Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Hearing dates: 15 April 2016, further written submissions on 26 and 29 April 2016. Date of orders: 04 August 2016 Decision date: 04 August 2016 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member Dr J Lucy, Senior Member Decision: Leave to appeal refused. Appeal dismissed. Catchwords: APPEAL – decision to refuse tattooist licence – adverse security determination by Commissioner of Police - administrative review of decision- application of fit and proper test under Tattoo Parlours Act – criminal history and issue of rehabilitation – significance of outlaw motorcycle gangs - relevance of confidential criminal intelligence – appeal rights hindered by exclusion from criminal intelligence. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW). Tattoo Parlours Act 2012 (NSW) Public Health Act 1991 (NSW) Public Health Regulation 2012 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 Collins v Urban [2014] NSWCATAP 17 Commissioner of Police v Sleiman & AVS Group of Companies [2011] NSWCA 21 Hughes and Vale Pty Ltd v NSW (No. 2) [1955] HCA 28; (1955) 93 CLR 127 Khan v Roads and Maritime Services [2014] NSWCATOD 23 Lal v Director-General Department of Transport [2001] NSWADT 74 New South Wales v Public Transport Ticketing Corporation (No 3) [2011] NSWCA 200 Singh v Roads and Maritime Services [2015] NSWCATOD 66 Smith v Commissioner of Police NSW, Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Zahra v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Mathew Leslie Austin (Appellant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: Ms Rao (Respondents)