Victorian Building Authority v Andriotis [2019] HCA 22

Victorian Building Authority v Andriotis [2019] HCA 22

Under the Mutual Recognition Act 1992 (Cth), a person registered in an occupation in one State is entitled to registration for the equivalent occupation in another State upon lodging the prescribed notice; the registration authority in the second State may not refuse registration based on 'good character' or other qualifications concerning fitness to practice, as these are for the first State to determine. The relevant sections of the MRA establish an exhaustive list of grounds for refusal; 'good character' is not among them. Accordingly, the Victorian authority had no power to refuse Mr Andriotis registration for want of good character.

Parties
Appellant: Victorian Building Authority; Respondent: Nickolaos Andriotis
Jurisdiction
Australia
Judgment Date
07 August 2019
Procedural Posture
Appeal / High Court Appeal From the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Mutual Recognition of Occupational Qualifications, Statutory Construction, Discretion of Administrative Bodies, Registration for Occupation, National Market for Occupations
Administrative Law Statutory Interpretation Regulatory Law Mutual Recognition of Occupational Qualifications Statutory Construction Discretion of Administrative Bodies Registration for Occupation National Market for Occupations

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Parties

Victorian Building Authority

Appellant

Nickolaos Andriotis

Respondent

Procedural Posture

Appeal / High Court Appeal From the Federal Court of Australia

Legal Issues

  1. 1 Whether the Mutual Recognition Act 1992 (Cth) permits a local registration authority in a second State to refuse registration of a person registered in the first State based on the person's 'good character'.
  2. 2 Whether the 'good character' requirement in the Building Act 1993 (Vic) is a law based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation under the MRA.
  3. 3 Interpretation of discretionary powers under s 20(2) of the MRA.

Ratio Decidendi

Under the Mutual Recognition Act 1992 (Cth), a person registered in an occupation in one State is entitled to registration for the equivalent occupation in another State upon lodging the prescribed notice; the registration authority in the second State may not refuse registration based on 'good character' or other qualifications concerning fitness to practice, as these are for the first State to determine. The relevant sections of the MRA establish an exhaustive list of grounds for refusal; 'good character' is not among them. Accordingly, the Victorian authority had no power to refuse Mr Andriotis registration for want of good character.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.