Ting v Department of Fair Trading [2017] NSWCATAD 304

Ting v Department of Fair Trading [2017] NSWCATAD 304

Although the applicant had a significant criminal record and had previously performed tattooing without a licence, sufficient evidence of rehabilitation, current compliance, positive character references, and lack of ongoing criminal or organisational affiliations justified a finding that he is a fit and proper person and that granting the licence would not be contrary to the public interest. The applicant’s past conduct, while serious, was outweighed by demonstrated reformation and supporting evidence.

Jurisdiction
Australia
Judgment Date
19 October 2017
Procedural Posture
Application for Review of Administrative Decision / Final Merits Review Decision
Outcome
Decision set aside; application for tattooist licence granted.
Legal Topics
['tattooist Licensing' 'fit and Proper Person Test' 'public Interest' 'professional Discipline' 'criminal Record and Rehabilitation']
['administrative Law' 'licensing Law'] ['tattooist Licensing' 'fit and Proper Person Test' 'public Interest' 'professional Discipline' 'criminal Record and Rehabilitation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of Administrative Decision / Final Merits Review Decision

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to be granted a tattooist licence under the Tattoo Parlours Act 2012' 'Whether it would be contrary to the public interest to grant the tattooist licence' "Whether applicant's disqualification under other Acts justifies refusal"]

Ratio Decidendi

Although the applicant had a significant criminal record and had previously performed tattooing without a licence, sufficient evidence of rehabilitation, current compliance, positive character references, and lack of ongoing criminal or organisational affiliations justified a finding that he is a fit and proper person and that granting the licence would not be contrary to the public interest. The applicant’s past conduct, while serious, was outweighed by demonstrated reformation and supporting evidence.

Court Disposition

Decision set aside; application for tattooist licence granted.

Orders

  • ['Decision under review set aside.' "The applicant's application for a Tattooist licence is granted." "Pursuant to s 64(1)(b), (c) and (d) of the CAT Act, the recording and transcript of the confidential hearing on 27 September 2017, confidential exhibit CR 5 and the paragraphs of these reasons marked '[Not for...