ERI v Commissioner for Fair Trading [2021] NSWCATOD 95

ERI v Commissioner for Fair Trading [2021] NSWCATOD 95

The Tribunal found that, despite the applicant's criminal history (with the most recent offence in 2018), she has demonstrated sufficient moral integrity and rectitude of character, and there was no evidence of ongoing unlawful behaviour or risk to public safety. The Tribunal determined she is a fit and proper person to operate a tattoo parlour and it is not contrary to the public interest to grant the licence.

Parties
Applicant: ERI; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Administrative Review / Hearing and Decision on Merits
Outcome
Application for review allowed; licence granted
Legal Topics
Tattoo Parlours, Fit and Proper Person, Public Interest, Adverse Security Determination
Administrative Law Occupational Licensing Tattoo Parlours Fit and Proper Person Public Interest Adverse Security Determination

Case Brief

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Parties

ERI

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Administrative Review / Hearing and Decision on Merits

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to be granted a tattoo operator licence
  2. 2 Whether it is contrary to the public interest to grant the licence to the applicant
  3. 3 Whether the applicant's criminal history disqualifies her from holding the operator licence

Ratio Decidendi

The Tribunal found that, despite the applicant's criminal history (with the most recent offence in 2018), she has demonstrated sufficient moral integrity and rectitude of character, and there was no evidence of ongoing unlawful behaviour or risk to public safety. The Tribunal determined she is a fit and proper person to operate a tattoo parlour and it is not contrary to the public interest to grant the licence.

Court Disposition

Application for review allowed; licence granted

Orders

  • The decision to refuse to grant the applicant a tattoo operator licence is set aside.
  • In substitution, the decision is made that the application for a tattoo operator licence is granted.