NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Abarquez v Commissioner for Fair Trading [2021] NSWCATOD 184 Hearing dates: 12 October 2021 Date of orders: 17 November 2021 Decision date: 17 November 2021 Jurisdiction: Occupational Division Before: J Levine, Senior Member Decision: (1) Decision under review set aside. (2) A tattooist licence is to be issued to the Applicant. (3) The licence referred to in (2) is to be subject to a condition requiring total abstinence from all or any prohibited drugs. Catchwords: ADMINISTRATIVE REVIEW – tattoo parlours – application for tattooist licence – adverse security determination – allegations of performing tattooing procedures while unlicensed – fit and proper person – criminal history – public interest – special conditions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Tattoo Parlours Act 2012 (NSW) Cases Cited: Allen v Commissioner for Fair Trading [2015] NSWCATAD 273 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Birch v Commissioner for Fair Trading and Commissioner of Police [2017] NSWCATAD 166 ERI v Commissioner for Fair Trading [2021] NSWCATOD 95 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 Mielczarek v Commissioner of Fair Trading [2017] NSWCATAD 5 Smith v Commissioner of Police & Commissioner for Fair Trading [2014] NSWCATAD 184 Ting v Department of Fair Trading [2017] NSWCATAD 304 Wright v Commissioner for Fair Trading [2017] NSWCATAD 98 Texts Cited: None Category: Principal judgment Parties: John Paul Abarquez (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Solicitors: Applicant (Self-Represented) Crown Solicitor (Respondents) File Number(s): 2021/00155393 Publication restriction: Nil
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