Avnell v Commissioner for Fair Trading [2018] NSWCATAD 58

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Avnell v Commissioner for Fair Trading [2018] NSWCATAD 58 Hearing dates: 4 December 2017 and 26 February 2018 Date of orders: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: 1. The decision under review is set aside.

2. In substitution for the decision under review, the Applicant's application for a tattooist licence is granted. Catchwords: ADMINISTRATIVE LAW – tattooist licence – licence renewal - fit and proper person – public interest Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Tattoo Parlours Act 2012 (NSW) Cases Cited: Allen v Commissioner of Fair Trading [2015] NSWCATAD 273 Austin v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAP 179 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Director-General, Transport New South Wales v AIC (GD) [2011] NSWADTAP 65 Dyas v Director-General, Fair Trading and Commissioner of Police [2014] NSWCATAD 223 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Smith v Commissioner of Police NSW Police Force and NSW Fair Trading [2014] NSWCATAD 184 Zahra v Commissioner of Police, NSW Police Force and NSW Fair Trading [2014] NSWCATAD 211 Category: Principal judgment Parties: Nathan Avnell (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: J Ireland (Applicant) A Douglas-Baker (First and Second Respondents)