Dowling v Secretary, Department of Customer Service [2024] NSWCATOD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Dowling v Secretary, Department of Customer Service [2024] NSWCATOD 205 Hearing dates: 18 October 2024 Date of orders: 20 December 2024 Decision date: 20 December 2024 Jurisdiction: Occupational Division Before: K Robinson, Principal Member Decision: (1) The decision under review is set aside. (2) In substitution, pursuant to section 62(1)(a) of the Home Building Act 1989 the Tribunal determines to take no further action against the applicant. Catchwords: ADMINISTRATIVE LAW – administrative review - Home Building – plumbing work - cancellation of contractor licence - disciplinary action Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Plumbing and Drainage Act 2011 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 316 Bronze Wing International Pty Limited v SafeWork New South Wales [2017] NSWCA 42 Lang v The Queen [2023] HCA 29 Makita (Australia) Pty Ltd v Sprowles [2001] NSWCA 305 Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Pilipczyk & anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Shi v Migration Agents Registration Authority [2008] HCA 31 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Sullivan v Civil Aviation Authority (2014) 22 FCR 555 Tadros v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 271 YG and GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: Guidelines for Determining a Disciplinary Outcome Plumbing Code of Australia 2019 Category: Principal judgment Parties: Troy Dowling (Applicants) Secretary, Department of Customer Service (Respondent) Representation: Counsel: J Green (Applicant)