Altmann v Commissioner for Fair Trading [2018] NSWCATOD 178

Altmann v Commissioner for Fair Trading [2018] NSWCATOD 178

The applicant was a fit and proper person to hold a tradesperson's certificate in the class of motor mechanic because his offending was confined to his period of association with the Finks, he had otherwise good work history and no relevant disciplinary history, he had severed ties with the Finks and was not expected to reoffend, his non-disclosure was accepted as not intended to deceive, and allowing him to work as a motor mechanic would not pose a risk to customers, the public, his employer or other employees.

Jurisdiction
Australia
Judgment Date
30 October 2018
Procedural Posture
Administrative Review Concerning Renewal of a Tradesperson's Certificate in the Class of Motor Mechanic / Review by the Tribunal of the Respondent's Internal Review Decision Affirming Refusal to Renew the Certificate
Outcome
The decision under review was set aside and the tradesperson's certificate in the class of motor mechanic was granted.
Legal Topics
['fit and Proper Person' "tradesperson's Certificate" 'criminal Convictions' 'outlaw Motorcycle Gang Membership' 'rehabilitation' 'non Disclosure in Licence Application']
['administrative Law' 'occupational Licensing' 'motor Dealers and Repairers Regulation'] ['fit and Proper Person' "tradesperson's Certificate" 'criminal Convictions' 'outlaw Motorcycle Gang Membership' 'rehabilitation' 'non Disclosure in Licence Application']

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Procedural Posture

Administrative Review Concerning Renewal of a Tradesperson's Certificate in the Class of Motor Mechanic / Review by the Tribunal of the Respondent's Internal Review Decision Affirming Refusal to Renew the Certificate

Legal Issues

  1. 1 ["Whether the applicant was a fit and proper person to hold a tradesperson's certificate in the class of motor mechanic under the Motor Dealers and Repairers Act 2013." "Whether the applicant's criminal convictions, past association with the Finks Outlaw Motorcycle Gang, and non-disclosure of earlier convictions justified refusal of the certificate." "Whether granting the certificate would pose a risk to customers, the public, the applicant's employer or other employees."]

Ratio Decidendi

The applicant was a fit and proper person to hold a tradesperson's certificate in the class of motor mechanic because his offending was confined to his period of association with the Finks, he had otherwise good work history and no relevant disciplinary history, he had severed ties with the Finks and was not expected to reoffend, his non-disclosure was accepted as not intended to deceive, and allowing him to work as a motor mechanic would not pose a risk to customers, the public, his employer or other employees.

Court Disposition

The decision under review was set aside and the tradesperson's certificate in the class of motor mechanic was granted.

Orders

  • ['The decision under review is set aside.' "The decision is made that the tradesperson's certificate in the class of motor mechanic is granted."]