Birch v Commissioner for Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Birch v Commissioner for Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166 Hearing dates: 10 May 2017 Date of orders: 25 May 2017 Decision date: 25 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof G Walker, Senior Member Decision: (1)The decision under review is affirmed. (2) Pursuant to s 64(1)(b),(c) and (d) of the CAT Act, the recording and transcript of the confidential hearing on 10 May 2017, confidential exhibit CR 6 and paragraphs 15, 16, 17 and 65 are not for publication or for disclosure to the public, applicant or first respondent. Catchwords: TATTOO PARLOURS – licence – fit and proper person – public interest – domestic violence. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Tattoo Parlours Act 2012 Cases Cited: Austin v Commissioner of Fair Trading (CFT) and Commissioner of Police, New South Wales Police Force (CoP) [2016] NSWCATAP 179; Comalco Aluminium (Bell Bay) v O'Connor (1995) 131 ALR 657; CoP v Toleafoa [1999] NSWADTAP 9; Constantin v CoP [2013] NSWADTAP 16; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Director of Public Prosecutions v Smith (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Esterman v CoP [2014] NSWCATOD 70; Health Care Complaints Commission v Do [2014] NSWCA 307; Hughes and Vale Pty Ltd v New South Wales (No. 2) (1995) 93 CLR 127; Moujalli v Roads and Maritime Services [2017] NSWCATAD 11; Naziry v Director-General, Ministry of Transport [2004] NSWADT 40; O'Sullivan v Farrer (1989) 168 CLR 210; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Re Prasad and Minister for Immigration and Ethnic Affairs (1994) 35 ALD 780; Smith v CoP and CFT [2014] NSWCATAD 184; Wright v CFT [2017] NSWCATAD 98. Category: Principal judgment Parties: Adam J Birch (applicant) Commissioner for Fair Trading (first respondent) and Commissioner of Police, New South Wales Police Force (second respondent). Representation: Counsel: A Kalyk (respondents)