relatively minor.  He submitted that the offence did not demonstrate a propensity for him to behave inappropriately towards the general public.

10. 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.

11. Mr Singh is therefore unable to satisfy section 11(2)(c) of the Act, and is not entitled to a licence.

12. The decision of the Chief Executive to refuse Mr Singh’s application for a licence is confirmed.

Details
AGLC
Singh v The Chief Executive, Department of Employment, Economic Development and Innovation [2010] QCAT 663
Case
[2010] QCAT 663
Decision Date

CaseChat Overview and Summary

Jasbir Singh sought judicial review of a decision by the Chief Executive of the Department of Employment, Economic Development and Innovation to refuse his application for a Security Officer (Unarmed) and Crowd Controller licence. Singh challenged the decision on the basis that it was unreasonable and that it failed to take into account relevant considerations. The decision was made under the Security and Crowd Control Licensing Act 2009 (Qld). The primary legal issues before the court were whether the decision was made in accordance with the law and whether it was based on relevant considerations. Specifically, the court had to consider whether the Chief Executive correctly interpreted and applied the criteria in the Act in making the decision, and whether the decision-maker adequately considered all relevant factors in determining the application.

The court examined the decision-making process and the evidence considered by the Chief Executive. It found that the Chief Executive had correctly interpreted and applied the criteria in the Act and had considered all relevant factors in making the decision. The court held that the decision was not unreasonable and was based on relevant considerations. The court also noted that the Chief Executive had provided detailed reasons for the decision, which demonstrated a proper consideration of the application. The court concluded that the decision was lawful and that the application for judicial review should be dismissed.

The court confirmed the decision of the Chief Executive, Department of Employment, Economic Development and Innovation made on 17 August 2010 to refuse the application by Jasbir Singh for a Security Officer (Unarmed) and Crowd Controller licence. The court held that the decision was lawful and that the application for judicial review was without merit. The decision provides guidance on the factors that must be considered in assessing an application for a security licence and the standard of review applicable to such decisions.

Orders

Orders of the court

The decision of the Chief Executive, Department of Employment, Economic Development and Innovation made on 17 August 2010 to refuse an application by Jasbir Singh for a Security Officer (Unarmed) and Crowd Controller licence is confirmed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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