Keating v Commissioner for Fair Trading [2009] NSWADT 16
Mr Keating did not provide referee statements or evidence compliant with the practical experience requirements—specifically, 12 months' wiring installation experience verified by suitably qualified supervisors—as required by the Commissioner's standards. The Tribunal lacks jurisdiction to review the standard itself,...
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 03 February 2009
- Procedural Posture
- Administrative Law—licensing Review / Final Merits Decision After Hearing
- Outcome
- The decision under review is affirmed.
- Legal Topics
- ['review of Licensing Decision' 'contractor Licence Requirements' 'home Building Act Jurisdictional Limits']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Administrative Law—licensing Review / Final Merits Decision After Hearing
Legal Issues
- 1 ['Whether Mr Keating satisfied the practical experience requirements for a contractor licence as an electrician under relevant standards' 'Whether the Tribunal has jurisdiction to review the standards set by the Commissioner']
Ratio Decidendi
Mr Keating did not provide referee statements or evidence compliant with the practical experience requirements—specifically, 12 months' wiring installation experience verified by suitably qualified supervisors—as required by the Commissioner's standards. The Tribunal lacks jurisdiction to review the standard itself, and thus the refusal of his application was correct.
Court Disposition
The decision under review is affirmed.
Orders
- ['The decision under review is affirmed.']
Full Case Text
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