Sinclair v Commissioner for Fair Trading [2017] NSWCATAD 159

Sinclair v Commissioner for Fair Trading [2017] NSWCATAD 159

Because the applicant did not apply within three months after his previous supervisor certificate expired, restoration of that certificate was unavailable. A new application required compliance with the current qualification requirements in the Instrument, and the applicant's 1993 statement of attainment was no longer sufficient. The Tribunal therefore had no discretion on the evidence to grant the supervisor certificate and the refusal was the correct and preferable decision.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Administrative Review of Refusal of Application for a Supervisor Certificate / Review of Respondent's Decision Confirmed on Internal Review
Outcome
Application dismissed; respondent's decision affirmed.
Legal Topics
['supervisor Certificate' 'disconnection and Reconnection of Fixed Electrical Equipment' 'restoration of Expired Licence' 'qualification Requirements' 'correct and Preferable Decision']
['administrative Law' 'home Building Licensing'] ['supervisor Certificate' 'disconnection and Reconnection of Fixed Electrical Equipment' 'restoration of Expired Licence' 'qualification Requirements' 'correct and Preferable Decision']

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Procedural Posture

Administrative Review of Refusal of Application for a Supervisor Certificate / Review of Respondent's Decision Confirmed on Internal Review

Legal Issues

  1. 1 ["Whether the applicant's expired supervisor certificate could be restored after more than three months from expiry." 'Whether the applicant held the current qualifications required for grant of a supervisor certificate for disconnection and reconnection of fixed electrical equipment to include the endorsement for electrical motors.' "Whether the respondent's refusal of the application was the correct and preferable decision."]

Ratio Decidendi

Because the applicant did not apply within three months after his previous supervisor certificate expired, restoration of that certificate was unavailable. A new application required compliance with the current qualification requirements in the Instrument, and the applicant's 1993 statement of attainment was no longer sufficient. The Tribunal therefore had no discretion on the evidence to grant the supervisor certificate and the refusal was the correct and preferable decision.

Court Disposition

Application dismissed; respondent's decision affirmed.

Orders

  • ["The decision of the respondent to refuse the applicant's application for a supervisor certificate for the categories of disconnection and reconnection of fixed electrical equipment to include the endorsement for electrical motors is affirmed."]