Zahra v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 211

Zahra v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 211

The Applicant had continued his involvement and association with the Rebels, including retaining his vest, receiving updated patches, retaining a club tattoo and participating in club activities while wearing club colours. The Tribunal was satisfied that the Rebels were recognised as an organised crime network posing a significant threat to the public interest, and that the Applicant's continuing involvement gave the Rebels an opportunity to exercise significant influence over his tattoo business. His failure to acknowledge the full extent of the relationship showed he did not accept the potential threat posed by that involvement. It was therefore contrary to the public interest for him...

Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Application for Review of a Determination Refusing a Tattoo Operator Licence / Decision After Hearing
Outcome
The decision under review is affirmed.
Legal Topics
['tattoo Operator Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'outlaw Motorcycle Gang Association' 'tribunal Jurisdiction' 'confidential Evidence and Publication Restriction']
['administrative Law' 'licensing' 'regulation of Tattoo Parlours'] ['tattoo Operator Licence' 'fit and Proper Person' 'public Interest' 'adverse Security Determination' 'outlaw Motorcycle Gang Association' 'tribunal Jurisdiction' 'confidential Evidence and Publication Restriction']

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Procedural Posture

Application for Review of a Determination Refusing a Tattoo Operator Licence / Decision After Hearing

Legal Issues

  1. 1 ["Whether the Tribunal had jurisdiction to make a fresh determination on the material before it rather than being confined to the Commissioner's adverse security determination." 'Whether granting the Applicant a tattoo operator licence would be contrary to the public interest.' 'Whether the Applicant was a fit and proper person to hold a tattoo operator licence.' "Whether the Applicant's continuing association with the Rebels Outlaw Motorcycle Gang affected the licence application."]

Ratio Decidendi

The Applicant had continued his involvement and association with the Rebels, including retaining his vest, receiving updated patches, retaining a club tattoo and participating in club activities while wearing club colours. The Tribunal was satisfied that the Rebels were recognised as an organised crime network posing a significant threat to the public interest, and that the Applicant's continuing involvement gave the Rebels an opportunity to exercise significant influence over his tattoo business. His failure to acknowledge the full extent of the relationship showed he did not accept the potential threat posed by that involvement. It was therefore contrary to the public interest for him...

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']