Mielczarek v Commissioner of Fair Trading and Commissioner of Police, NSW Police Force [2017] NSWCATAD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mielczarek v Commissioner of Fair Trading and Commissioner of Police, NSW Police Force [2017] NSWCATAD 5 Hearing dates: 10 February 2016; 31 May 2016; 11 July 2016; 18 July 2016 Date of orders: 04 January 2017 Decision date: 04 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decisions under review are set aside. 2. The decision is made that the licences are granted. Catchwords: TATTOO PARLOURS – operator licence – close associate –fit and proper person – public interest Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013; Tattoo Parlours Act 2012. Cases Cited: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 at AVS Group Pty Ltd v Commissioner of Police, NSW Police Force [2012] NSWADT 1 Blisset v Commissioner of Police, New South Wales Police Service [2006] NSWADT 114 Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657 Constantin v Commissioner of Police, New South Wales Police Force (GD) [2013] NSWADTAP 16 Director of Public Prosecutions v Smith [1991] VicRp 6; [1991] 1 VR 63 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Mielczarek v Commissioner of Police and Commissioner for Fair Trading [2016] NSWCATAD 34 Mielczarek v Commissioner of Police, NSW Police Force (No 2) [2016] NSWCATAP 255 O'Sullivan v Farrar [1989] HCA 61; (1989) 168 CLR 210 Re Queensland Electricity Commission; ex parte Electrical Trades Union of Australia (1987) 72 ALR 1 Smith v Commissioner of Police & Anor [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Stiles v Commissioner for Fair Trading & Commissioner of Police, NSW Police Force [2016] NSWCATAD 30 Category: Principal judgment Parties: Dawn Belinda Mielczarek (Applicant) Commissioner of Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: N Allen (Applicant) Ms Rao (Respondents)