The Commissioner of Police MUST refuse an application if the applicant becomes a "disqualified individual" or "disqualified corporation" (whichever applicable) as defined in the Act and includes:
In relation to an application for a Master licence:
an individual who is an undischarged bankrupt, or the subject of arrangement, under the Bankruptcy Act 1966 of the Commonwealth
an individual who is a director of a disqualified corporation or is concerned in the management of a disqualified corporation
a corporation that has been convicted or found guilty of a major offence
a corporation that has, as one of its directors or as one of the persons concerned in its management, an individual who is a disqualified individual
In relation to an application for an operator licence:
An individual who, not being an Australian citizen, is prohibited from engaging in employment to carry out commercial agent and/or private inquiry agent activities
An applicant who, in the opinion of the Commissioner, is not a fit and proper person to hold a licence or the Commissioner is of the opinion that the grant of the licence would be contrary to the public interest
An individual who has been convicted or found guilty of a major offence and:
Convicted within 10 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation
Found guilty, but with no conviction recorded, within 5 years before the application was made, in New South Wales or elsewhere, of an offence prescribed by the Act or Regulation.
Offences for which an applicant MUST be disqualified include:
Offences involving violence, fraud, dishonest or theft
Offences involving the unlawful possession or use of a firearm or other weapon
Offences involving the unlawful possession or use of a drug
Offences under Part 2 of the Surveillance Devices Act 2007
Offences under the Telecommunications (Interception) Act 1979
Any other offence declared by the Regulation to be a major offence for the purposes of this Act.
For more information refer to section 4, 7, 10, 13, 17 of the Commercial Agents and Private Inquiry Agents Act 2004 and clause 5 of the Commercial Agents and Private Inquiry Agents Regulation 2006.
Right of Review
When a licence application is refused or a licence is cancelled, a notice is served on the licence applicant / holder (either in person or by posting to the person's address as recorded with the SLED).
The notice explains why the application was refused / the licence was cancelled and is accompanied by information about a 'right of review'.
A 'right of review' means the licence applicant / holder may request the SLED to conduct an internal review of the decision by making a written application to the SLED within 28 days. The SLED will finalise an internal review within 21 days of receipt.
Additionally, the licence applicant / holder may request an administrative review of the decision by the NSW Civil and Administrative Tribunal (NCAT). NCAT can be contacted by phoning 1300 006228 or its website http://www.ncat.nsw.gov.au/Pages/contact_ncat.aspx.
If a person's application for a licence under the Mutual Recognition Act 1992 is refused, they can only seek a review of the decision by lodging an application with the Commonwealth Administrative Appeals Tribunal (AAT) within 28 days. More information about Mutual Recognition refer to the SLED Mutual Recognition webpage.
For more information about licence refusal refer to sections 7 and 13 of the Commercial Agents and Private Inquiry Agents Act 2004.
For more information about licence cancellation refer to section 10 and 17 of the Commercial Agents and Private Inquiry Agents Act 2004.
For more information about internal review refer to clause 53 of the Administrative Decisions Review Act 1997.
For more information about NCAT review refer to section 20 of the Commercial Agents and Private Inquiry Agents Act 2004.