SS v Office of Fair Trading [2023] QCAT 215

Date: 21 June 2023
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: King-Scott
Human Rights Act 2019 (Qld) Sections: -
Rights Considered: -
Other Legislation: Criminal Code 1989 (Qld); Queensland Civil and Administrative Tribunal Act 2009 (Qld); Security Provider Act 1993 (Qld).
Keywords: Education, Training and Employment

The Appellant was a Security Officer and Crowd Controller registered under the Security Provider Act 1993 (Qld). His licence was suspended for the duration of criminal proceedings where it was alleged that he had, during the course of performing security patrols, instructed an intoxicated woman to enter his car whereupon he sexually assaulted her. The Appellant filed an application to stay the criminal proceedings against him, including on grounds that the decision maker, in deciding to suspend his licence, failed to consider his human rights. He argued that the suspension itself was a breach of his human rights and the presumption of innocence: at [22]. The Tribunal considered a suspension was a justifiable limitation of an individual’s human rights when balanced against matters of public importance, including the protection of the public and the preservation of faith of the community that persons who hold a Security Officer/Crowd Controller licence are appropriate persons to hold such a licence: at [24] - [25]. The stay application was dismissed.

Visit the judgment: SS v Office of Fair Trading [2023] QCAT 215