Hawes v Commissioner for Fair Trading [2017] NSWCATAD 30

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawes v Commissioner for Fair Trading [2017] NSWCATAD 30 Hearing dates: 4 October 2016 Date of orders: 16 January 2017 Decision date: 16 January 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The decision to refuse the Applicant's application for a tattooist licence is set aside. 2. The decision is made that the licence is granted Catchwords: tattooist licence - fit and proper person – public interest Legislation Cited: Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013 Cases Cited: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 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 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 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 Director-General, Ministry of Transport v FV (GD) [2008] NSWADTAP 60 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 Fair Trading and Commissioner of Police, NSW Police Force [2017] NSWCATAD 5. 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 NSW Police Force & 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: Clinton Hawes (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: A Rao (Second Respondent)