Kocoski v Department of Services, Technology and Administration [2011] NSWADT 135

Kocoski v Department of Services, Technology and Administration [2011] NSWADT 135

Experience gained as an owner builder, or while working alongside an owner builder, does not ordinarily constitute 'industry experience' in a wide range of building construction work for contractor licensing under the Home Building Act 1989. The applicant's work did not meet the required standard because it was not completed under continuous supervision of a qualified builder, nor within the regulated building industry context. The applicant therefore failed to satisfy the two-year industry experience requirement necessary for a contractor licence.

Jurisdiction
Australia
Judgment Date
08 June 2011
Procedural Posture
Application for Review of Administrative Decision / Hearing and Final Decision
Outcome
decision affirmed
Legal Topics
['contractor Licensing' 'industry Experience Requirements' 'owner Builder' 'review of Administrative Decisions']
['administrative Law' 'building and Construction'] ['contractor Licensing' 'industry Experience Requirements' 'owner Builder' 'review of Administrative Decisions']

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Procedural Posture

Application for Review of Administrative Decision / Hearing and Final Decision

Legal Issues

  1. 1 ['Whether the applicant possesses at least two years relevant industry experience in a wide range of building construction work for the purposes of a contractor licence under the Home Building Act 1989 and regulations.']

Ratio Decidendi

Experience gained as an owner builder, or while working alongside an owner builder, does not ordinarily constitute 'industry experience' in a wide range of building construction work for contractor licensing under the Home Building Act 1989. The applicant's work did not meet the required standard because it was not completed under continuous supervision of a qualified builder, nor within the regulated building industry context. The applicant therefore failed to satisfy the two-year industry experience requirement necessary for a contractor licence.

Court Disposition

decision affirmed

Orders

  • ['The decision to refuse the applicant’s application for a contractor licence is affirmed.']