Munoz Merino v Commissioner for Fair Trading [2019] NSWCATOD 137

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Munoz Merino v Commissioner for Fair Trading [2019] NSWCATOD 137 Hearing dates: 10, 16 May 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: (1) The decision under review is set aside; (2) The decision is made that the tattooist licence be granted. Catchwords: ADMINISTRATIVE REVIEW – Tattooist licence – criminal history – whether applicant fit and proper person – whether contrary to public interest to grant licence – adverse security determination Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Commercial Agents and Private Inquiry Agents Act 2004 Crimes Act 1900 Firearms Act 1996 Security Industry Act 1997 Tattoo Parlours Act 2012 Weapons Prohibition Act 1998 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Allen v Commissioner for Fair Trading and Commissioner for Police [2015] NCWCATAD 273 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Birch v Commissioner for Fair Trading and Commissioner of Police [2017] NSWCATAD 166 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Constantin v Commissioner of Police [2013] NSWADTAP 16 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Lloyd v Director General, Department of Transport [2001] NSWADT 201 Nguyen v Department of Fair Trading [2019] NSWCATAD 71 Roberts v Commissioner for Fair Trading [2016] NSWCATAD 218 Smith v Commissioner of Police NSW Police Force and NSW Fair Trading [2014] NSWCATAD 184 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Stiles v Commissioner for Fair Trading & Anor [2017] NSWCATAP 44 Ting v Department of Fair Trading [2017] NSWCATAD 304 Texts Cited: None cited Category: Principal judgment Parties: Ezequiel Ignacio Muniz Merino (Applicant) Commissioner for Fair Trading (First Respondent) Commissioner of Police, NSW Police Force (Second Respondent) Representation: Counsel: Z Heger (Respondents)