Andriotis v Victorian Building Authority [2018] FCAFC 24

FEDERAL COURT OF AUSTRALIA

Andriotis v Victorian Building Authority [2018] FCAFC 24 Appeal from: Andriotis and Building Practitioners Board [2017] AATA 378

File number: VID 417 of 2017

Judges: FLICK, BROMBERG AND RANGIAH JJ

Date of judgment: 21 February 2018

Catchwords: ADMINISTRATIVE LAW – Mutual Recognition Act 1992 (Cth), Part 3, mutual recognition of occupations –appeal from decision of the Administrative Appeals Tribunal affirming the decision of the local registration authority – where the applicant, a registered waterproofer in New South Wales, applied for registration as a waterproofer in Victoria – whether the applicant was entitled to registration in Victoria – whether registration authority was entitled to take account of the applicant's "good character" in an assessment of the application for registration – where s 17(2) provides for an "exception" to the mutual recognition principle for operation of laws which "regulate the manner of carrying on" an occupation – where s 17(2)(b) provides a qualification to that exception that those laws may not relate to the "possession of some qualification" relating to "fitness to carry on" the occupation – whether "good character" is a qualification engaging s 17(2)(b) – "good character" is a qualification according to the natural and ordinary meaning of "qualification" – nothing in the context and purpose of the provision requires a meaning other than the natural and ordinary meaning of "qualification" to be employed – whether the Tribunal retained a residual discretion to refuse under s 20(2) – s 20 not concerned with refusal – registration authority had no power to refuse application on any ground other than those contained in ss 23(1)(a)–(b) – registration authority not entitled to separately consider applicant's "good character" – appeal allowed