McDonald v Commissioner of Fair Trading [2017] NSWCATAD 330

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v Commissioner of Fair Trading [2017] NSWCATAD 330 Hearing dates: 23 October 2017 Date of orders: 16 November 2017 Decision date: 16 November 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: 1. Decision under review affirmed.

2. Stay of decision under review lifted.

3. Pursuant to s 64(1)(b), (c) and (d) of the Civil and Administrative Tribunal Act 2013, (i) the recording and transcript of the confidential hearing held on 23 October 2017 pursuant to s 49(2) of the Act, (ii) confidential exhibit CR 9 with attachments, and (iii) paragraphs in these reasons marked "[Not for publication]" are not for publication or for release to the applicant or the first respondent. Catchwords: TATTOO PARLOURS – operator licensing – Fit and proper person – public interest. Legislation Cited: Administrative Decisions Review Act 1997 Competition and Consumer Act 2010 (Cth) -Australian Consumer Law Business Names Registration Act 2011 (Cth) Civil and Administrative Tribunal Act 2013 Tattoo Parlours Act 2012 Cases Cited: Allen v Commissioner of Fair Trading [2015] NSWCATAD 273; Austin v Commissioner of Fair Trading (CFT) and Commissioner of Police (CoP) [2016] NSWCATAP 179; Constantin v CoP [2013] NSWADTAP 16; Deakin v CFT and CoP [2016] NSWCATAD 2; Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321; Blisset v CoP [2006] NSWADT 114; CoP 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; Lal v Director-General, Department of Transport [2001] NSWADT 74; McCurday v CFT [2017] NSWCATAD 35; Melbourne v R (1999) 198 CLR 1; Mielczarek v Commissioner of Police [2016] NSWCATAP 255 Murphy v Chief Commissioner of State Revenue [2012] NSWADT 221; Pillai v Messiter (No. 2) (1989) 16 NSWLR 197; 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: Steven W McDonald (Applicant) Commissioner of Fair Trading (First respondent) Commissioner of Police, New South Wales Police Force (Second respondent)' Representation: Applicant in person