Owen v Commissioner for Fair Trading [2017] NSWCATAD 137

Owen v Commissioner for Fair Trading [2017] NSWCATAD 137

Although Mr Owen had a lengthy criminal history linked to past drug and alcohol abuse, the Tribunal accepted his candid evidence that he had distanced himself from that life, was obtaining professional help, had strong support, and posed only a small risk of relapse. The respondents had not provided evidence connecting him to criminal elements in the tattoo industry or to any concern about the proposed workplace. The Tribunal was satisfied that Mr Owen was a fit and proper person and that public interest considerations did not prevent the licence being granted.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Administrative Review of Refusal of Tattooist Licence Under the Tattoo Parlours Act 2012 / Final Decision After Hearing
Outcome
Decision under review set aside; licence granted.
Legal Topics
['tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'criminal Convictions' 'rehabilitation']
['administrative Law' 'licensing' 'tattoo Parlours Regulation'] ['tattooist Licence' 'adverse Security Determination' 'fit and Proper Person' 'public Interest' 'criminal Convictions' 'rehabilitation']

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Procedural Posture

Administrative Review of Refusal of Tattooist Licence Under the Tattoo Parlours Act 2012 / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether Mr Owen is a fit and proper person to be granted a tattooist licence.' 'Whether it would be contrary to the public interest for the licence to be granted.']

Ratio Decidendi

Although Mr Owen had a lengthy criminal history linked to past drug and alcohol abuse, the Tribunal accepted his candid evidence that he had distanced himself from that life, was obtaining professional help, had strong support, and posed only a small risk of relapse. The respondents had not provided evidence connecting him to criminal elements in the tattoo industry or to any concern about the proposed workplace. The Tribunal was satisfied that Mr Owen was a fit and proper person and that public interest considerations did not prevent the licence being granted.

Court Disposition

Decision under review set aside; licence granted.

Orders

  • ['The decision under review is set aside.' 'The decision is made that the licence is granted.']