Holdstock v Department of Fair Trading [2018] NSWCATOD 200

Holdstock v Department of Fair Trading [2018] NSWCATOD 200

Although the Applicant's criminal record was a strong prima facie indicator against fitness, the Tribunal focused on the present circumstances and was satisfied that he had been rehabilitated since release from prison, had taken significant steps to address the psychological and substance issues linked to his offending, was living a settled and law-abiding life, and had undertaken only minimal unlicensed paid tattooing work because of a misunderstanding of the licensing requirements. He was therefore a fit and proper person to hold a tattooist licence and granting the licence was not contrary to the public interest.

Jurisdiction
Australia
Judgment Date
21 December 2018
Procedural Posture
Administrative Review of Refusal to Grant a Tattooist Licence Under the Tattoo Parlours Act 2012 / Principal Judgment After Hearing
Outcome
The decision to refuse the tattooist licence was set aside and the application for a tattooist licence was granted in substitution.
Legal Topics
['adverse Security Determination' 'tattooist Licence' 'fit and Proper Person' 'public Interest' 'rehabilitation']
['administrative Law' 'occupational Licensing'] ['adverse Security Determination' 'tattooist Licence' 'fit and Proper Person' 'public Interest' 'rehabilitation']

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 criminal history, mental health history and unlicensed tattooing work should prevent the grant of the licence."]

Ratio Decidendi

Although the Applicant's criminal record was a strong prima facie indicator against fitness, the Tribunal focused on the present circumstances and was satisfied that he had been rehabilitated since release from prison, had taken significant steps to address the psychological and substance issues linked to his offending, was living a settled and law-abiding life, and had undertaken only minimal unlicensed paid tattooing work because of a misunderstanding of the licensing requirements. He was therefore a fit and proper person to hold a tattooist licence and granting the licence was not contrary to the public interest.

Court Disposition

The decision to refuse the tattooist licence was set aside and the application for a tattooist licence was granted in substitution.

Orders

  • ['The decision to refuse to grant the Applicant a tattooist licence is set aside.' 'In substitution the decision is made that the application for a tattooist licence is granted.']