Nguyen v Department of Fair Trading [2019] NSWCATOD 204

Nguyen v Department of Fair Trading [2019] NSWCATOD 204

The applicant is found to be a fit and proper person to hold a tattooist licence, based on evidence of remorse, a change in lifestyle, positive references, lack of association with criminal groups, and a demonstrated break with prior drug use. The relatively short period since the last offence is addressed by imposing a condition of total abstinence from prohibited drugs. Granting the licence is not contrary to the public interest, as doing so would support rehabilitation and there is no evidence of risk to public safety or confidence in the regulatory scheme.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Administrative Review / Final Orders With Reasons
Outcome
determination under review set aside; tattoist licence to be issued subject to abstinence condition
Legal Topics
['tattooist Licensing' 'fit and Proper Person' 'public Interest' 'drug Convictions' 'rehabilitation']
['administrative Law' 'occupational Licensing'] ['tattooist Licensing' 'fit and Proper Person' 'public Interest' 'drug Convictions' '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

Administrative Review / Final Orders With Reasons

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to hold a tattooist licence under the Tattoo Parlours Act 2012 (NSW)' 'Whether granting the licence would be contrary to the public interest']

Ratio Decidendi

The applicant is found to be a fit and proper person to hold a tattooist licence, based on evidence of remorse, a change in lifestyle, positive references, lack of association with criminal groups, and a demonstrated break with prior drug use. The relatively short period since the last offence is addressed by imposing a condition of total abstinence from prohibited drugs. Granting the licence is not contrary to the public interest, as doing so would support rehabilitation and there is no evidence of risk to public safety or confidence in the regulatory scheme.

Court Disposition

determination under review set aside; tattoist licence to be issued subject to abstinence condition

Orders

  • ['The determination under review is set aside.' 'A tattooist licence is to be issued to the applicant.' 'The licence is to be subject to a condition requiring total abstinence from all or any prohibited drugs.']