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DismissedNSW Civil and Administrative Tribunal (Occupational Division)·

Security Licence Revoked for Stalking Offence

Case No.

⚖️ Legal holding

A person's security licence must be revoked if they are found guilty of an offence involving stalking or intimidation within five years of their licence application.

Topics

security licencesstalking offenceslicence revocation

Provisions

Crimes (Domestic and Personal Violence) Act 2007 s 13(1)Security Regulation 2016 cl 15(1)(i)[NAME] Act 1997 s 16(1)(b)[NAME] Act 1997 s 26(1A)

📚 Full judgment

The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.

📄 Read the full judgment⚖️ View on the official court website ↗

⚖️ What tends to weigh in cases like this

✅ Tends to be accepted

  • The offence of stalking or intimidation with intent to cause fear of physical or mental harm is a prescribed offence under the security regulations.
  • The Tribunal must revoke a security licence if the licensee would be refused a new licence application based on their criminal history.
  • The Tribunal has no discretion to consider the underlying facts of the offence once a finding of guilt has been made.
  • The Tribunal's role is only to determine if the objective facts, such as a finding of guilt for a prescribed offence, are met.

Patterns observed in similar cases in this collection — every case is unique.

❓ Frequently asked questions

What was the dispute about?

The dispute was about whether the claimant's security licence should be revoked after they were found guilty of stalking, even though no conviction was recorded.

How did the court decide, and why?

The court decided to affirm the revocation because the claimant's actions fell under the definition of stalking as per the Crimes (Domestic and Personal Violence) Act 2007.

What was the argument that mattered most?

The argument that mattered most was that the claimant's actions constituted stalking under the Crimes (Domestic and Personal Violence) Act 2007.

Was the decision for or against the person who brought the case?

The decision was against the person who brought the case.

What does this mean for someone in a similar situation?

Someone in a similar situation might also face the revocation of their security licence if they are found guilty of a stalking offence, even if no conviction is recorded.

What evidence or documents mattered?

The evidence included the claimant's guilty plea to the stalking offence and the relevant legislation.

Official source: NSW Civil and Administrative Tribunal (Occupational Division) — this page does not reproduce the decision; it links to the court's own publication. View on the official source ↗Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the NSW Civil and Administrative Tribunal (Occupational Division) and is reproduced from NSW Caselaw (© State of New South Wales) under its published republication policy. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
Security Licence Revoked for Stalking Offence | NSW Civil | VadeLab