McDonald v Commissioner for Fair Trading [2018] NSWCATAP 164

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McDonald v Commissioner for Fair Trading [2018] NSWCATAP 164 Hearing dates: 02 March 2018 Date of orders: 09 July 2018 Decision date: 09 July 2018 Jurisdiction: Appeal Panel Before: P Durack SC, Senior Member S Higgins, Senior Member Decision: (1) Appellant's application for leave to appeal is refused.

(2) The appeal is dismissed.

(3) The stay of the decision of the First Respondent, made on 20 July 2017, to refuse the appellant's application for an operator licence is lifted within 21 days of this decision.

(4) The recording and transcript of the confidential part of the hearing of the appeal held on 2 March 2018 are not to be published or released to the applicant. Catchwords: APPEAL – appeal from a decision of the Tribunal to affirm a decision of first respondent to refuse appellant's application for an operator licence to operate a carry on a body art tattooing business – application of fit and proper person test – no error of law – relevance of traffic offences – conclusions reasonably open to the Tribunal - – no appealable error found Legislation Cited: Administrative Decisions Tribunal Act 1997 Civil and Administrative Tribunal Act 2013 Crimes (Criminal Organisations Control) Act 2012 Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013 Cases Cited: Austin v Commissioner of Fair Trading & Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Commissioner of Police [2016] NSWCATAP 179 Austin v Commissioner of Fair Trading & Commissioner of Police [2015] NSWCATAD 244 Deakin v Commissioner of Fair Trading and Commissioner of Police [2016] NSWCATAD 2 Hughes and Vale Pty Ltd v New South Wales (N0 2) [1955] HC 28; (1955) 170 CLR 127 McCurday v Commissioner of Fair Trading [2017] NSWCATAD 35 Smith v Commissioner of Police and Commissioner of Fair Trading [2014] NSWCATAD 184 Saadieth v Director-General Department of Transport [1999] NSWADT 68 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Category: Principal judgment Parties: Steven McDonald (Appellant) Commissioner for Fair Trading (First Respondent) Commissioner of Police (Second Respondent) Representation: Counsel: J McDonald (Respondents)