Singh v The Chief Executive, Department of Employment, Economic Development and Innovation
[2010] QCAT 663
•20 December 2010
| 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
On 2 July 2010 Mr Jasbir Singh lodged an application for a Security Officer (Unarmed) and Crowd Controller’s licence.
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.
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).
On 17 August 2010 the Chief Executive, Department of Employment, Economic Development and Innovation refused Mr Singh’s application.
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.
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.
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.
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.
.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.
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