PRIVATE SECURITY ACT 2004 - SECT 29A Refusal of private security licence on grounds of protected information

PRIVATE SECURITY ACT 2004 - SECT 29A

    (1)     If the Chief Commissioner makes a decision not to grant a licence under section 25(1)(a) or 26(1)(a) wholly or partly on the basis of protected information, to the extent that the Chief Commissioner's reasons for that decision relate to that protected information—

        (a)     sections 27, 28 and 29 do not apply; and

        (b)     the applicant is not entitled to be provided with those reasons.

    (2)     If a person is not entitled to some or all of the reasons for a decision under subsection (1), the Chief Commissioner must—

        (a)     notify the applicant that the application has been denied because the applicant or each relevant person in relation to the application has failed to meet the probity requirements; and

        (b)     create a written record of the reasons; and

        (c)     inform the applicant that—

              (i)     the Chief Commissioner has created a written record of those reasons; and

              (ii)     those reasons are not able to be disclosed to the applicant; and

              (iii)     he or she is entitled to seek review of the Chief Commissioner's decision by VCAT; and

        (d)     if the applicant seeks review of the decision by VCAT, provide VCAT with those reasons.

    (3)     In this section, relevant person in relation to the application has the same meaning as in section 26.

    (4)     Section 8 of the Administrative Law Act 1978 does not apply to a decision to which this section applies.