Asencio v Department of Fair Trading [2018] NSWCATAD 136

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Asencio v Department of Fair Trading [2018] NSWCATAD 136 Hearing dates: 18 June 2018 Date of orders: 29 June 2018 Decision date: 29 June 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof GD Walker, Senior Member Decision: (1) The decision under review is affirmed.

(2) Pursuant to s 64(1)(b), (c) and (d) of the CAT Act, the recording and transcript of the confidential hearing on 18 June 2018, confidential exhibit CR4 and the paragraphs of these reasons marked "[Not for publication]" are not for publication or for disclosure to the applicant or the first respondent.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: TATTOOISTS – adverse security determination – licensing – fit and proper person – public interest – criminal record – whether rehabilitated. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) (CAT Act) Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) Tattoo Parlours Act 2012 (NSW) Tattoo Parlours Regulation 2013 (NSW). Cases Cited: Austin v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 244,[2016] NSWCATAP 179; Birch v Commissioner of Fair Trading and Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166; Commissioner of Police v Toleafoa [1999] NSWADTAP 9; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Director of Public Prosecutions v Smith [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; Lee v Health Care Complaints Commission [2012] NSWCA 80; Moujalli v Roads and Maritime Services [2017] NSWCATAD 141; O'Sullivan v Farrer (1989) 168 CLR 210; Project Blue Sky Inc. v Australian Broadcasting Tribunal [1998] HCA 28, (1998) 194 CLR 355; Smith v Commissioner of Police and Commissioner of Fair Trading [2014] NSWCATAD 184; Ting v Department of Fair Trading [2017] NSWCATAD 304; Wright v Commissioner of Fair Trading [2017] NSWCATAD 98. Category: Principal judgment Parties: Lee Asencio (Applicant) Department of Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: In person (Applicant)