GNM v Building Commission NSW [2024] NSWCATOD 92

GNM v Building Commission NSW [2024] NSWCATOD 92

Although the Applicant's 2015 online child grooming and child pornography offences were serious and he had later reporting-offence convictions in 2021 and 2023, the serious offences occurred almost a decade earlier, his personal circumstances had changed, he was candid and remorseful, and the Tribunal was not satisfied he had knowingly misled the Commission. His skills, knowledge and experience as an electrician were not in dispute. The Tribunal was satisfied he was a fit and proper person to hold an authority under the Home Building Act 1989 to perform electrician work at commercial and industrial premises, and that concerns arising from his offending history could appropriately be...

Jurisdiction
Australia
Judgment Date
03 July 2024
Procedural Posture
Administrative Review of Refusal of Contractor Licence Application Under the Home Building Act 1989 / Review of Internal Review Decision Affirming Refusal of Licence
Outcome
The decision under review was set aside and a contractor licence was ordered to be issued subject to a condition restricting residential work.
Legal Topics
['contractor Licence' 'electrician' 'fit and Proper Person' 'good Repute' 'licence Conditions' 'non Residential Work Restriction']
['administrative Law' 'occupational Licensing' 'home Building'] ['contractor Licence' 'electrician' 'fit and Proper Person' 'good Repute' 'licence Conditions' 'non Residential Work Restriction']

Case Brief

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Procedural Posture

Administrative Review of Refusal of Contractor Licence Application Under the Home Building Act 1989 / Review of Internal Review Decision Affirming Refusal of Licence

Legal Issues

  1. 1 ['Whether the Applicant was a fit and proper person to hold a contractor licence under the Home Building Act 1989 in the category of electrician.' "Whether the Applicant's criminal history and reporting offences justified refusal of the licence." 'Whether any risk or concern could be addressed by imposing a condition restricting the Applicant from residential work.']

Ratio Decidendi

Although the Applicant's 2015 online child grooming and child pornography offences were serious and he had later reporting-offence convictions in 2021 and 2023, the serious offences occurred almost a decade earlier, his personal circumstances had changed, he was candid and remorseful, and the Tribunal was not satisfied he had knowingly misled the Commission. His skills, knowledge and experience as an electrician were not in dispute. The Tribunal was satisfied he was a fit and proper person to hold an authority under the Home Building Act 1989 to perform electrician work at commercial and industrial premises, and that concerns arising from his offending history could appropriately be...

Court Disposition

The decision under review was set aside and a contractor licence was ordered to be issued subject to a condition restricting residential work.

Orders

  • ['The decision under review is set aside.' 'A contractor licence under the Home Building Act 1989 in the category of electrician is to be issued to the Applicant subject to a condition prohibiting the Applicant from performing work at residential premises where an occupation certificate has been issued.']