Moc v Department of Fair Trading [2019] NSWCATOD 207

Moc v Department of Fair Trading [2019] NSWCATOD 207

The Tribunal was satisfied on the basis of confidential criminal intelligence that it was likely the Applicant had either been a member or associate of the Hells Angels or had close associations with the Hells Angels. The Tribunal therefore found that the Applicant had not been truthful in his evidence. Because honesty is relevant to whether a person is fit and proper to hold an operator licence and to the regulation of the tattoo industry, there was a reasonable basis to find that the Applicant was not a fit and proper person and that granting the licence was not in the public interest. The refusal was therefore the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
22 August 2019
Procedural Posture
Application for Administrative Review of Refusal of an Operator Licence Under the Tattoo Parlours Act 2012 / Merits Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The decision under review is affirmed.
Legal Topics
['tattoo Parlour Operator Licence' 'fit and Proper Person' 'adverse Security Determination' 'outlaw Motorcycle Groups' 'criminal History' 'public Interest' 'confidential Criminal Intelligence']
['administrative Law' 'occupational Licensing'] ['tattoo Parlour Operator Licence' 'fit and Proper Person' 'adverse Security Determination' 'outlaw Motorcycle Groups' 'criminal History' 'public Interest' 'confidential Criminal Intelligence']

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

Application for Administrative Review of Refusal of an Operator Licence Under the Tattoo Parlours Act 2012 / Merits Review in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether the Applicant is a fit and proper person to hold an operator licence under the Tattoo Parlours Act 2012.' 'Whether it would be contrary to the public interest for the Applicant to be granted an operator licence.' 'Whether the decision to refuse the operator licence was the correct and preferable decision.']

Ratio Decidendi

The Tribunal was satisfied on the basis of confidential criminal intelligence that it was likely the Applicant had either been a member or associate of the Hells Angels or had close associations with the Hells Angels. The Tribunal therefore found that the Applicant had not been truthful in his evidence. Because honesty is relevant to whether a person is fit and proper to hold an operator licence and to the regulation of the tattoo industry, there was a reasonable basis to find that the Applicant was not a fit and proper person and that granting the licence was not in the public interest. The refusal was therefore the correct and preferable decision.

Court Disposition

The decision under review is affirmed.

Orders

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