SMC v Department of Fair Trading [2019] NSWCATOD 206

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: SMC v Department of Fair Trading [2019] NSWCATOD 206 Hearing dates: 9 January 2019 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Occupational Division Before: Naida Isenberg, Senior Member Decision: The decision under review is set aside and the application for a tattooist licence is granted. Catchwords: ADMINISTRATIVE LAW – tattooist licence – adverse security determination - fit and proper person – public interest Legislation Cited: Children (Criminal Proceedings) Act 1987 Civil and Administrative Tribunal Act 2013 Tattoo Parlours Act 2012 Tattoo Parlour Regulations Cases Cited: Allen v Commissioner of Fair Trading [2015] NSWCATAD 273 Austin v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAP 179 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Dyas v Director-General, Fair Trading and Commissioner of Police [2014] NSWCATAD 223 Hughes and Vale Pty Ltd v New South Wales (No.2) [1955] HCA 28 Mielczarek v Commissioner of Fair Trading [2017] NSWCATAD 5 Naziry v Director- General, Ministry of Transport [2004] NSWADT 40 Owen v Commissioner for Fair Trading [2017] NSWCATAD 137 Roberts v Commissioner for Fair Trading [2016] NSWCATAD 218 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Smith v Commissioner of Police NSW Police Force and NSW Fair Trading [2014] NSWCATAD 184 Wright v Commissioner for Fair Trading [2017] NSWCATAD 98 Zahra v Commissioner of Police, NSW Police Force and NSW Fair Trading [2014] NSWCATAD 211 Texts Cited: Nil Category: Principal judgment Parties: SMC (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: M Kalyk (First and Second Respondents)