O’Connell v Commissioner for Fair Trading [2017] NSWCATOD 32

O’Connell v Commissioner for Fair Trading [2017] NSWCATOD 32

The instrument of 20 December 2013 continued to apply to the application, the Tribunal could not review the fairness of the qualification requirements, and Mr O'Connell did not satisfy any of the six pathways for an electrical wiring work contractor licence because he lacked the specified Certificate III or TAFE qualifications and had never held the relevant contractor licence or supervisor certificate. The refusal decision therefore had to be affirmed.

Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Application for Review of a Decision to Refuse an Individual Contractor Licence in the Category of Electrical Wiring Work / Review of Administrative Decision
Outcome
The decision is affirmed.
Legal Topics
['contractor Licence' 'electrical Wiring Work' 'qualification Requirements' 'repealed Regulation' 'transitional Provisions']
['administrative Law' 'home Building' 'occupational Licensing'] ['contractor Licence' 'electrical Wiring Work' 'qualification Requirements' 'repealed Regulation' 'transitional Provisions']

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Procedural Posture

Application for Review of a Decision to Refuse an Individual Contractor Licence in the Category of Electrical Wiring Work / Review of Administrative Decision

Legal Issues

  1. 1 ['Whether the instrument made under the Home Building Regulation 2004 continued to apply after repeal of that regulation' 'Whether the applicant met the qualification requirements for an individual contractor licence in the category of electrical wiring work' 'Whether the Tribunal could review the fairness or otherwise of the qualification requirements']

Ratio Decidendi

The instrument of 20 December 2013 continued to apply to the application, the Tribunal could not review the fairness of the qualification requirements, and Mr O'Connell did not satisfy any of the six pathways for an electrical wiring work contractor licence because he lacked the specified Certificate III or TAFE qualifications and had never held the relevant contractor licence or supervisor certificate. The refusal decision therefore had to be affirmed.

Court Disposition

The decision is affirmed.

Orders

  • ['The decision under review is affirmed.']