Haley v Commissioner of Fair Trading, Department of Finance, Services & Innovation [2017] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Haley v Commissioner of Fair Trading, Department of Finance, Services & Innovation [2017] NSWCATAD 48 Hearing dates: 17 October 2016 Date of orders: 08 February 2017 Decision date: 08 February 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: (1) The decision to refuse to grant the Applicant an operator licence in relation to the Fat Tatts and Body Piercing Parlour is set aside (2) In its place the decision is made that the licence is granted. Catchwords: TATTOO PARLOURS – operator licence – close associate –fit and proper person – public interest Legislation Cited: Tattoo Parlours Act 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: Austin v Commissioner of Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Baranski v Comcare (2013) 296 ALR 438 Blisset v Commissioner of Police, New South Wales Police Service [2006] NSWADT 114 Carr v Baker [1936] NSWStRp 20 Caswell v Powell Duffryn Associated Collieries Ltd [1940] AC 152 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 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577. Hawes v Commissioner for Fair Trading [2017] NSWCATAD 30 Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127 Jones v Great Western Railway Co (1930) 47 TLR 39 Layton v Vines [1952] HCA 19 McCurday v Commissioner for Fair Trading [2017] NSWCATAD 35 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 Nguyen v Cosmopolitan Homes (NSW) Pty Ltd [2008] NSWCA 246 O'Sullivan v Farrar [1989] HCA 61; (1989) 168 CLR 210 Seltsam Pty Limited v McGuiness; James Hardie & Coy Pty Limited v McGuiness (2000) 49 NSWLR 262 Smith v Commissioner of Police & Anor [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70, 75 State of New South Wales v Fuller-Lyons [2014] NSWCA 424. Zahra v Commissioner of Police NSW Police Force & NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Terri Ann Haley (Applicant) Commissioner for Fair Trading (1st Respondent) Commissioner of Police, NSW Police Force (2nd Respondent) Representation: Counsel: H El-Hage (1st and 2nd Respondents)