Alzaaim v Commissioner for Fair Trading [2022] NSWCATOD 139

Alzaaim v Commissioner for Fair Trading [2022] NSWCATOD 139

Applicant is not entitled to registration in the classes of design practitioner—drainage, vertical transportation, and mechanical engineering as he does not satisfy the explicit qualification criteria or alternative pathways specified in the DBP Regulation. For the class of design practitioner—fire systems (detection and alarm systems), given Applicant's degree, partial equivalencies, and registered status as professional engineer—fire safety, cancellation decision is set aside and remitted for thorough reconsideration.

Jurisdiction
Australia
Judgment Date
04 November 2022
Procedural Posture
Administrative Review / Final Determination
Outcome
Decision under review affirmed in three classes; set aside and remitted in one class.
Legal Topics
['design Practitioner Registration' 'building Regulation' 'cancellation of Registration' 'qualifications Assessment']
['administrative Law' 'occupational Regulation'] ['design Practitioner Registration' 'building Regulation' 'cancellation of Registration' 'qualifications Assessment']

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Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 ['Whether Applicant is entitled to registration under the Design and Building Practitioners Act 2020 (NSW) for four classes of design practitioner' 'Whether Applicant meets qualifications, skills, knowledge and experience criteria under the Design and Building Practitioners Regulation 2021 (NSW)' 'Whether cancellation of deemed registration was appropriate for each class']

Ratio Decidendi

Applicant is not entitled to registration in the classes of design practitioner—drainage, vertical transportation, and mechanical engineering as he does not satisfy the explicit qualification criteria or alternative pathways specified in the DBP Regulation. For the class of design practitioner—fire systems (detection and alarm systems), given Applicant's degree, partial equivalencies, and registered status as professional engineer—fire safety, cancellation decision is set aside and remitted for thorough reconsideration.

Court Disposition

Decision under review affirmed in three classes; set aside and remitted in one class.

Orders

  • ['The Decision under review with respect to cancellation of registration in the class of design practitioner—drainage is affirmed.' 'The Decision under review with respect to cancellation of registration in the class of design practitioner—fire systems (detection and alarm systems) is set aside and remitted to the...