O’Donnell v Commissioner for Fair Trading [2016] NSWCATOD 171

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Donnell v Commissioner for Fair Trading [2016] NSWCATOD 171 Hearing dates: 15 February 2016 Date of orders: 26 July 2016 Decision date: 26 July 2016 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: (1) The decision to refuse the applicant's application for a tattooist licence is set aside.

(2) The applicant's application for a tattooist licence is granted.

(3) Pursuant to section 64 of the Civil and Administrative Tribunal Act 2013 the publication of paragraphs 27-38 (inclusive) of this decision (except to the second respondent) is prohibited. Catchwords: ADMINISTRATIVE LAW – Administrative review jurisdiction – Tattoo parlour licence – Fit and proper person – confidential evidence - Public interest. Legislation Cited: Civil and Administrative Tribunal Act 2013 Firearms Act 1996 Security Industry Act 1997 Tattoo Parlours Act 2012 Weapons Prohibition Act 1998 Cases Cited: Smith v Commissioner of Police NSW Police Force and Fair Trading [2014] NSWCATAD 187 Austin v Commissioner for Fair Trading and Commissioner of Police NSW Police Force [2015] NSWCATAD 244. AJO v Director-General Department of Transport [2012] NSWADT 101 Category: Principal judgment Parties: Brock O'Donnell (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, New South Wales Police Force (Second Respondent) Representation: Counsel: H El-Hage (First and Second Respondent)