Wieckowski v Commissioner for Fair Trading [2017] NSWCATOD 190

Wieckowski v Commissioner for Fair Trading [2017] NSWCATOD 190

Mr Wieckowski is a fit and proper person to be granted an operator licence as his past convictions, though serious, are dated and there is evidence of reformation and lack of recent offending. It is not contrary to the public interest for him to be granted the licence. The discretionary grounds for refusal based on disqualification from other licences do not mandate refusal, and the weight of evidence favours granting the licence.

Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Administrative Review / Decision After Hearing
Outcome
application allowed; refusal set aside; licence to issue
Legal Topics
['merits Review' 'fit and Proper Person Test' 'public Interest' 'tattoo Parlours Act 2012' 'grounds for Refusing Licence']
['administrative Law' 'occupational Licensing'] ['merits Review' 'fit and Proper Person Test' 'public Interest' 'tattoo Parlours Act 2012' 'grounds for Refusing Licence']

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Procedural Posture

Administrative Review / Decision After Hearing

Legal Issues

  1. 1 ['Whether Mr Wieckowski is a fit and proper person to be granted an operator licence under the Tattoo Parlours Act 2012' 'Whether it would be contrary to the public interest to grant the operator licence' 'Whether mandatory or discretionary grounds for refusal exist because the applicant is disqualified from holding related licences']

Ratio Decidendi

Mr Wieckowski is a fit and proper person to be granted an operator licence as his past convictions, though serious, are dated and there is evidence of reformation and lack of recent offending. It is not contrary to the public interest for him to be granted the licence. The discretionary grounds for refusal based on disqualification from other licences do not mandate refusal, and the weight of evidence favours granting the licence.

Court Disposition

application allowed; refusal set aside; licence to issue

Orders

  • ["The decision to refuse to grant Mr Wieckowski's application for an operator licence under the Tattoo Parlours Act 2012 is set aside." 'The Commissioner is ordered to issue an operator licence under the Tattoo Parlours Act 2012 to Mr Wieckowski.']