Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79

Paul Voutef v Commissioner for Fair Trading [2023] NSWCATOD 79

The Applicant had been convicted of offences involving dishonesty within the last 10 years, but the Tribunal was satisfied under section 33A(2) of the Home Building Act 1989 (NSW) that those offences should be ignored because sufficient time had passed since their commission, they were not committed in the course of the licensed tiling and waterproofing activities, and there was extensive credible evidence of rehabilitation. The Applicant was therefore not disqualified under section 20(1)(c). Having regard to his qualifications, work history, lack of evidence of complaints, candour about his criminal history, rehabilitation, support network, community service, abstinence from drugs, and...

Jurisdiction
Australia
Judgment Date
13 June 2023
Procedural Posture
Administrative Review of Refusal of an Application for a Contractor Licence Under the Home Building Act 1989 (nsw) / Final Decision After Hearing
Outcome
Decision under review set aside; contractor licence to be issued to the Applicant.
Legal Topics
['contractor Licence' 'fit and Proper Person' 'disqualification for Offence Involving Dishonesty' 'passage of Time Since Offence' 'rehabilitation']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['contractor Licence' 'fit and Proper Person' 'disqualification for Offence Involving Dishonesty' 'passage of Time Since Offence' 'rehabilitation']

Case Brief

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Procedural Posture

Administrative Review of Refusal of an Application for a Contractor Licence Under the Home Building Act 1989 (nsw) / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the Applicant was disqualified under sections 20(1)(c) and 33A of the Home Building Act 1989 (NSW) from holding a contractor licence because of offences involving dishonesty within the last 10 years.' "Whether the Applicant's offences involving dishonesty should be ignored under section 33A(2) of the Home Building Act 1989 (NSW) because of the time that had passed since they were committed or because of triviality." 'Whether the Applicant was a fit and proper person to hold a contractor licence under sections 20(1)(a) and 20(1A) of the Home Building Act 1989 (NSW).']

Ratio Decidendi

The Applicant had been convicted of offences involving dishonesty within the last 10 years, but the Tribunal was satisfied under section 33A(2) of the Home Building Act 1989 (NSW) that those offences should be ignored because sufficient time had passed since their commission, they were not committed in the course of the licensed tiling and waterproofing activities, and there was extensive credible evidence of rehabilitation. The Applicant was therefore not disqualified under section 20(1)(c). Having regard to his qualifications, work history, lack of evidence of complaints, candour about his criminal history, rehabilitation, support network, community service, abstinence from drugs, and...

Court Disposition

Decision under review set aside; contractor licence to be issued to the Applicant.

Orders

  • ['The Decision under review is set aside.' 'A contractor licence in the categories of Wall & Floor Tiler and Waterproofing Technician is to be issued to the Applicant under the Home Building Act 1989 (NSW).']