Munoz Merino v Commissioner for Fair Trading [2019] NSWCATOD 137

Munoz Merino v Commissioner for Fair Trading [2019] NSWCATOD 137

On the evidence, the applicant's criminal history does not preclude a finding of being a fit and proper person, as the most recent offence was contextual, not directly related to tattooing, and there is credible evidence of rehabilitation, candour, and no ongoing criminal associations. The public interest is not adversely affected by granting the licence, and statutory disqualifications, though serious, do not outweigh the positive findings on the applicant's suitability.

Parties
Applicant: Ezequiel Ignacio Muniz Merino; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
04 September 2019
Procedural Posture
Administrative Review / Final Determination Following Hearing
Outcome
Decision under review set aside; tattooist licence granted to the applicant.
Legal Topics
Tattooist Licence, Fit and Proper Person, Public Interest, Criminal History, Adverse Security Determination
Administrative Law Occupational Regulation Tattooist Licence Fit and Proper Person Public Interest Criminal History Adverse Security Determination

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Parties

Ezequiel Ignacio Muniz Merino

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review / Final Determination Following Hearing

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

Ratio Decidendi

On the evidence, the applicant's criminal history does not preclude a finding of being a fit and proper person, as the most recent offence was contextual, not directly related to tattooing, and there is credible evidence of rehabilitation, candour, and no ongoing criminal associations. The public interest is not adversely affected by granting the licence, and statutory disqualifications, though serious, do not outweigh the positive findings on the applicant's suitability.

Court Disposition

Decision under review set aside; tattooist licence granted to the applicant.

Orders

  • The decision under review is set aside;
  • The decision is made that the tattooist licence be granted.