Dziurek v Secretary of the Department of Customer Service [2024] NSWCATOD 140

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dziurek v Secretary of the Department of Customer Service [2024] NSWCATOD 140 Hearing dates: 26 July 2024, 23 August 2024 Date of orders: 04 September 2024 Decision date: 04 September 2024 Jurisdiction: Occupational Division Before: K Robinson, Senior Member Decision: (1) The decision under review is set aside. (2) The Applicant is to be granted a contractor licence under the Home Building Act 1989 in the category of carpentry work. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – bankruptcy – whether Secretary's discretion should be exercised within three year bar Legislation Cited: Administrative Decisions Review Act 1997 Better Regulation Legislation Amendment (Miscellaneous) Act 2024 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Clarke v Commissioner of Fair Trading, Office of Fair Trading [2004] NSWADT 273 Shi v Migration Agents Registration Authority [2008] HCA 31 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None Cited Category: Principal judgment Parties: Grant Bradley Dziurek (Applicant) Secretary of the Department of Customer Service (Respondent) Representation: Self-Represented (Applicant) Department of Customer Service (Respondent) File Number(s): 2024/00146770 Publication restriction: Nil

REASONS FOR DECISION 1. Grant Bradley Dziurek applied for a contractor licence on 15 September 2023. The reason Mr Dziurek applied for the licence was so that he could do carpentry work in New South Wales. 2. The Secretary of the Department of Customer Service (the Respondent) refused that application on 12 February 2024 because the Respondent was not satisfied a discretion should be applied to Mr Dziurek following the discharge of his bankruptcy on 31 January 2022. 3. The Respondent conducted an internal review at Mr Dziurek's request and on 22 March 2024 affirmed the Respondent's original decision. 4. Mr Dziurek has sought review of the decision to refuse him a licence.