ERI v Commissioner for Fair Trading [2021] NSWCATOD 95

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ERI v Commissioner for Fair Trading [2021] NSWCATOD 95 Hearing dates: 21 May 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: 1. The decision to refuse to grant the Applicant a tattoo operator licence is set aside. 2. In substitution, the decision is made that the application for a tattoo operator licence is granted. Catchwords: ADMINISTRATIVE REVIEW - tattoo parlours – tattoo operator licence - adverse security determination - fit and proper person - public interest Legislation Cited: Administrative Decisions Review 1997 Criminal Records Act 1991 Evidence Act 1995 Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Allen v Commissioner for Fair Trading [2015] NSWCATAD 273 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Brown v Department of Fair Trading [2020] NSWCATAD 313 Collins v Department of Fair Trading [2019] NSWCATOD 36 Deakin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAD 2 DLY v Commissioner for Fair Trading [2018] NSWCATAD 125 Do v Commissioner for Fair Trading [2020] NSWCATOD 101 Hallman v Commissioner for Fair Trading and Commissioner of Police [2017] NSWCATAD 136 Holdstock v Department of Fair Trading [2018] NSWCATOD 200 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 81 Lu v Commissioner for Fair Trading (No. 2) [2018] NSWCATAD 221 McDonald v Director General of Social Security (1984) 1FCR 353 Mielczarek v Commissioner of Fair Trading [2017] NSWCATAD 5 Mumby v Commissioner for Fair Trading [2017] NSWCATAD 27 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Naziry v Director-General, Ministry of Transport [2004] NSWADT 40 Petas v Commissioner of Police, New South Wales Police [2013] NSWADT 137 Roberts v Commissioner for Fair Trading [2016] NSWCATAD 218 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Shi v Migration Agents Registration Authority [2008] HCA 31 Smith v Commissioner of Police & Anor [2014] NSWCATAD 184 Wright v Commissioner for Fair Trading [2017] NSWCATAD 98 Texts Cited: None Category: Principal judgment Parties: ERI (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondents) File Number(s): 2021/00084951 Publication restriction: Nil