GNM v Building Commission NSW [2024] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GNM v Building Commission NSW [2024] NSWCATOD 92 Hearing dates: 24 June 2024 Date of orders: 03 July 2024 Decision date: 03 July 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: 1. The decision under review is set aside. 2. A contractor licence under the Home Building Act 1989 in the category of electrician is to be issued to the Applicant subject to a condition prohibiting the Applicant from performing work at residential premises where an occupation certificate has been issued. Catchwords: ADMINISTRATIVE LAW – administrative review – contractor licence – electrician - fit and proper person - condition to restrict to non-residential work Legislation Cited: Administrative Decisions Review Act 1997 Child Protection (Offenders Registration) Act 2000 Home Building Act 1989 Cases Cited: AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Gambino v Commissioner for NSW Fair Trading [2014] NSWCATOD 135 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 McGufficke v Commissioner for Fair Trading [2022] NSWCATOD 176 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Shi v Migration Agents Registration Authority [2008] HCA 31 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Sullivan v Civil Aviation Authority (2014) 22 FCR 555; [2014] FCAFC 93 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Category: Principal judgment Parties: GNM (Applicant) Building Commission NSW (Respondent) Representation: Counsel: C Lambert (Respondent)