Penno v Commissioner for Fair Trading [2019] NSWCATOD 198

Penno v Commissioner for Fair Trading [2019] NSWCATOD 198

Although the Applicant's 2015 and 2016 offending and drug use meant he would not then have been fit and proper to hold a tattooist licence, the Tribunal found that he had no prior criminal history, voluntarily confessed, showed genuine remorse, completed drug rehabilitation, had not used prohibited drugs or reoffended since, had no OMCG association, had worked as a tattooist in Victoria without concerns, and was assessed as at low risk of resumed drug use or criminal activity. Giving due weight to the adverse security determination and his disqualification under other legislation, those matters did not outweigh the evidence of rehabilitation. The Applicant was fit and proper, and granting...

Jurisdiction
Australia
Judgment Date
29 November 2019
Procedural Posture
Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Principal Judgment After Hearing
Outcome
Decision under review set aside; Applicant's application for a Tattooist licence granted.
Legal Topics
['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'criminal Record' 'rehabilitation' 'disqualification Under Other Legislation']
['administrative Law' 'occupational Licensing' 'tattoo Parlour Regulation'] ['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'criminal Record' 'rehabilitation' 'disqualification Under Other Legislation']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Applicant is a fit and proper person to be granted a tattooist licence.' 'Whether it would be contrary to the public interest for the Applicant to be granted a tattooist licence.' "Whether the Applicant's disqualification from holding licences, permits or other authorities under other legislation justified refusal of the tattooist licence."]

Ratio Decidendi

Although the Applicant's 2015 and 2016 offending and drug use meant he would not then have been fit and proper to hold a tattooist licence, the Tribunal found that he had no prior criminal history, voluntarily confessed, showed genuine remorse, completed drug rehabilitation, had not used prohibited drugs or reoffended since, had no OMCG association, had worked as a tattooist in Victoria without concerns, and was assessed as at low risk of resumed drug use or criminal activity. Giving due weight to the adverse security determination and his disqualification under other legislation, those matters did not outweigh the evidence of rehabilitation. The Applicant was fit and proper, and granting...

Court Disposition

Decision under review set aside; Applicant's application for a Tattooist licence granted.

Orders

  • ['Decision under review is set aside.' "The Applicant's application for a Tattooist licence is granted."]