Hawcroft v Building Commission NSW [2024] NSWCATOD 60

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Hawcroft v Building Commission NSW [2024] NSWCATOD 60 Hearing dates: 29 April 2024 Date of orders: 09 May 2024 Decision date: 09 May 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW — Home Building — application for variation of contractor licence — qualification and experience requirements set out in instrument issued by the Respondent — whether the applicant meets the requirements of the Instrument Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Mutual Recognition (New South Wales) Act 1992 Cases Cited: Commissioner of Fair Trading, NSW Department of Customer Service v Kalkan [2022] NSWCATAP 112 Edwards v Commissioner for Fair Trading [2022] NSWCATOD 40 Hale v Commissioner of Fair Trading [2015] NSWCATOD 1 Shoobridge v Commissioner of Fair Trading [2015] NSWCATOD 42 Texts Cited: None Category: Principal judgment Parties: James-Thomas Hawcroft (Applicant) Building Commission NSW (Respondent) Representation: Self-Represented (Applicant) Department of Customer Service (Respondent) File Number(s): 2023/00463069 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. James-Thomas Hawcroft applied for a variation to his contractor licence to remove a condition from his licence. The reason Mr Hawcroft applied for the variation was so that he could do building work in New South Wales in his own right without the need to have a nominated qualified supervisor. 2. The Building Commission NSW refused that application on 2 November 2023 because the Commissioner was not satisfied Mr Hawcroft had demonstrated he had the required relevant qualifications and experience to be granted the variation. Mr Hawcroft has sought review of that decision.