Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATOD 209

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Larter v Commissioner for Fair Trading; Commissioner of Police, New South Wales Police Force [2019] NSWCATOD 209 Hearing dates: 1 May 2019 Date of orders: 15 May 2019 Decision date: 15 May 2019 Jurisdiction: Occupational Division Before: Emeritus Prof G D Walker, 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. (4) Pursuant to s 64(1)(d) of the CAT Act, the contents of confidential exhibits CR 4 and CR 5 and of all paragraphs of these reasons marked "[Not for publication]", and the transcripts and records of the confidential hearing are not to be disclosed to the applicant. (5) Pursuant to s 64(1)(c) of the CAT Act, the contents of confidential exhibits CR 4 and CR 5 and of all paragraphs of these reasons marked "[Not for publication]", and the transcripts and records of the confidential hearing are not to be published. Catchwords: LICENSING – tattoo parlours – application for tattooist licence – fit and proper person – record of drug convictions – public interest – weight of references – 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; Avnell v Commissioner of Fair Trading [2018] NSWCATAD 58; Austin v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAP 179; 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; Dessmann v Commissioner for Fair Trading [2015] NSWCATAD 255; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Director of Public Prosecutions v Smith [1991] Vic Rep 6, (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Health Care Complaints Commission v Do [2014] NSWCA 307; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Lindroos v Commissioner of Fair Trading [2016] NSWCATAD 175; Moujalli v Roads and Maritime Services [2017] NSWCATAD 141; Naziry v Director-General, Department of Transport [2004] NSWADT 40; O'Sullivan v Farrer [1989] HCA 61, (1989) 168 CLR 210; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Smith v Commissioner of Police [2014] NSWCATAD 184; Stiles v Commissioner for Fair Trading [2017] NSWCATAP 44; Wright v Commissioner for Fair Trading [2017] NSWCATAD 98. Category: Principal judgment Parties: James Larter (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, New South Wales Police Force (Second Respondent) Representation: Counsel: D Birch (respondents)