Townley and Secretary, Department of Infrastructure and Regional Development

This matter concerned an appeal by Mr Townley against the Secretary of the Department of Infrastructure and Regional Development's decision to refuse him a Maritime Security Identification Card (MSIC). An MSIC is required for individuals to work on maritime and offshore facilities. The core of the dispute revolved around Mr Townley's extensive criminal record and whether he posed a threat to the security of maritime transport or offshore facilities, thereby disqualifying him from holding an MSIC. The Administrative Appeals Tribunal was tasked with reviewing the Secretary's decision.

The Tribunal was required to determine two primary issues: firstly, whether Mr Townley constituted a "threat to the security of maritime transport or offshore facilities," and secondly, if he did not, whether he should be issued with an MSIC. In making this determination, the Tribunal had to consider the matters specified in sub-regulation 6.08F(5) of the relevant regulations, including the nature of Mr Townley's offences, the length of any imprisonment imposed, and his conduct and employment history since any sentence.

The Tribunal noted Mr Townley's criminal record, which spanned 29 years and included over 30 convictions, with particular attention paid to a 2005 conviction for "threats with intent to influence" where he threatened to kill two men to prevent them from giving evidence in Family Court proceedings. This offence was classified as a "maritime-security-relevant offence." Despite Mr Townley's assertion that he was not a threat and had held MSIC cards previously without issue, the Tribunal found that the nature of his offences, particularly the threat to kill, indicated a volatile temperament. The Tribunal concluded that maritime facilities could not function safely if individuals with such a background were granted an MSIC, and therefore, Mr Townley posed a threat to security.

Consequently, the Tribunal affirmed the decision under review, finding that Mr Townley could not be granted an MSIC.