SMC v Department of Fair Trading [2019] NSWCATOD 206

SMC v Department of Fair Trading [2019] NSWCATOD 206

The applicant, while having a relevant but limited criminal history from her time as a minor in an abusive relationship, exhibited no ongoing criminal conduct, associations or evidence of drug use. She demonstrated remorse, cooperation with authorities, and maturity since the offences. The public interest in the exclusion of criminal elements from the tattoo industry is not served by refusing her application, as there is no credible current evidence of criminal association or conduct. Accordingly, she satisfies the fit and proper person test and granting the licence is not contrary to the public interest.

Jurisdiction
Australia
Judgment Date
19 March 2019
Procedural Posture
Administrative Review / Decision on Review
Outcome
decision under review set aside; application granted
Legal Topics
['tattooist Licensing' 'fit and Proper Person' 'adverse Security Determination' 'public Interest']
['administrative Law' 'occupational Regulation'] ['tattooist Licensing' 'fit and Proper Person' 'adverse Security Determination' 'public Interest']

Case Brief

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Procedural Posture

Administrative Review / Decision on Review

Legal Issues

  1. 1 ['Whether the applicant is a fit and proper person to be granted a tattooist licence under the Tattoo Parlours Act 2012' 'Whether granting the applicant a tattooist licence would be contrary to the public interest']

Ratio Decidendi

The applicant, while having a relevant but limited criminal history from her time as a minor in an abusive relationship, exhibited no ongoing criminal conduct, associations or evidence of drug use. She demonstrated remorse, cooperation with authorities, and maturity since the offences. The public interest in the exclusion of criminal elements from the tattoo industry is not served by refusing her application, as there is no credible current evidence of criminal association or conduct. Accordingly, she satisfies the fit and proper person test and granting the licence is not contrary to the public interest.

Court Disposition

decision under review set aside; application granted

Orders

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