Dimitrijevich v Construction Occupations Registrar [2019] FCA 2173

FEDERAL COURT OF AUSTRALIA

Dimitrijevich v Construction Occupations Registrar [2019] FCA 2173 File number: SAD 214 of 2019

Judge: ROBERTSON J

Date of judgment: 20 December 2019

Catchwords: TRADE AND COMMERCE – mutual recognition of occupations – building and construction – Mutual Recognition Act 1992 (Cth) – mutual recognition principle – equivalence of occupations – refusal of applicant's application by local registration authority (Construction Occupations Registrar) – review by Administrative Appeals Tribunal – decision of Tribunal on review – whether on remitter by the Tribunal the Registrar gave effect to the Tribunal's decision – whether Registrar gave effect to the Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009 (Cth) (Declaration) – applicant's licence under Queensland Building Services Authority Act 1991 (Qld) being "Builder – Open Licence – Site Supervisor Grade" – Declaration depicted equivalent occupation in the ACT as "Builders Licence Class A BCA – All classes Only valid for work as a nominee" – Registrar's decision to include condition on licence – Registrar's decision to include annotations on licence – whether condition valid – whether licence may contain annotations – whether relief should be withheld by reason of (a) applicant's delay, (b) adequate alternative remedy in the Tribunal, (c) that the annotations were consistent with the legislative scheme, or (d) other inutility ADMINISTRATIVE LAW – decision of Administrative Appeals Tribunal – obligation on primary decision-maker (Construction Occupations Registrar) to give effect to decision of the Tribunal – whether Registrar gave effect to the Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009 (Cth) (Declaration) – applicant's licence under Queensland Building Services Authority Act 1991 (Qld) being "Builder – Open Licence – Site Supervisor Grade" – Declaration depicted equivalent occupation in the ACT as "Builders Licence Class A BCA – All classes Only valid for work as a nominee" – Registrar's decision to include condition on licence – Registrar's decision to include annotations on licence – whether condition valid – whether licence may contain annotations – whether relief should be withheld by reason of (a) applicant's delay, (b) adequate alternative remedy in the Tribunal, (c) that the annotations were consistent with the legislative scheme, or (d) other inutility