Avnell v Commissioner for Fair Trading [2018] NSWCATAD 58

Avnell v Commissioner for Fair Trading [2018] NSWCATAD 58

The applicant, despite his past criminal history and drug use, demonstrated sufficient rehabilitation, personal responsibility, and compliance with industry standards since the granting of his licence. There is no evidence linking his offences to his profession or suggesting risk to clients or public safety. Accordingly, he is presently a fit and proper person to hold a tattooist licence, and it would not be contrary to the public interest for the licence to be granted.

Jurisdiction
Australia
Judgment Date
16 March 2018
Procedural Posture
Administrative Review / Determination After Hearing
Outcome
Application allowed; decision under review set aside; applicant's application for a tattooist licence granted.
Legal Topics
['licence Renewal' 'fit and Proper Person' 'public Interest' 'tattooist Licence']
['administrative Law'] ['licence Renewal' 'fit and Proper Person' 'public Interest' 'tattooist Licence']

Case Brief

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Procedural Posture

Administrative Review / Determination After Hearing

Legal Issues

  1. 1 ['Is the Applicant a fit and proper person to be granted a tattooist licence?' 'Would it be contrary to the public interest for the licence to be granted?']

Ratio Decidendi

The applicant, despite his past criminal history and drug use, demonstrated sufficient rehabilitation, personal responsibility, and compliance with industry standards since the granting of his licence. There is no evidence linking his offences to his profession or suggesting risk to clients or public safety. Accordingly, he is presently a fit and proper person to hold a tattooist licence, and it would not be contrary to the public interest for the licence to be granted.

Court Disposition

Application allowed; decision under review set aside; applicant's application for a tattooist licence granted.

Orders

  • ['The decision under review is set aside.' "In substitution for the decision under review, the Applicant's application for a tattooist licence is granted."]