Hawcroft v Building Commission NSW [2024] NSWCATOD 60

Hawcroft v Building Commission NSW [2024] NSWCATOD 60

The applicant did not satisfy the mandatory qualification requirements because his Diploma was not one of the qualifications listed in Column 1 of Table A and his transcript did not match all necessary units of competency in Tables B or C. The Tribunal had no discretion to disregard or review the Instrument. In any event, the applicant also failed to prove supervised and verified experience within the Instrument, because he conducted his own business, was not supervised by another licensee, and could not verify his own experience. Accordingly the statutory requirements for the licence variation were not met.

Jurisdiction
Australia
Judgment Date
09 May 2024
Procedural Posture
Administrative Review of Refusal of Application to Vary Contractor Licence Under Home Building Legislation / Review of Building Commission NSW Decision Affirmed on Internal Review
Outcome
The decision under review is affirmed.
Legal Topics
['contractor Licence Variation' 'qualification Requirements' 'supervised Industry Experience' 'reviewability of Licensing Instrument']
['administrative Law' 'home Building Regulation' 'occupational Licensing'] ['contractor Licence Variation' 'qualification Requirements' 'supervised Industry Experience' 'reviewability of Licensing Instrument']

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Procedural Posture

Administrative Review of Refusal of Application to Vary Contractor Licence Under Home Building Legislation / Review of Building Commission NSW Decision Affirmed on Internal Review

Legal Issues

  1. 1 ['Whether the applicant met the qualification requirements in Column 1 of Table A to the Instrument for variation of his contractor licence.' 'Whether the applicant met the experience requirements in Column 2 of Table A to the Instrument, including supervised and verified experience.' 'Whether the Tribunal could review or depart from the requirements specified in the Instrument.']

Ratio Decidendi

The applicant did not satisfy the mandatory qualification requirements because his Diploma was not one of the qualifications listed in Column 1 of Table A and his transcript did not match all necessary units of competency in Tables B or C. The Tribunal had no discretion to disregard or review the Instrument. In any event, the applicant also failed to prove supervised and verified experience within the Instrument, because he conducted his own business, was not supervised by another licensee, and could not verify his own experience. Accordingly the statutory requirements for the licence variation were not met.

Court Disposition

The decision under review is affirmed.

Orders

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