Deakin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAD 2

Deakin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAD 2

Although the Applicant had a long and serious criminal history, his recent conduct under extraordinary stress showed significant progress in changing his behaviour and no reversion to the conduct reflected in that history. The social media material and failure to correct the Hawkesbury Gazette article did him no credit but did not demonstrate a disregard for the law or propensity to re-offend sufficient to deny the licence. The Tribunal was satisfied that the Applicant was no longer unfit and was a fit and proper person to hold the licence.

Jurisdiction
Australia
Judgment Date
05 January 2016
Procedural Posture
Application for Review of a Determination to Refuse an Operator Licence Under the Tattoo Parlours Act 2012 / Administrative Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The application succeeded; the refusal decision was set aside and the licence was granted.
Legal Topics
['tattooist Operator Licence' 'fit and Proper Person' 'adverse Security Determination' 'criminal History' 'weight of Character References']
['administrative Law' 'licensing' 'tattoo Parlour Regulation'] ['tattooist Operator Licence' 'fit and Proper Person' 'adverse Security Determination' 'criminal History' 'weight of Character References']

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Procedural Posture

Application for Review of a Determination to Refuse an Operator Licence Under the Tattoo Parlours Act 2012 / Administrative Review in the Administrative and Equal Opportunity Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Applicant is a fit and proper person to hold the operator licence sought.' "Whether the refusal to grant the licence should be set aside notwithstanding the Commissioner's adverse security determination." "What weight should be given to character references and a petition where authors may not know the Applicant's criminal history."]

Ratio Decidendi

Although the Applicant had a long and serious criminal history, his recent conduct under extraordinary stress showed significant progress in changing his behaviour and no reversion to the conduct reflected in that history. The social media material and failure to correct the Hawkesbury Gazette article did him no credit but did not demonstrate a disregard for the law or propensity to re-offend sufficient to deny the licence. The Tribunal was satisfied that the Applicant was no longer unfit and was a fit and proper person to hold the licence.

Court Disposition

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

Orders

  • ['The decision to refuse to grant the licence is set aside.' 'In its place the decision is made that the licence is granted.']