Allen v Commissioner for Fair Trading + Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 273

Allen v Commissioner for Fair Trading + Commissioner of Police, New South Wales Police Force [2015] NSWCATAD 273

The applicant was not at present a fit and proper person to hold a tattooist licence. Although there were favourable matters, including his tattooing competence, supportive references, absence of tattooing-related complaints, no known links with outlaw motorcycle gangs, and some evidence of rehabilitation, these were outweighed by his lengthy criminal history, the relatively recent 2011 assault conviction, inconsistent and contradictory accounts of that incident, inability to explain those inconsistencies, baseless attack on his former lawyer, erratic evidence, absence of expert evidence about his mental state or likely future conduct, and confidential material of real concern. The...

Jurisdiction
Australia
Judgment Date
24 December 2015
Procedural Posture
Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Final Hearing; Decision Under Review Affirmed
Outcome
Decision under review affirmed.
Legal Topics
['tattooist Licence' 'fit and Proper Person' 'adverse Security Determination' 'criminal History' 'confidential Evidence' 'merits Review']
['administrative Law' 'licensing' 'tattoo Parlours Regulation'] ['tattooist Licence' 'fit and Proper Person' 'adverse Security Determination' 'criminal History' 'confidential Evidence' 'merits Review']

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Procedural Posture

Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Final Hearing; Decision Under Review Affirmed

Legal Issues

  1. 1 ['Whether the correct and preferable decision was to affirm, vary or set aside the refusal to grant the applicant a tattooist licence.' 'Whether the applicant was a fit and proper person to hold a tattooist licence.' 'Whether and to what extent the applicant could challenge the facts underlying his 2011 common assault conviction.' "What weight should be given to the applicant's criminal history, inconsistent accounts, character references, rehabilitation evidence and confidential material."]

Ratio Decidendi

The applicant was not at present a fit and proper person to hold a tattooist licence. Although there were favourable matters, including his tattooing competence, supportive references, absence of tattooing-related complaints, no known links with outlaw motorcycle gangs, and some evidence of rehabilitation, these were outweighed by his lengthy criminal history, the relatively recent 2011 assault conviction, inconsistent and contradictory accounts of that incident, inability to explain those inconsistencies, baseless attack on his former lawyer, erratic evidence, absence of expert evidence about his mental state or likely future conduct, and confidential material of real concern. The...

Court Disposition

Decision under review affirmed.

Orders

  • ['The decision under review is affirmed.']