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NSW Failure to Appear - Statute of Limitations to Get Back Security Licence?

Discussion in 'Other/General Law Forum' started by joel needham, 24 May 2015.

  1. joel needham

    joel needham Member

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    A relative was working as a security guard in Queensland. He lost his licence (2009) when he went to renew it due to a failure to appear on an AVO in NSW and a warrant was issued from a messy break up (2003). (He had a medical cert not to attend handed into court) and police came to ask why he didn't attend he said about medical cert, (and never gave him another notice)

    The offence happened in 2003, lost his licence in 2009. He was never charged with assault (or assaulted anyone) just hit with a avo and failure to appear. He had the medical cert because he was hospitalised after his ex and her family took to him with a baseball bat and couldn't see or walk properly.

    He spoke to a solicitor in 2009 and nothing could be done apart from returning to NSW and handing himself in.

    So.. legal question is, is there a statute of limitations, would he now be eligible to get his security licence back 6 years on?
     
  2. Tracy B

    Tracy B Well-Known Member

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    Hi Joel,

    1. A statute of limitations bars someone from initiating an action in court. Getting a licence back is not this. Are you asking if it is too late for your relative to reapply for his licence? Or are you asking is it too late to challenge the decision to suspend/terminate his licence in the first place?

    2. Who suspended/terminated the licence? Was it by court order or the decision of a professional body?
     
  3. joel needham

    joel needham Member

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    Dept of fair trade (I think) cancelled his qld security licence because of avo and failure to appear warrant in nsw when he went to renew it, I was thinking that the avo and possibly even the failure to appear expires and cleared at some point so he can get back his license. As his only other option would be to return to NSW and be arrested on a 12 year old missed court date,
     
  4. joel needham

    joel needham Member

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    Does the avo and failure to appear have a limit or expiry as it's the only thing stopping him from getting license back
     
  5. Tracy B

    Tracy B Well-Known Member

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    Hi Joel,
    This is a matter for the Department of Fair Trading to consider. They cancelled the security licence not because of the AVO and Failure to Appear per se, but because having these things against his name indicates that he is not fit or suitable for holding a licence (or whatever other criteria the Department of Fair Trade uses to grant security licences). Therefore, to have the Department re-issue his licence, the Department will need to be satisfied that he meets the criteria again, despite the AVO and Failure to Appear. This is a matter for the Department of Fair Trading.

    The AVO and Failure to Appear does not have an expiry here. They may be spent criminal breaches, but only under criminal law (e.g. against a person's criminal background check). The granting of a security licence by the Department of Fair Trading is not a criminal determination. It is an institutional matter.

    Therefore, you will need to ask the Department of Fair Trading to figure out exactly why the licence has been cancelled (note: it may not be because there is an AVO or Failure to Appear, but because the Department no longer believes he satisfies criteria for holding a licence).
     
  6. praxidice

    praxidice Well-Known Member

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    Whilst Fair Trading is as inept and illogical as most government departments, I'm aware of scads of people with black marks on their record working in the security industry, in fact it would be difficult to find a bouncer with a clean criminal history. Same goes for other industries where a perfect record is ostensibly mandatory eg taxi driver, driver instructor, police, lawyer. Its probably fair to say that criminal records were a bar to employment in these vocations it would be well nigh impossible to fill available positions.
     

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