White v Commissioner of Fair Trading [2017] NSWCATAD 233

White v Commissioner of Fair Trading [2017] NSWCATAD 233

Although the Tribunal did not treat Mr White's Life and Death OMCG membership alone as making him not fit and proper, it found that his willingness to engage in intimidatory behaviour in the tattoo parlour workplace, his lack of insight into that conduct, his statement to police indicating readiness to defend Life and Death territory, his continuing committed membership of Life and Death, and the confidential material established that he was not fit and proper to be licensed and that granting a tattooist licence would be contrary to the public interest. The Tribunal was not satisfied that he knowingly tattooed unlawfully before January 2017 or that his traffic and noise matters alone...

Jurisdiction
Australia
Judgment Date
27 July 2017
Procedural Posture
Administrative Review of Refusal of Application for Tattooist Licence Under the Tattoo Parlours Act 2012 / Principal Judgment After Hearing; Review of 16 January 2017 Refusal Decision
Outcome
The Respondents' decision to refuse the tattooist licence was affirmed.
Legal Topics
['tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'outlaw Motorcycle Gang Membership' 'confidential Criminal Intelligence Material']
['administrative Law' 'occupational Licensing' 'tattoo Parlour Regulation'] ['tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'outlaw Motorcycle Gang Membership' 'confidential Criminal Intelligence Material']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review of Refusal of Application for Tattooist Licence Under the Tattoo Parlours Act 2012 / Principal Judgment After Hearing; Review of 16 January 2017 Refusal Decision

Legal Issues

  1. 1 ['Whether Mr White is a fit and proper person to be granted a tattooist licence.' 'Whether it would be contrary to the public interest for Mr White to be granted a tattooist licence.']

Ratio Decidendi

Although the Tribunal did not treat Mr White's Life and Death OMCG membership alone as making him not fit and proper, it found that his willingness to engage in intimidatory behaviour in the tattoo parlour workplace, his lack of insight into that conduct, his statement to police indicating readiness to defend Life and Death territory, his continuing committed membership of Life and Death, and the confidential material established that he was not fit and proper to be licensed and that granting a tattooist licence would be contrary to the public interest. The Tribunal was not satisfied that he knowingly tattooed unlawfully before January 2017 or that his traffic and noise matters alone...

Court Disposition

The Respondents' decision to refuse the tattooist licence was affirmed.

Orders

  • ['The decision of the Respondent to refuse the licence is affirmed.']