Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 Hearing dates: 3 April 2018 Date of orders: 11 April 2018 Decision date: 11 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. The application for a stay of the decision to refuse to grant the Applicant a licence is refused. 2. Disclosure of an extract from the unredacted Adverse Security Determination dated 22 November 2017 is restricted to the Second Respondent, the legal representatives for the Second Respondent and the Tribunal pursuant to section 64(1)(d) of the Civil and Administrative Tribunal Act 2013 (NSW). 3. That part of the hearing dealing with the documents referred to in order 2 is to be conducted in the absence of the Applicant and the public pursuant to s 49(2) and s 64(1)(d) of the Civil and Administrative Tribunal Act 2013 and s 27(4)(b) of the Tattoo Parlours Act 2012. 4. The publication of that part of the hearing dealing with the documents referred to in order 2 is prohibited pursuant to s 64(1)(b) and (c) of the Civil and Administrative Tribunal Act 2013. Catchwords: INTERLOCUTORY ORDER – occupational licencing -application for a stay of decision not to grant a tattoo parlour operator's licence – interests of the applicant and the public Legislation Cited: Administrative Appeals Tribunal Act 1975 (Cth), s 41 Administrative Decisions Review Act 1997 (NSW), s 60 Civil and Administrative Tribunal Act 2013 (NSW), s 49(2), s 64(1) Crimes (Sentencing Procedure) Act 1999 (NSW), s 10(1)(b) Tattoo Parlours Act 2012 (NSW), s 6, s 23, s 27(4)(b) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Re Pelling and Secretary, Department of Aviation [1984] AATA 179; (1984) 5 ALD 638 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 Williamson v Director General, Department of Transport [2000] NSWADT 165 Category: Procedural and other rulings Parties: Catherine Loveday (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: A Isaacs (Applicant) D New (Respondents)