Victorian Building Authority v AndriotisCitation:[2019] HCA 22Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:07 Aug 2019Case Number:M134/2018Read more

Victorian Building Authority v AndriotisCitation:[2019] HCA 22Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:07 Aug 2019Case Number:M134/2018Read more

The court held that the local registration authority does not have discretion to refuse registration based on the 'good character' requirement, as it is not a qualification relating to fitness to carry on the occupation under the Mutual Recognition Act 1992 (Cth).

Parties
Applicant: Respondent; Respondent: Local Registration Authority of Second State
Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Statutory Interpretation / Judgment
Outcome
registration granted
Legal Topics
Mutual Recognition, Registration for Occupation, Statutory Discretion, Good Character Requirement
Administrative Law Statutory Interpretation Mutual Recognition Registration for Occupation Statutory Discretion Good Character Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Respondent

Applicant

Local Registration Authority of Second State

Respondent

Procedural Posture

Statutory Interpretation / Judgment

Legal Issues

  1. 1 Does the local registration authority have discretion to refuse registration under the Mutual Recognition Act 1992 (Cth)?
  2. 2 Is the 'good character' requirement a law based on qualification relating to fitness to carry on an occupation under s 17(2) of the Mutual Recognition Act?

Ratio Decidendi

The court held that the local registration authority does not have discretion to refuse registration based on the 'good character' requirement, as it is not a qualification relating to fitness to carry on the occupation under the Mutual Recognition Act 1992 (Cth).

Court Disposition

registration granted

Orders

  • The respondent is entitled to registration in the second State.
  • The local registration authority must grant registration to the respondent.