DLY v Commissioner for Fair Trading [2018] NSWCATOD 212

DLY v Commissioner for Fair Trading [2018] NSWCATOD 212

Despite the applicant's prior convictions and regulatory breaches, his substantive personal reform (including cessation of alcohol use, psychological counselling, and disassociation from negative influences) and absence of offending for over three years now indicate he is a fit and proper person and that it is not contrary to the public interest for him to hold a tattooist licence. The licensing decision is set aside and the licence is to be granted.

Parties
Applicant: DLY; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Administrative Review / Review of Licensing Decision
Outcome
Commissioner's refusal set aside; licence to be granted to applicant.
Legal Topics
Tattooist Licences, Fit and Proper Person Test, Public Interest, Rehabilitation, Criminal History
Administrative Law Occupational Licensing Tattooist Licences Fit and Proper Person Test Public Interest Rehabilitation Criminal History

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Parties

DLY

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Administrative Review / Review of Licensing Decision

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to be granted a tattooist licence
  2. 2 Whether it would be contrary to the public interest to grant the licence
  3. 3 The relevance of the applicant's criminal and infringement history

Ratio Decidendi

Despite the applicant's prior convictions and regulatory breaches, his substantive personal reform (including cessation of alcohol use, psychological counselling, and disassociation from negative influences) and absence of offending for over three years now indicate he is a fit and proper person and that it is not contrary to the public interest for him to hold a tattooist licence. The licensing decision is set aside and the licence is to be granted.

Court Disposition

Commissioner's refusal set aside; licence to be granted to applicant.

Orders

  • The disclosure of the applicant's name is prohibited.
  • The first respondent's decision to refuse to grant the applicant a tattooist licence is set aside.