Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15

Leclere v Commissioner for Fair Trading [2020] NSWCATAD 15

Although there were favourable factors including employment, family support, psychological treatment, remorse, positive character evidence and expert opinions of low reoffending risk, Mr Leclere had a long history of illicit drug use and recent objectively serious convictions for supplying illicit drugs and dealing with proceeds of crime. Less than 24 months had elapsed since he was charged with and convicted of the serious offences, he remained subject to an Intensive Correction Order, and the evidence supporting claimed reform was scant and largely more than 12 months old. The Tribunal was therefore not satisfied that he was now a fit and proper person to hold a contractor licence,...

Jurisdiction
Australia
Judgment Date
10 January 2020
Procedural Posture
Administrative Review of Refusal to Grant a Contractor's Licence Under the Home Building Act 1989 (nsw) / Review by the NSW Civil and Administrative Tribunal of a Delegate's Decision, Affirmed on Internal Review
Outcome
Decision affirmed
Legal Topics
['contractor Licence' 'air Conditioning and Refrigeration Specialist Work' 'fit and Proper Person' 'good Repute, Character, Honesty and Integrity' 'drug Related Convictions']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['contractor Licence' 'air Conditioning and Refrigeration Specialist Work' 'fit and Proper Person' 'good Repute, Character, Honesty and Integrity' 'drug Related Convictions']

Case Brief

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Procedural Posture

Administrative Review of Refusal to Grant a Contractor's Licence Under the Home Building Act 1989 (nsw) / Review by the NSW Civil and Administrative Tribunal of a Delegate's Decision, Affirmed on Internal Review

Legal Issues

  1. 1 ['Whether Mr Leclere is a fit and proper person to hold a contractor licence in the category of air conditioning and refrigeration.' "Whether Mr Leclere's drug-related convictions and evidence of claimed reform prevented satisfaction that he is a fit and proper person to hold the licence."]

Ratio Decidendi

Although there were favourable factors including employment, family support, psychological treatment, remorse, positive character evidence and expert opinions of low reoffending risk, Mr Leclere had a long history of illicit drug use and recent objectively serious convictions for supplying illicit drugs and dealing with proceeds of crime. Less than 24 months had elapsed since he was charged with and convicted of the serious offences, he remained subject to an Intensive Correction Order, and the evidence supporting claimed reform was scant and largely more than 12 months old. The Tribunal was therefore not satisfied that he was now a fit and proper person to hold a contractor licence,...

Court Disposition

Decision affirmed

Orders

  • ['The decision to refuse to grant Mr Leclere\'s application for a contractor\'s licence in the category of "air conditioning and refrigeration" is affirmed.']