Cox v NSW Fair Trading [2019] NSWCATOD 170

Cox v NSW Fair Trading [2019] NSWCATOD 170

After giving reasonable weight to the adverse security determination, the Tribunal found on the additional evidence that the Applicant had sufficiently reformed, was no longer involved in the graffiti subculture, had no demonstrated OMCG involvement, had not worked unlawfully as a tattooist, and had sufficient honesty, knowledge, ability, moral integrity and rectitude for the role of tattooist. It was therefore not contrary to the public interest to grant the licence, and the correct and preferable decision was to set aside the refusal and grant the application.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Merits Review Before the Civil and Administrative Tribunal of New South Wales
Outcome
The refusal decision was set aside and the tattooist licence application was granted.
Legal Topics
['adverse Security Determination' 'tattooist Licence' 'fit and Proper Person' 'public Interest']
['administrative Law' 'licensing Law'] ['adverse Security Determination' 'tattooist Licence' 'fit and Proper Person' 'public Interest']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Merits Review Before the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Applicant is a fit and proper person to hold a tattooist licence.' 'Whether it is contrary to the public interest for a tattooist licence to be issued to the Applicant.' 'Whether the correct and preferable decision is to refuse or grant the tattooist licence despite the adverse security determination.']

Ratio Decidendi

After giving reasonable weight to the adverse security determination, the Tribunal found on the additional evidence that the Applicant had sufficiently reformed, was no longer involved in the graffiti subculture, had no demonstrated OMCG involvement, had not worked unlawfully as a tattooist, and had sufficient honesty, knowledge, ability, moral integrity and rectitude for the role of tattooist. It was therefore not contrary to the public interest to grant the licence, and the correct and preferable decision was to set aside the refusal and grant the application.

Court Disposition

The refusal decision was set aside and the tattooist licence application was granted.

Orders

  • ['The decision to refuse to grant the Applicant a tattooist licence is set aside.' 'In substitution the decision is made that the application for a tattooist licence is granted.']