Ting v Department of Fair Trading [2017] NSWCATAD 304

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Ting v Department of Fair Trading [2017] NSWCATAD 304 Hearing dates: 27 September 2017 Date of orders: 19 October 2017 Decision date: 19 October 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) Decision under review set aside.

(2) The applicants' application for a Tattooist licence is granted.

(3) Pursuant to s 64(1)(b), (c) and (d) of the CAT Act, the recording and transcript of the confidential hearing on 27 September 2017, confidential exhibit CR 5 and the paragraphs of these reasons marked "[Not for publication]" are not for publication or for disclosure to the applicant or the first respondent. Catchwords: TATTOO PARLOURS – tattooist licence – fit and proper person – public interest –criminal record –no links to organized crime or OMCGs –rehabilitation -disqualification under other legislation. Legislation Cited: Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Tattoo Parlours Act 2012; Tattoo Parlours Regulation 2013. Cases Cited: Allen v Commissioner of Fair Trading [2015] NSWCATAD 273; Austin v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2016] NSWCATAP 179; Birch v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166; Butler v Commissioner for Fair Trading [2017] NSWCATAD 138; Comalco Aluminium (Bell Bay) Pty Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police v Toleafoa [1999] NSWCATAP 9; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65; Director of Public Prosecutions v Smith [1991] Vic Rep 6, (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Health Care Complaints Commission v Do [2014] NSWCA 307; Hughes and Vale Pty Ltd v New South Wales (No. 2) [1955] HCA 28, (1955) 93 CLR 127; Moujalli v Roads and Maritime Services [2017] NSWCATAD 141; Naziry v Director-General, Ministry of Transport [2004] NSWADT 40; O'Sullivan v Farrer [1989] HCA 61, (1989) 168 CLR 210; Project Blue Sky Inc v Australian Broadcasting Tribunal [1998] HCA 28, (1998) 194 CLR 355; Smith v Commissioner of Police, New South Wales Police Force NSWCATAD 184; Stiles v Commissioner of Fair Trading [2017] NSWCATAP 44; Wright v Commissioner of Fair Trading [2017] NSWCATAD 98. Category: Principal judgment Parties: John Ross Ting (Applicant) Department of Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: In Person (Applicant)