DLY v Commissioner for Fair Trading [2018] NSWCATOD 212

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DLY v Commissioner for Fair Trading [2018] NSWCATOD 212 Hearing dates: 5 March 2018 Date of orders: 8 June 2018 Decision date: 08 June 2018 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: 1. The disclosure of the applicant's name is prohibited.

2. The first respondent's decision to refuse to grant the applicant a tattooist licence is set aside.

3. In substitution for the first respondent's decision, the applicant is to be granted a tattooist licence. Catchwords: ADMINISTRATIVE LAW – Tattoo Parlours – Review of decision to refuse to grant applicant a tattooist licence – Where applicant had criminal history including violent offences – Where applicant's crimes were alcohol-related – Where applicant had given up alcohol and made positive life changes – Whether applicant a fit and proper person – Whether it is contrary to the public interest for him to hold a tattooist licence – Relevance of disqualification from holding a licence under Security Industry Act 1997 Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Security Industry Act 1997 (NSW) Tattoo Parlours Act 2012 (NSW) Tattoo Parlours Regulation 2013 (NSW) Cases Cited: Austin v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2015] NSWCATAD 244 Austin v Commissioner of Fair Trading and Commissioner of Police [2016] NSWCATAP 179 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 589 Deakin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAD 2 Hallman v Commissioner for Fair Trading and Commissioner of Police [2017] NSWCATAD 136 Lee v Health Care Complaints Commission [2012] NSWCA 80 Moore v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAD 80 Mumby v Commissioner for Fair Trading [2017] NSWCATAD 27 Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Category: Principal judgment Parties: DLY (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: