Graham v Commissioner for Fair Trading [2024] NSWCATOD 17

Graham v Commissioner for Fair Trading [2024] NSWCATOD 17

The evidence did not satisfy the Tribunal that the Applicant had successfully completed a Certificate IV in Plumbing or a Certificate IV in Gas Fitting, or that any replacement qualification under s 33F(2) applied. Because s 33F(1A) of the Home Building Act 1989 provides that a contractor licence must not be endorsed for medical gasfitting work unless the specified qualification requirement is satisfied, the application to vary the licence had to be refused and the decision under review was affirmed.

Jurisdiction
Australia
Judgment Date
09 February 2024
Procedural Posture
Administrative Review of Licensing Decision / Review of Decision Refusing Application to Vary Contractor Licence to Include Medical Gasfitting
Outcome
The decision under review is affirmed.
Legal Topics
['administrative Review' 'contractor Licence Variation' 'medical Gasfitting Licence Qualifications' 'home Building Act 1989 S 33 F']
['administrative Law' 'occupational Licensing' 'home Building Regulation'] ['administrative Review' 'contractor Licence Variation' 'medical Gasfitting Licence Qualifications' 'home Building Act 1989 S 33 F']

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Procedural Posture

Administrative Review of Licensing Decision / Review of Decision Refusing Application to Vary Contractor Licence to Include Medical Gasfitting

Legal Issues

  1. 1 ['Whether the Applicant had the requisite qualifications for the issue of an endorsed contractor licence authorising medical gasfitting work.' "Whether the Tribunal should affirm or set aside the Respondent's refusal of the application to vary the Applicant's contractor licence."]

Ratio Decidendi

The evidence did not satisfy the Tribunal that the Applicant had successfully completed a Certificate IV in Plumbing or a Certificate IV in Gas Fitting, or that any replacement qualification under s 33F(2) applied. Because s 33F(1A) of the Home Building Act 1989 provides that a contractor licence must not be endorsed for medical gasfitting work unless the specified qualification requirement is satisfied, the application to vary the licence had to be refused and the decision under review was affirmed.

Court Disposition

The decision under review is affirmed.

Orders

  • ['The decision under review is affirmed.']