Abarquez v Commissioner for Fair Trading [2021] NSWCATOD 184

Abarquez v Commissioner for Fair Trading [2021] NSWCATOD 184

The Tribunal set aside the refusal because, notwithstanding the adverse security determination and the Applicant's serious criminal history, the offences occurred during a relatively short period connected with drug use, there was no OMCG association, no established unlicensed tattooing, no evidence of poor tattooing or health and safety practices, no further offending since 2018, and credible evidence of remorse, rehabilitation, abstinence from drugs and responsible supervision by Mr Nichols. It was therefore satisfied that the Applicant was now a fit and proper person and that granting a tattooist licence would not be contrary to the public interest, provided the licence was conditioned...

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 (nsw) / Review Application Determined After Hearing
Outcome
Decision under review set aside; tattooist licence to be issued to the Applicant subject to a condition requiring total abstinence from all or any prohibited drugs.
Legal Topics
['administrative Review' 'tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'criminal History' 'rehabilitation' 'licence Conditions']
['administrative Law' 'occupational Licensing' 'tattoo Parlour Regulation'] ['administrative Review' 'tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'criminal History' 'rehabilitation' 'licence Conditions']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 (nsw) / Review Application Determined After Hearing

Legal Issues

  1. 1 ['Whether the Applicant is a fit and proper person to hold a tattooist licence.' 'Whether it would be contrary to the public interest for a tattooist licence to be granted to the Applicant.' "Whether the Applicant's criminal history and alleged unlicensed tattooing justified refusal of the licence." 'Whether a special condition requiring abstinence from prohibited drugs should be imposed.']

Ratio Decidendi

The Tribunal set aside the refusal because, notwithstanding the adverse security determination and the Applicant's serious criminal history, the offences occurred during a relatively short period connected with drug use, there was no OMCG association, no established unlicensed tattooing, no evidence of poor tattooing or health and safety practices, no further offending since 2018, and credible evidence of remorse, rehabilitation, abstinence from drugs and responsible supervision by Mr Nichols. It was therefore satisfied that the Applicant was now a fit and proper person and that granting a tattooist licence would not be contrary to the public interest, provided the licence was conditioned...

Court Disposition

Decision under review set aside; tattooist licence to be issued to the Applicant subject to a condition requiring total abstinence from all or any prohibited drugs.

Orders

  • ['Decision under review set aside.' 'A tattooist licence is to be issued to the Applicant.' 'The licence referred to in (2) is to be subject to a condition requiring total abstinence from all or any prohibited drugs.']