Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184

Smith v Commissioner of Police, NSW Police Force & NSW Fair Trading [2014] NSWCATAD 184

Given the applicant’s recent and long-standing drug use, recent convictions and pending serious criminal charges, the Tribunal was not satisfied that the applicant is presently a fit and proper person or that it is not contrary to the public interest for him to hold a tattoo operator licence; therefore, the cancellation by the Director-General, following the Commissioner’s adverse security determination, was the correct and preferable decision, and conditions are not appropriate in lieu of cancellation.

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Administrative Review / Decision After Hearing on Review of Licence Cancellation
Outcome
The decision under review is affirmed.
Legal Topics
['tattoo Operator Licence' 'fit and Proper Person' 'public Interest' 'licence Cancellation' 'tribunal Powers' 'criteria for Licence Eligibility']
['administrative Law' 'licensing' 'criminal Law'] ['tattoo Operator Licence' 'fit and Proper Person' 'public Interest' 'licence Cancellation' 'tribunal Powers' 'criteria for Licence Eligibility']

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Procedural Posture

Administrative Review / Decision After Hearing on Review of Licence Cancellation

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to hold a tattoo operator licence under the Tattoo Parlours Act 2012' 'Whether it is contrary to the public interest for the applicant to hold the licence' 'Whether cancellation of the licence by the Director-General, following an adverse security determination by the Commissioner, was correct or preferable' 'Whether the Tribunal can impose conditions to address concerns in lieu of affirming cancellation']

Ratio Decidendi

Given the applicant’s recent and long-standing drug use, recent convictions and pending serious criminal charges, the Tribunal was not satisfied that the applicant is presently a fit and proper person or that it is not contrary to the public interest for him to hold a tattoo operator licence; therefore, the cancellation by the Director-General, following the Commissioner’s adverse security determination, was the correct and preferable decision, and conditions are not appropriate in lieu of cancellation.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.' 'This decision is to take effect 28 days from the date of these reasons.']