Brookes-Warner v Chief Executive, Department of Justice and Attorney-General [2018] QCAT 336

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL CITATION: Brookes-Warner v Chief Executive, Department of Justice and Attorney-General [2018] QCAT 336 PARTIES: MARK ANTHONY BROOKES-WARNER (applicant) v CHIEF EXECUTIVE, DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL (respondent) APPLICATION NO/S: GAR138-18 MATTER TYPE: General administrative review matters DELIVERED ON: 9 October 2018 HEARING DATE: On the papers HEARD AT: Brisbane DECISION OF: Member Cranwell ORDERS: The decision of the Chief Executive, Department of Justice and Attorney-General made on 3 April 2018 to refuse to grant Mr Brookes-Warner a Bodyguard, Crowd Controller, Security Officer (Unarmed), Security Officer (Cash in Transit) and Security Officer (Monitoring) licence is confirmed. CATCHWORDS: PROFESSIONS AND TRADES – LICENSING OR REGULATION OF OTHER PROFESSIONS, TRADES OR CALLINGS – COMMERCIAL, SECURITY AND INVESTIGATION AGENTS – application for security licence – where applicant convicted of drug offence in New Zealand – whether conviction a disqualifying offence Drugs Misuse Act 1986 (Qld), s 9 Drugs Misuse Regulation 1986 (Qld), Schedule 2 Security Providers Act 1993 (Qld), s 11, Schedule 2 REPRESENTATION: Applicant: Self-represented Respondent: P Rashford, Principal Probity Officer, Department of Justice and Attorney-General APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). -- 1 of 3 -- 2 REASONS FOR DECISION [1] On 10 January 2018, Mr Brookes-Warner applied for Bodyguard, Crowd Controller, Security Officer (Unarmed), Security Officer (Cash in Transit) and Security Officer (Monitoring) licence. [2] On 3 April 2018, the Chief Executive refused Mr Brookes-Warner’s application. [3] Mr Brookes-Warner’s convictions history report indicated that he had been convicted of ‘Procure/Possess Cannabis Plant’ in Palmerston North District Court on 27 April 2017. [4] Section 11 of the Security Providers Act 1993 (Qld) (the Act) relevantly provides: Entitlement to licences … (2) A person is entitled to a licence if the chief executive is satisfied that the person— … (d) is an appropriate person to hold the licence. … (5) A person is not an appropriate person to hold a licence if the person— (a) has, within 10 years of applying for the licence, been convicted of a disqualifying offence for which a conviction was recorded … [5] ‘Disqualifying offence’ is in turn defined in Schedule 2 of the Act to relevantly include: disqualifying offence— (a) means an offence— … (ii) under the Drugs Misuse Act 1986 that is punishable by imprisonment for 1 year or more, even if a fine may be imposed in addition or as an alternative; … and (b) includes an act or omission committed outside Queensland that would be a disqualifying offence if committed in Queensland. [6] Under s 9(1)(d) of the Drugs Misuse Act 1986 (Qld), unlawful possession of a dangerous drug, which is defined in Schedule 2 of the Drugs Misuse Regulation 1987 (Qld) to include cannabis, is punishable by 15 years’ imprisonment. [7] Had Mr Brookes-Warner’s offence been committed in Queensland, it would have been punishable by imprisonment of 1 year or more under the Drugs Misuse Act 1986 -- 2 of 3 -- 3 (Qld). He has therefore been convicted of a disqualifying offence within 10 years of applying for the licence, and is not entitled to a licence. [8] In making this decision, the Tribunal acknowledges that Mr Brookes-Warner’s offence was not punishable by imprisonment of 1 year or more under New Zealand law. However, the Tribunal has no discretion in these circumstances. [9] The decision of the Chief Executive to refuse Mr Brookes-Warner’s application for a licence is confirmed. -- 3 of 3 --