Wieckowski v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2016] NSWCATAD 254

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wieckowski v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2016] NSWCATAD 254 Hearing dates: 11 October 2016 Date of orders: 08 November 2016 Decision date: 08 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: The Applicant's request for an order staying or otherwise affecting the operation of the decision of the Commissioner for Fair Trading to refuse his application for a tattoo operator's licence is refused. Catchwords: STAY ORDERS – where administrator refused application for licence – meaning of words "staying or otherwise affecting the operation of the decision" – whether power in s 60(2) of the Administrative Decisions Review Act 1997 is positive or merely negative Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41(2) Administrative Decisions Review Act 1997 (NSW), s 60 Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013, cl 29 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police (2010) 78 NSWLR 302 Civil Aviation Safety Authority v Hotop (2005) 145 FCR 232 Leslie William Alexander and Migration Agents Registration Board [1995] AATA 261 Re Nelson and Tax Agents' Board (Qld) (1993) 30 ALD 317 Shi v Migration Institute of Australia Ltd (2003) 134 FCR 326 Texts Cited: DC Pearce, Australian Administrative Law, LexisNexis Category: Procedural and other rulings Parties: David Wieckowski (Applicant) Commissioner for Fair Trading (1st Respondent) Commissioner of Police, NSW Police Force (2nd Respondent) Representation: Solicitors: Applicant (self-represented) Crown Solicitor's Office (1st and 2nd Respondents) File Number(s): 1610623 Publication restriction: Nil