Lindroos v Commissioner for Fair Trading [2016] NSWCATAD 175
The applicant was found not to be a fit and proper person to hold a Tattooist licence based on his criminal history, inconsistencies in his evidence, and the public interest considerations under the Act. It was determined that there is significant risk to the public should the licence be granted.
- Jurisdiction
- Australia
- Judgment Date
- 04 August 2016
- Procedural Posture
- Administrative Review / Hearing and Decision
- Outcome
- Refusal of application affirmed
- Legal Topics
- ['licensing' 'fit and Proper Person Test' 'public Interest' 'tattoo Parlour Regulation' 'confidential Evidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Administrative Review / Hearing and Decision
Legal Issues
- 1 ['Whether the applicant is a fit and proper person to hold a Tattooist licence under the Tattoo Parlours Act 2012' 'Whether it is in the public interest to grant the Tattooist licence to the applicant']
Ratio Decidendi
The applicant was found not to be a fit and proper person to hold a Tattooist licence based on his criminal history, inconsistencies in his evidence, and the public interest considerations under the Act. It was determined that there is significant risk to the public should the licence be granted.
Court Disposition
Refusal of application affirmed
Orders
- ['The decision of the First Respondent to refuse to grant the licence is affirmed.' 'Pursuant to Section 64 of the Civil and Administrative Tribunal Act 2013 the publication of paragraphs 16-33 (inclusive) of this decision (except to the second respondent) is prohibited.']
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