Administrative Law

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Administrative law

Dear Mr. Jones,

I trust you are well. I write this letter of advice concerning your visit to our offices on 12th February 2012, seeking legal advice from us on the matter of your rejected application for a provisional license by the commissioner. You wished to be advised on how to review this decision and achieve a positive outcome. When you came to our offices you presented a copy of the letter you received from the commissioner stating that your application had been rejected dated 6th February 2012. You had applied for a provisional class 1AC license on 10th January 2012, in order to work in the security industry as unarmed guard and crowd controller. In the rejection letter that the commissioner sent you he had not stated the reasons for canceling your application.

Therefore I set out to investigate the reasons why your application was rejected. This would ensure that before undertaking any non judicial or judicial review, I had all the facts concerning your license application . I visited the office of the commissioner to inquire the details of your license application. I was told that they are not mandated to disclose the reasons for declining an application under the security law. Therefore I decided to check under the security industry act what reasons the commissioner can use to reject an application. Armed with this legal information I decided to check your criminal record for the past ten years. I confirmed that you had been convicted of a soliciting murder offence on 28th June 2002, served two years in jail and two years on parole.

I went back to the commissioner's office and informed them that you wished to challenge their decisions and as your legal adviser I was mandated by law to know their reasons for rejecting your application. The legal adviser gave me the reasons for rejecting your application that included the above mentioned crime. Another reason was that you had committed several traffic offences after your parole in June 2004. They include one unlawful u-turn, two speeding fines, one drive into transit lane and failure to dip headlamps. In addition you had been issued with an interim apprehended violence order by a local mechanic on February 2012.

The third reason was that you had been dishonest in filling the application form. On the question which requested the applicant to answer whether they had been convicted of any crime in the past ten years you ticked no. Also you answered no to the question on whether you had previously been refused a license, had one suspended, revoked or cancelled by NSW. Yet on April 8th 2002 you had applied for a security license which was refused under section 15(1) (a) of the security industry act 1997(NSW) . This is following your convicted offense during the application process. The supporting document which you submitted with the application form signed by three referees indicate that the three characters were unaware of your past criminal record.

These were the reasons why your application was rejected. After informing you the reasons why your application was rejected, you said that the statements on the application form were not dishonest but rather an honest mistake. You said that you had miscalculated the date. You also said that security licensing branch had assured you of obtaining a license. However, you do not recall the names of the officials and if you had informed them of your past convictions.

I would request that you provide information on your parole officer so that when you challenge the decision his review of your behavior will assist in changing this decision . I would like you to give me a copy of the interim apprehended violence order issued against you by the mechanic. Since your recount of the events differ from those of the complainants in the police reports. There is need to clarify this matter in court urgently, since the order has a bearing on the decision made concerning your application. If the events that transpired can be cleared then this would assist in your pursuit to reverse the decision. Provide me with details of your three referees who may assist in changing the decision. Even though you did not reveal your criminal record to them, you have maintained a good working relationship with them and not displayed any misconduct at work. This may work to your advantage because it proves that you have uphold the work code of ethics and not broken any rules .

I advise that if you wish to challenge this decision you first pursue the non-judicial review process that is in place. The Fist step you should take is ensuring that the violence order issued by the mechanic is revoked so that it will clear your name. You should ensure that this is done legally to avoid more criminal charges against you. The second step is filling your review of the decision made to the administrative decisions tribunal. According to the security industry act 1997(NSW) section 29(1) (a), an applicant has the right to apply for a review to the tribunal following a refusal or failure to be granted a license . This will give you the opportunity to argue your case before them and explain your reasons for answering the questions incorrectly.

The third step that you should take is consulting any of the labor force union or any relevant work force organization that protects the rights of workers. Since you left prison, you have worked with several employers and have not caused any trouble for them. Hence the unions will offer you their assistance and support to challenge the decision of the commissioners. From the previous jobs you have held you have worked with integrity, obeyed the authority hence the commissioner should have considered this while making his decision. Since this decision has a bearing on your financial stability and need to better your life through having a better legitimate work he should have considered this .

The fourth step should be obtaining the report of the parole board that was carried out on you while in prison. Since the parole board is the one that approved your release from prison on the basis of character and behavior reforms observed. Their report on your behavior observed while in prison may attempt to give a positive outcome to your challenge. The fifth step you should take is requesting the traffic police officers who caught you breaking the traffic rules to give a statement or report. This report should include your conduct and reaction at the time of committing the various traffic offences .

This will ensure that the tribunal assesses your behavior or character depending on whether you remained calm or agitated in these situations.