Kaltoum v Commissioner for Fair Trading [2022] NSWCATOD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kaltoum v Commissioner for Fair Trading [2022] NSWCATOD 138 Hearing dates: 23 September 2022 Date of orders: 03 November 2022 Decision date: 03 November 2022 Jurisdiction: Occupational Division Before: S E Frost, Senior Member Decision: The decision under review is affirmed. Catchwords: OCCUPATIONAL LICENSING – building practitioner – whether Applicant has the qualifications, skills, knowledge and experience to carry out the work for which the Applicant is seeking registration Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Design and Building Practitioners Act 2020 (NSW) Design and Building Practitioners Regulation 2021 (NSW) Cases Cited: None cited Texts Cited: None cited Category: Principal judgment Parties: Damian Kaltoum (Applicant) Commissioner for Fair Trading (Respondent) Representation: Applicant (self-represented) Department of Customer Service (Respondent) File Number(s): 2022/00155704 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. Damian Kaltoum is 28 years old and has worked in the construction industry for much of the time since he left school. 2. In March 2022 Mr Kaltoum applied to Fair Trading to become a registered practitioner under the Design and Building Practitioners Act 2020 (NSW) (the DBP Act). The category of practitioner for which he sought registration is 'building practitioner – body corporate nominee'. His application was unsuccessful. 3. Mr Kaltoum applied for an internal review of the registration refusal decision but the internal review confirmed the initial decision. He has now applied to this Tribunal for an administrative review of the decision to refuse him registration.