Board of Professional Engineers of Queensland v Gardner [2021] FCA 564

Federal Court of Australia

Board of Professional Engineers of Queensland v Gardner [2021] FCA 564 File number: QUD 63 of 2021

Judgment of: LOGAN J

Date of judgment: 28 May 2021

Catchwords: ADMINISTRATIVE LAW – mutual recognition – appeal from a decision of the Administrative Appeals Tribunal setting aside the decision of the local registration authority – whether the Tribunal erred in their construction of the Mutual Recognition Act 1992 (Cth) – where certifier registered in New South Wales as "Certifier – fire safety" – whether occupation equivalent to a Registered Professional Engineer in the area of Fire Safety in Queensland – appeal allowed

Legislation: Constitution ss 51, 92, 117, 122 Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Mutual Recognition Act 1992 (Cth) ss 4, 17, 21, 28, 29, Mutual Recognition (Queensland) Act 1992 (Qld) Professional Engineers Act 2002 (Qld) ss 6, 7, 7A, 115, Sch 2 Building and Development Certifiers Act 2018 (NSW) ss 4, 5 Building Professionals Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) s 6.5 Building and Development Certifiers Regulation 2020 (NSW) Sch 1 Environmental Planning and Assessment Regulations 2000 (NSW)

Cases cited: Board of Examiners under the Mines Safety and Inspection Act 1994 (WA) v Lawrence (2000) 100 FCR 255 Cole v Whitfield (1988) 165 CLR 360 Frugtniet v Australian Securities and Investments Commission (2019) 266 CLR 250 Medical Board of Queensland v Renton (2006) 152 FCR 566 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Re Costello and Secretary, Department of Transport (1979) 2 ALD 934 Sande v Registrar, Supreme Court of Queensland (1996) 64 FCR 123 Street v Queensland Bar Association (1989) 168 CLR 461 Victorian Building Authority v Andriotis (2019) 93 ALJR 869