Mielczarek v Commissioner of Police, New South Wales Police Force and Commissioner for Fair Trading

The case of Mielczarek v Commissioner of Police, New South Wales Police Force and Commissioner for Fair Trading involved an application for a tattooist licence by the applicant, who had previously been associated with the Rebels Outlaw Motorcycle Club (OMCG). The applicant sought to open a tattoo parlour in Picton. The legal issues before the court included whether the applicant was a fit and proper person to hold a tattooist licence, and if granting the licence would be contrary to the public interest.

The court considered the applicant's association with the Rebels OMCG, the nature of the association, and its relevance to the tattooist licence application. Despite the applicant's non-involvement in any criminal activities or membership in the Rebels, the court found that the association with the Rebels as an outlaw motorcycle gang, even without direct involvement in criminal activities, posed a risk that warranted consideration. The court emphasised the need to protect the public interest, particularly in the context of skin penetration procedures, and weighed the potential risks associated with the applicant's past association.

The court determined that the applicant's membership in the Rebels OMCG, even without direct involvement in criminal activities, was a relevant factor in assessing whether the applicant was a fit and proper person to hold a tattooist licence. The court concluded that the risk associated with the applicant's past association with an outlaw motorcycle gang was sufficient to refuse the licence application. The court's reasoning focused on the potential for criminal activity and the need to protect the public interest in the context of skin penetration procedures.

The court affirmed the decision under review, denying the applicant's application for a tattooist licence. The court's decision was based on the finding that the applicant's past association with the Rebels OMCG, despite not being directly implicated in criminal activities, posed a risk that warranted refusal of the licence application.