Do v Commissioner for Fair Trading [2020] NSWCATOD 101

Do v Commissioner for Fair Trading [2020] NSWCATOD 101

The Tribunal found, on the evidence including the applicant's admissions and social media material, that the applicant had engaged in body art tattooing for reward without a licence contrary to the Tattoo Parlours Act after 2017. Despite evidence of rehabilitation from drug use and absence of gang links, this conduct showed disregard for the law and affected his fitness and public interest to hold a licence. The decision to refuse the licence was correct.

Parties
Applicant: Thai Nguyen Do; First Respondent: Commissioner for Fair Trading; Second Respondent: Commissioner of Police
Jurisdiction
Australia
Judgment Date
03 September 2020
Procedural Posture
Administrative Review / Principal Judgment
Outcome
Application for review dismissed; decision under review affirmed.
Legal Topics
Tattoo Parlours Act, Fit and Proper Person, Public Interest, Licensing Refusals, Tribunal Review
Administrative Law Occupational Licensing Tattoo Parlours Act Fit and Proper Person Public Interest Licensing Refusals Tribunal Review

Case Brief

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Parties

Thai Nguyen Do

Applicant

Commissioner for Fair Trading

First Respondent

Commissioner of Police

Second Respondent

Procedural Posture

Administrative Review / Principal Judgment

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to hold a tattooist licence
  2. 2 Whether it is in the public interest for the applicant to be granted a tattooist licence

Ratio Decidendi

The Tribunal found, on the evidence including the applicant's admissions and social media material, that the applicant had engaged in body art tattooing for reward without a licence contrary to the Tattoo Parlours Act after 2017. Despite evidence of rehabilitation from drug use and absence of gang links, this conduct showed disregard for the law and affected his fitness and public interest to hold a licence. The decision to refuse the licence was correct.

Court Disposition

Application for review dismissed; decision under review affirmed.

Orders

  • The decision under review is affirmed.