Collins v Department of Fair Trading [2019] NSWCATOD 36

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Collins v Department of Fair Trading [2019] NSWCATOD 36 Hearing dates: 18 September 2018, 29 November 2018, 20 February 2019. Date of orders: 12 March 2019 Decision date: 12 March 2019 Before: Emeritus Prof G D Walker, Senior Member Decision: (1) Decision under review affirmed. (2) Pursuant to s 64(1)(d) of the CAT Act, the contents of confidential exhibits CR 8 and CR 11 and the transcripts and records of the confidential hearings are not to be disclosed to the applicant. (3) Pursuant to s 64(1)(c) of the CAT Act, the contents of confidential exhibits CR 8 and CR 11 and the transcripts and records of the confidential hearings are not to be published. (4) The stay order made on 27 July 2018 is to remain in operation until 12 April 2019. Catchwords: LICENSING – tattoo parlours – operator licence – fit and proper person – public interest – whether links with an OMCG – stay order. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Tattoo Parlours Act 2012 (NSW) Cases Cited: Birch v Commissioner of Police, New South Wales Police Force [2017] NSWCATAD 166; Comalco Aluminium (Bell Bay) Ltd v O'Connor (1995) 131 ALR 657; Commissioner of Police v Toleafoa [1999] NSWADTAP 9; Director of Public Prosecutions v Collins [2004] VSCA 179; Director of Public Prosecutions v Smith [1991] Vic Rep, (1991) 1 VR 63; Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60; Estermann v Commissioner of Police, New South Wales Police Force [2014] NSWCATOD 70; Constantin v Commissioner of Police, New South Wales Police Force [2013] NSWADTAP 16; Health Care Complaints Commission v Do [2014] NSWCA 307; Moujalli v Roads and Maritime Services [2017] NSWCATAD 141; Naziri v Director-General, Ministry of Transport [2004] NSWADT 40; O'Sullivan v Farrer [1998] HCA 61, (1998) 168 CLR 210; Project Blue Sky Inc. v Australian Broadcasting Authority [1998] HCA 28, (1998) 194 CLR 355; Smith v Commissioner of Police, New South Wales Police Force and Commissioner of Fair Trading [2014] NSWCATAD 184; Stuart v Commissioner for Fair Trading [2018] NSWCATAD 39. Category: Principal judgment Parties: Mr Brett A Collins (Applicant)