Votano v Building Professionals Board (No 2) [2022] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Votano v Building Professionals Board (No 2) [2022] NSWCATOD 42 Hearing dates: 2 August, 21 October 2021; submissions closed 22 December 2021 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Occupational Division Before: L Pearson, Principal Member Decision: Decision under review is affirmed Catchwords: ADMINISTRATIVE REVIEW – building certifier – application for accreditation – experience requirements – whether applicant has required experience Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building and Development Certifiers Act 2018 (NSW) Building and Development Certifiers Regulation 2020 (NSW) Building Professionals Act 2005 (NSW) Building Professionals Regulation 2007 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Government Sector Employment Act 2013 (NSW) Home Building Act 1989 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008(NSW) Cases Cited: Ananda Marga Pracaraka Samgha Ltd v Tomar (2012) 202 FCR 564 Briggs v Commissioner for Fair Trading Department of Finance, Services and Innovation [2018] NSWCATOD 175 Edrees v Commissioner for Fair Trading [2021] NSWCATOD 32 Egan v Commissioner for Fair Trading, Department of Customer Service [2021] NSWCATAD 209 Grewal v Commissioner for Fair Trading [2014] NSWCATOD 101 Limberis v Commissioner for Fair Trading [2017] NCWCATOD 128 Ngo v Commissioner of Fair Trading, Office of Finance and Services [2019] NSWCATOD 103 Pittwater Council v A1 Professional Tree Recycling Pty Ltd (2008) 165 LGERA 1 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Shoobridge v Commissioner for Fair Trading [2015] NSWCATOD 42 Trengrove v Commissioner for NSW Fair Trading, Department of Finance and Services [2015] NSWCATOD 131 Votano v Building Professionals Board [2021] NSWCATOD 7 Wilmot v Commissioner for Fair Trading [2021] NSWCATOD 43 Texts Cited: None cited Category: Principal judgment Parties: Clayton Votano (Applicant) Building Professionals Board (Respondent) Representation: Counsel: M Fozzard (Respondent)