Barber v Commissioner for Fair Trading [2024] NSWCATOD 42

Barber v Commissioner for Fair Trading [2024] NSWCATOD 42

Mr Barber's qualifications are directly related to the work to be performed under the Disconnect/Reconnect Appliances Licence, and he only intends to perform work within the scope allowed by Schedule 1 of the Instrument. Accordingly, he is eligible to be granted the Qualified Supervisor Certificate for the specialist category of disconnection and reconnection of fixed electrical equipment (appliances).

Jurisdiction
Australia
Judgment Date
09 April 2024
Procedural Posture
Administrative Review / Merits Review Decision
Outcome
Applicant succeeds; decision set aside
Legal Topics
['qualified Supervisor Certificate' 'disconnection and Reconnection of Fixed Electrical Equipment' 'occupational Licensing' 'scope of Work' 'qualification Requirements']
['administrative Law'] ['qualified Supervisor Certificate' 'disconnection and Reconnection of Fixed Electrical Equipment' 'occupational Licensing' 'scope of Work' 'qualification Requirements']

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Procedural Posture

Administrative Review / Merits Review Decision

Legal Issues

  1. 1 ["Whether Mr Barber's Certificate III qualification directly relates to the work he seeks to perform under the Disconnect/Reconnect Appliances Licence" 'Whether Mr Barber intends to perform work beyond the scope allowed by Schedule 1 of the Instrument']

Ratio Decidendi

Mr Barber's qualifications are directly related to the work to be performed under the Disconnect/Reconnect Appliances Licence, and he only intends to perform work within the scope allowed by Schedule 1 of the Instrument. Accordingly, he is eligible to be granted the Qualified Supervisor Certificate for the specialist category of disconnection and reconnection of fixed electrical equipment (appliances).

Court Disposition

Applicant succeeds; decision set aside

Orders

  • ['The decision of the Respondent dated 31 July 2023 is set aside.' 'The Respondent is to grant the Applicant a Qualified Supervisor Certificate in specialist category of disconnection and reconnection of fixed electrical equipment (appliances) within 28 days of the publication of these reasons for decision.' 'A...