Fisher v Department of Fair Trading [2019] NSWCATOD 208

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Fisher v Department of Fair Trading [2019] NSWCATOD 208 Hearing dates: 6 March 2019 Date of orders: 5 June 2019 Decision date: 05 June 2019 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision made on 10 December 2018 to cancel the applicant's tattoo licence is set aside. Catchwords: TATTOO PARLOURS- tattoo licence – adverse security determination - fit and proper person – public interest – tattooing young person under the age of 18 years without parental consent - criminal record – decision set aside Legislation Cited: Administrative Decisions Review Act 1997 Children and Young Persons (Care and Protection) Act 1998 Tattoo Parlours Act 2012 Cases Cited: Austin v Commissioner for Fair Trading [2016] NSWCATAP 179 Birch v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166 Constantin v Commissioner of Police, NSW Police Force (GD) [2013] NSWADTAP 16 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 NSW Bar Association v Cummins [2001] NSWLA 52 Pillai v Messiter [No 2] (1989) NSWLR 197 Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 Thiess v Collector of Customs [2014] HCA 12; 306 ALR 594 Ting v Department of Fair Trading [2017] NSWCATAD 304 Wright v Commissioner for Fair Trading [2017] NSWCATAD 98 Category: Principal judgment Parties: Kim Theresa Fisher (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: