Holdstock v Department of Fair Trading [2018] NSWCATOD 200

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Holdstock v Department of Fair Trading [2018] NSWCATOD 200 Hearing dates: 9 July 2018 Date of orders: 21 December 2018 Decision date: 21 December 2018 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member Decision: 1. The decision by the Department of Fair Trading to refuse to grant the Applicant a tattooist licence is set aside.

2. In substitution the decision is made that the application for a tattooist licence is granted. Catchwords: ADMINISTRATIVE LAW – adverse security determination –Tattooist's licence – fit and proper person – public interest Legislation Cited: Tattoo Parlours Act 2012 Tattoo Parlours Regulation 2013 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Cases Cited: Austin v Commissioner of Fair Trading and Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321 Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 49 FCR 589 DLY v Commissioner for Fair Trading [2018] NSWCATAD 125 at [26] Hughes and Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 In Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Moore v Commissioner for Fair Trading and Commissioner of Police [2016] NSWCATAD 80 Mumby v Commissioner for Fair Trading [2017] NSWCATAD 27 at [21] Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184 Category: Principal judgment Parties: Luke Holdstock (Applicant) Department of Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: L Holdstock (Applicant in person)