Barber v Commissioner for Fair Trading [2024] NSWCATOD 42

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Barber v Commissioner for Fair Trading [2024] NSWCATOD 42 Hearing dates: 23 February 2024 Last submission received on 06 March 2024 Date of orders: 09 April 2024 Decision date: 09 April 2024 Jurisdiction: Occupational Division Before: L Andelman, Senior Member Decision: (1) The decision of the Respondent dated 31 July 2023 is set aside. (2) The Respondent is to grant the Applicant a Qualified Supervisor Certificate in specialist category of disconnection and reconnection of fixed electrical equipment (appliances) within 28 days of the publication of these reasons for decision. (3) A hearing is dispensed with pursuant to s50 of the Civil and Administrative Tribunal Act 2013. Catchwords: ADMINISTRATIVE LAW - qualified supervisor certificate in the category of disconnection and reconnection of fixed electrical equipment (appliances) licence - administrative review of decision to refuse licence - scope of work within the Instrument - qualification required Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Act 2013 (NSW) Home Building Act 1989 (NSW) Cases Cited: Commissioner of Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Texts Cited: None Category: Principal judgment Parties: Daniel Barber (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Applicant (self-represented) N Sandhu (Commissioner for Fair Trading (Respondent) File Number(s): 2023/00261829 Publication restriction: N/A