Trajkovski v Commissioner for Fair Trading [2014] NSWCATAD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Trajkovski v Commissioner for Fair Trading [2014] NSWCATAD 14 Hearing dates: 21 January 2014 Decision date: 21 January 2014 Jurisdiction: Administrative and Equal Opportunity Division Before: Magistrate N Hennessy, Deputy President Decision: The decision to cancel the applicant's tattooist licence is stayed on the following conditions: 1. That the applicant only perform body art tattooing procedures: (a) on male clients of Wicked Ink Tattoo and Body Piercing Studio at 394 High Street Penrith; and (b) in the presence of a third person observing the procedure agreed to by the client; and (c) in a bay that is monitored by CCTV and which records all activity in the bay. 2. That the CCTV recording referred to in Order 1 not be overwritten. 3. That the CCTV recording referred to in Order 1 be preserved and produced to the Director, Security Licensing and Enforcement Directorate on demand. 4. The following orders are made: (a) The respondent is to be re-described as the first respondent; (b) The first respondent is to be re-named as the "Commissioner for Fair Trading"; (c) The Commissioner of Police is to be added as a party to the proceedings as second respondent. 5. Matter stood over for further directions on 30 January 2015 at 10 am. 6. Parties have liberty to apply to restore the matter to the list before that date. Catchwords: MERITS REVIEW - application to stay decision to cancel tattooist licence - applicant charged with sexual assault - whether public interest can be protected by imposition of conditions on licence Legislation Cited: Administrative Decisions Review Act 1997 Tattoo Parlours Act 2012 Cases Cited: Bahloul v Roads and Maritime Services [2013] NSWADT 200 Department of Transport and Infrastructure v Murray [2011] NSWADTAP 16 Farquharson v Director General, Department of Transport [1999] NSWADT 53 Rowe v Commissioner of Police [2010] NSWADT 307 Category: Interlocutory applications Parties: Saso Trajkovski (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel - P Boulten SC (Applicant) T Lynch SC (Second Respondent) B Wrench, Murphy's Lawyers (Applicant) C Fesel, Crown Solicitor's Office (First Respondent) A Paul, Crown Solicitor's Office (Second Respondent) File Number(s): 1410020