McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258

McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258

The applicant was not presently a fit and proper person to hold a Contractor Licence because his serious criminal convictions, current parole status, lack of remorse or insight, failure to accept responsibility, absence of evidence of rehabilitation or supportive community references, and likely negative community reputation meant the respondent could not assure the public that he was a person of good character, honesty or integrity. The correct and preferable decision was to affirm the refusal.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Administrative Review of Refusal of Application for an Individual Contractor Licence Under the Home Building Act 1989 / Tribunal Review of Internal Review Decision
Outcome
The respondent's decision to refuse the applicant's application for a Contractor Licence under the Act is affirmed.
Legal Topics
['contractor Licence' 'fit and Proper Person' 'criminal Convictions' 'parole' 'rehabilitation' 'community Confidence']
['administrative Law' 'licensing' 'home Building Regulation'] ['contractor Licence' 'fit and Proper Person' 'criminal Convictions' 'parole' 'rehabilitation' 'community Confidence']

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Procedural Posture

Administrative Review of Refusal of Application for an Individual Contractor Licence Under the Home Building Act 1989 / Tribunal Review of Internal Review Decision

Legal Issues

  1. 1 ['Whether the applicant was a fit and proper person to hold a Contractor Licence under the Home Building Act 1989' "Whether the applicant's criminal convictions, current parole status, lack of remorse and lack of evidence of rehabilitation justified refusal of the licence application"]

Ratio Decidendi

The applicant was not presently a fit and proper person to hold a Contractor Licence because his serious criminal convictions, current parole status, lack of remorse or insight, failure to accept responsibility, absence of evidence of rehabilitation or supportive community references, and likely negative community reputation meant the respondent could not assure the public that he was a person of good character, honesty or integrity. The correct and preferable decision was to affirm the refusal.

Court Disposition

The respondent's decision to refuse the applicant's application for a Contractor Licence under the Act is affirmed.

Orders

  • ["The respondent's decision to refuse the applicant's application for a Contractor Licence under the Act is affirmed."]