A Canberra security guard who was convicted of assault has been allowed to keep his licence despite an attempt by the industry regulator to have it revoked.
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Samuel Walton, 29, was found guilty of assault occasioning bodily harm in the ACT Magistrates Court in April this year.
Police arrested Mr Walton after he pushed his partner of 10 years over a table and punched her in the shoulder, leaving a bruise, during a heated argument at the end of their relationship in February.
Mr Walton was placed on an 18-month good behaviour bond and fined $300, but was allowed to keep his security licence.
He resigned from his job as security guard at the front desk of a government department shortly after he told his employer and the ACT Fair Trading Commission about his conviction.
The Commissioner took the matter to the ACT Civil and Administrative Tribunal in a bid to have Mr Walton's licence suspended and then cancelled.
Following a hearing earlier this month, ACAT presidential member Bill Stefaniak ordered it was in the public interest that Mr Walton retain his licence, as long as a set of conditions was imposed.
In a decision published this week , Mr Stefaniak said while the assault was serious, the evidence before him indicated it was a one-off offence.
Mr Stefeniak acknowledged there was ''a heavy onus'' placed on security industry professionals.
''The public has a right to expect there to be strong and rigorous tests applied to the suitability of a person to be a security guard,'' Mr Stefaniak said.
But he said Mr Walton was unlikely to reoffend and the conditions imposed on his licence would be enough to protect the community.
He said Mr Walton, who had worked as a security guard for nine years, was of ''excellent character'' and did not have a history of aggression.
Mr Stefaniak said Mr Walton had allegedly been assaulted by his former partner when they were together.
''He had, for many years, lived in a tempestuous relationship and had always managed to control himself,'' Mr Stefaniak said.
''What is more, he never took his personal problems to work. His work was exemplary.''
Mr Walton had no prior convictions and had made an effort to overcome his problems through anger management courses and relationship training, Mr Stefaniak said.
He suspended Mr Walton's licence for three weeks while the conditions were decided upon to reflect his ''serious, out-of-character offending behaviour''.
Under the new conditions, Mr Walton is required to inform the commission of any change of employment within a week, and to make sure any new employers recorded knowledge of his conviction.
He must also advise the regulator of any further criminal charges within a week of the offence.
While some criminal convictions can lead to a security guard's licence being automatically cancelled, ACAT and the Commissioner have the power to decide on the employee's fate if their penalty does not include a jail term or fines of more than $500.