Algie v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2017] NSWCATAD 243

Algie v Commissioner for Fair Trading and Commissioner of Police, NSW Police Force [2017] NSWCATAD 243

The Tribunal was not satisfied that Ms Algie fully disclosed relevant information regarding close associates and the finances of her business acquisition, nor that she was truthful in her evidence. Further, her breaches of other legal obligations (such as taxation and Centrelink disclosure) and the connection of her proposed business to earlier OMCG-affiliated enterprises rendered her not a fit and proper person and made it contrary to the public interest to grant the licence.

Parties
Applicant: Leah Dawn Algie; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police, NSW Police Force
Jurisdiction
Australia
Judgment Date
09 August 2017
Procedural Posture
Administrative Review Application / Merits Review; Decision
Outcome
Application dismissed; refusal of licence affirmed
Legal Topics
Fit and Proper Person Test, Tattoo Parlour Operator Licence, Public Interest, Close Associates, Statutory Interpretation
Administrative Law Licensing Law Fit and Proper Person Test Tattoo Parlour Operator Licence Public Interest Close Associates Statutory Interpretation

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Parties

Leah Dawn Algie

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police, NSW Police Force

Second Respondent

Procedural Posture

Administrative Review Application / Merits Review; Decision

Legal Issues

  1. 1 Whether Ms Algie is a fit and proper person to be granted an operator licence under the Tattoo Parlours Act 2012
  2. 2 Whether it would be contrary to the public interest to grant her the licence
  3. 3 Whether Ms Algie fully and truthfully disclosed relevant matters including close associates and financial arrangements

Ratio Decidendi

The Tribunal was not satisfied that Ms Algie fully disclosed relevant information regarding close associates and the finances of her business acquisition, nor that she was truthful in her evidence. Further, her breaches of other legal obligations (such as taxation and Centrelink disclosure) and the connection of her proposed business to earlier OMCG-affiliated enterprises rendered her not a fit and proper person and made it contrary to the public interest to grant the licence.

Court Disposition

Application dismissed; refusal of licence affirmed

Orders

  • The decision to refuse to grant Ms Algie's application for an operator licence under the Tattoo Parlours Act 2012 is affirmed.