Dyas v Director-General, Fair Trading & Commissioner Of Police [2014] NSWCATAD 223

Dyas v Director-General, Fair Trading & Commissioner Of Police [2014] NSWCATAD 223

Although the Applicant had a long criminal and traffic history including violence offences, the Tribunal accepted that his drug addiction had been addressed, his alcohol use had been curbed, he had completed anger management, had not reoffended for three and a half years after the May 2011 incident, and had maintained his changed lifestyle despite stress caused by unemployment and refusal of the licence. His past conduct had not directly affected his tattooing work, and sufficient time had passed to remove concerns of risk to the public. The refusal was therefore set aside and the licence granted.

Jurisdiction
Australia
Judgment Date
17 December 2014
Procedural Posture
Application for Review of Refusal of a Tattooist Licence / Final Decision on Administrative Review
Outcome
The decision under review was set aside and, in its place, the licence was granted.
Legal Topics
['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'criminal History' 'confidential Evidence']
['administrative Law' 'licensing and Regulation'] ['tattooist Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'criminal History' 'confidential Evidence']

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Procedural Posture

Application for Review of Refusal of a Tattooist Licence / Final Decision on Administrative Review

Legal Issues

  1. 1 ['Whether the Applicant was 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, traffic record and disqualification from other licensing regimes justified refusal of the licence." "Whether the Tribunal should set aside the Director-General's refusal and grant the licence."]

Ratio Decidendi

Although the Applicant had a long criminal and traffic history including violence offences, the Tribunal accepted that his drug addiction had been addressed, his alcohol use had been curbed, he had completed anger management, had not reoffended for three and a half years after the May 2011 incident, and had maintained his changed lifestyle despite stress caused by unemployment and refusal of the licence. His past conduct had not directly affected his tattooing work, and sufficient time had passed to remove concerns of risk to the public. The refusal was therefore set aside and the licence granted.

Court Disposition

The decision under review was set aside and, in its place, the licence was granted.

Orders

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