Lonergan v Commissioner for Fair Trading [2017] NSWCATAD 187

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lonergan v Commissioner for Fair Trading [2017] NSWCATAD 187 Hearing dates: On the papers Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The application to extend time for the lodging of the application is dismissed. Catchwords: PROCEDURAL – extension of time – delay – length of delay – no reasonable explanation Legislation Cited: Tattoo Parlours Act 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2014 Cases Cited: Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 CFZ v Department of Education [2015] NSWCATAD 231 CFA v Department of Family and Community Services [2016] NSWCATAD 32 Kee v Commissioner of NSW Police Force [2016] NSWCATAD 73 Category: Procedural and other rulings Parties: Bradley Lonergan (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Solicitors: In Person (Applicant) NSW Crown Solicitor's Office (First and Second Respondents) File Number(s): 2017/00090303

REASONS FOR DECISION 1. On 20 August 2013 Mr Bradley Lonergan applied for a tattooist licence in accordance with s 11 of the Tattoo Parlours Act 2010. On 3 June 2015 a delegate of the Commissioner of Police made a determination that Mr Lonergan, because of his criminal history, is not a fit and proper person to be granted a licence. 2. Initially, on 25 June 2015, a letter was sent in error by the Commissioner for Fair Trading (Fair Trading) to the address provided by Mr Lonergan in his application advising him the licence had been approved. The next day, 26 June 2015, an officer of Fair Trading emailed Mr Lonergan to inform him that the letter had been sent in error. The officer stated he had attempted to contact Mr Lonergan on his mobile phone and at his workplace to no avail. 3. By letter dated 30 June 2015 Mr Lonergan was advised that his application for a tattooist licence had been refused. The letter was accompanied by a statement of reasons for the decision and an information sheet setting out Mr Lonergan's review rights. 4. On 16 February 2017 Mr Lonergan filed an application for review of the decision to refuse him a tattooist licence with the Tribunal. 5. The application is plainly out of time. In accordance with Rule 24(4)(b) of the Civil and Administrative Tribunal Rules 2014, a review application must be made within 28 days from the day on which the person was notified of the decision. Mr Lonergan filed his application more than 18 months out of time. Section 41 of the Civil and Administrative Tribunal Act 2013 provides that the Tribunal may extend the period of time for filing of an application for review of a decision.