Dessmann v Commissioner for Fair Trading & Anor [2015] NSWCATAD 255

Dessmann v Commissioner for Fair Trading & Anor [2015] NSWCATAD 255

The decision to refuse the tattooist licence was affirmed because the Applicant's recent drug convictions, long period of drug use, dealings with unidentified illicit drug suppliers, and only short period of asserted abstinence meant it was too early to be satisfied that his efforts to address drug use had succeeded or that he was a fit and proper person, and the public interest in the regulated tattoo industry outweighed his private interest in obtaining the licence at that time.

Jurisdiction
Australia
Judgment Date
08 July 2015
Procedural Posture
Application for Review of a Determination to Refuse an Application for a Tattooist Licence / Hearing and Decision on Review
Outcome
The decision is affirmed.
Legal Topics
['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'drug Convictions' 'confidential Criminal Intelligence']
['administrative Law' 'licensing' 'tattoo Parlours Regulation'] ['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'drug Convictions' 'confidential Criminal Intelligence']

Case Brief

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Procedural Posture

Application for Review of a Determination to Refuse an Application for a Tattooist Licence / Hearing and Decision on Review

Legal Issues

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

Ratio Decidendi

The decision to refuse the tattooist licence was affirmed because the Applicant's recent drug convictions, long period of drug use, dealings with unidentified illicit drug suppliers, and only short period of asserted abstinence meant it was too early to be satisfied that his efforts to address drug use had succeeded or that he was a fit and proper person, and the public interest in the regulated tattoo industry outweighed his private interest in obtaining the licence at that time.

Court Disposition

The decision is affirmed.

Orders

  • ['The decision is affirmed']