Nguyen v Department of Fair Trading [2019] NSWCATOD 204

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nguyen v Department of Fair Trading [2019] NSWCATOD 204 Hearing dates: 1 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Occupational Division Before: Emeritus Prof G D Walker, Senior Member Decision: (1) The determination under review is 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: LICENSING – tattooists – fit and proper person – public interest – drug conviction – rehabilitation – licence condition. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Tattoo Parlours Act 2012 (NSW) Tattoo Parlours Regulation 2013 (NSW). Cases Cited: Allen v Commissioner for Fair Trading [2015] NSWCATAD 273; Austin v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAP 179; Australian Broadcasting Tribunal v Bond(1990) 170 CLR 321; Butler v Commissioner for Fair Trading [2017] NSWCATAD 138; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police v Toleafoa [1999] NSWADTAP 9; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Dessman v Commissioner for Fair Trading [2015] NSWCATAD 255; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Director of Public Prosecutions v Smith [1991] Vic Rep 6, (1991) 1 VR 63; Health Care Complaints Commission v Do [2014] NSWCA 307; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Moujalli v Roads and Maritime Services [2017] NSWCATAD 141; Naziry v Director-General, Department of Transport [2004] NSWADT 40; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Saadieh v Director-General, Department of Transport [1999] NSWADT 68; Smith v Commissioner of Police [2014] NSWCATAD 184; Sobey v Commercial and Private Agents Board (1979) 22 SASR 70; Stiles v Commissioner for Fair Trading [2017] NSWCATAP 44; Wright v Commissioner for Fair Trading [2017] NSWCATAD 98. Category: Principal judgment Parties: Mr Jason Nguyen (Applicant) Department of Fair Trading (First Respondent) Commissioner of Police, New South Wales Police Force (Second Respondent) Representation: Solicitors: J Nguyen (Self Represented)(Applicant) Crown Solicitor's Office (Respondents) File Number(s): 2018/00372683