O’Neall v Commissioner of Fair Trading [2017] NSWCATAD 84

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: O'Neall v Commissioner of Fair Trading [2017] NSWCATAD 84 Hearing dates: 29 June 2016, 2 December 2016, 20 and 24 February 2017. Date of orders: 24 March 2017 Decision date: 24 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G Walker, Senior Member. Decision: Decision under review set aside. Catchwords: TATTOO PARLOURS - licensing – refusal of operator licence – adverse security report by Commissioner of Police – suspension of decision –fit and proper person – public interest – psychologist evidence. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Tattoo Parlours Act 2012. Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; AVS Group of Companies Pty Ltd v Commissioner of Police, New South Wales Police Force (2010) 78 NSWLR 302; Blisset v Commissioner of Police [2006] NSWADT 114; Commissioner of Police, New South Wales Police Service v Toleafoa [1999] NSWADTAP 9; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1955) 93 CLR 127; Melbourne v R (1999) 198 CLR 1; Murphy v Chief Commissioner of State Revenue [2012] NSWADT 221; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Saadieh v Director-General, Department of Transport [1999] NSWADT 68; Smith v Commissioner of Police and Commissioner of Fair Trading [2014] NSWCATAD 184; Sobey v Commercial and Private Agents Board (1979) 22 SASR 70. Category: Principal judgment Parties: Gavin G O'Neall (applicant) Commissioner of Fair Trading (First Respondent) Commissioner of Police, New South Wales Police Force (Second Respondent). Representation: Counsel: Mr N Hardy (applicant) Ms Douglas-Baker (First and Second respondent).