Brown v Department of Fair Trading [2020] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Brown v Department of Fair Trading [2020] NSWCATOD 174 Hearing dates: 12 November 2020 Date of orders: December 2020 Decision date: 11 December 2020 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: (1) The decision under review is set aside . (2) The decision is made that the tattoo operator licence is granted. Catchwords: ADMINISTRATIVE REVIEW - tattoo parlours – tattoo operator licence - adverse security determination - fit and proper person - public interest Legislation Cited: Evidence Act 1995 Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Collins v Department of Fair Trading [2019] NSWCATOD 36 Do v Commissioner for Fair Trading [2020] NSWCATOD 101 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28; (1955) 93 CLR 127 Lal v Director-General, Department of Transport [2001] NSWADT 74 Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATAD 81 Naziry v Director-General, Ministry of Transport [2004] NSWADT 40 Roberts v Commissioner for Fair Trading [2016] NSWCATAD 218 Smith v Commissioner of Police & Commissioner for Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Texts Cited: None cited Category: Principal judgment Parties: Joel Phillip Brown (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: A Douglas-Baker (Respondent)