Wade v Commissioner for Fair Trading [2017] NSWCATAP 33

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wade v Commissioner for Fair Trading [2017] NSWCATAP 33 Hearing dates: 30 November 2016 Date of orders: 17 February 2017 Decision date: 17 February 2017 Jurisdiction: Appeal Panel Before: K O'Connor, AM, ADCJ, Deputy President, Appeals S Montgomery, Senior Member Decision: Appeal dismissed Catchwords: OCCUPATIONAL REGULATION – Tattoo Parlours Industry – Refusal of operator licence – cancellation of tattooist licence – following adverse security determination by Commissioner of Police – Affirmed by Tribunal – Appeal – Whether Tribunal had regard to relevant considerations – Appeal dismissed. 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 Commissioner of Police v Sleiman & AVS Group of Companies Pty Ltd & Ors [2011] NSWCA 21 GWVR and Director-General of Security [2010] AATA 1062 House v R [1936] HCA 40; (1936) 55 CLR 499 Wainohu v New South Wales [2011] HCA 24 Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 State of New South Wales v Public Transport Ticketing Corporation (No 3) [2011] NSWCA 200 Category: Principal judgment Parties: Malcolm Victor Charles Wade (Appellant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Solicitors: M Wade (Appellant in person) Crown Solicitor's Office (Respondents) File Number(s): AP 16/21487 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 applies to the material filed by the Respondents on a confidential basis. That material is not to be released either to the Appellant or to the public. Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: Wade v Commissioner of Fair Trading [2016] NSWCATAD 149 Date of Decision: 18 July 2016 Before: A Scahill, Senior Member File Number(s): 1610139