Graham v Commissioner for Fair Trading [2024] NSWCATOD 17

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Graham v Commissioner for Fair Trading [2024] NSWCATOD 17 Hearing dates: 7 June 2023 and 17 July 2023 Date of orders: 09 February 2024 Decision date: 09 February 2024 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – administrative review – licensing – variation of contractor licence- qualification requirements under s33F of the Home Building Act 1989 Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 National Vocational Education and Training Regulator Act 2011 (Cth) Cases Cited: Brandusoiu -v- Commissioner of Police [1999] NSWADTAP 8 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Shi v Migration Agents Registration Authority [2008] HCA 31 Texts Cited: Nil Category: Principal judgment Parties: Ryan Graham (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (Self-represented) Department of Customer Service (Respondent) File Number(s): 2023/00023660 Publication restriction: Nil

REASONS FOR DECISION

Background 1. Ryan Graham (the Applicant) held a contractor licence in the categories of water plumber (excluding Thermostatic mixing valves), gasfitter and LP gasfitter between 11 August 2010 and 10 August 2016 when it expired (expired licence). The Applicant did not seek to renew the expired licence. 2. On 15 November 2021, the Applicant completed an application, together with attachments, for an individual contractor licence in the categories of plumber, gasfitter and LP gasfitter. 3. On 3 February 2022, the Applicant was issued with a Notice under s 14 of the Licensing and Registration (Uniform Procedures) Act 2002, requiring him to submit further evidence as to his qualifications. The Applicant was advised by an officer from Fair Trading that he met the eligibility for a licence in the categories of gasfitter and LP gasfitter only, and that if he wished to apply for a plumber or water plumber licence, he must provide the required qualifications. 4. The Applicant submitted further material and on or about 28 March 2022, the Applicant was effectively informed by an officer from Fair Trading that he did not meet the qualification requirements for a plumbing licence at that time. On the same day, the Applicant accepted an offer to be issued with a contractor licence in the categories of gasfitter and LP gasfitter only (current licence). The current licence was issued with an expiry date of 10 April 2027. 5. On 13 August 2022, the Applicant completed an application to vary his current licence to include the specialist category of medical gasfitting (the Application). 6. On 26 September 2022, the Applicant was issued with a further Notice under s 14 of the Licensing and Registration (Uniform Procedures) Act requiring him to provide further material. Specifically, the Applicant was asked to provide a copy of his "final transcript or certificate for either a FULLY completed Certificate III in Gasfitting or a FULLY completed Certificate IV in plumbing". 7. On 29 September 2022, a delegate of the Commissioner for Fair Trading (the Respondent) refused the Application on the basis that the qualifications submitted by the Applicant were not acceptable for the issue of the licence and could not be accepted in lieu of one of the approved qualifications for medical gasfitting. 8. On 7 October 2022, the Applicant applied for an internal review of the decision to refuse the Application. On 26 October 2022, the delegate of the Respondent varied the original decision and refused the Application. 9. The Applicant applied to this Tribunal for review of that decision on 23 January 2023.