Gearin v Secretary of the Department of Customer Service [2025] NSWCATOD 9

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gearin v Secretary of the Department of Customer Service [2025] NSWCATOD 9 Hearing dates: 29 February 2024 Date of orders: 29 January 2025 Decision date: 29 January 2025 Jurisdiction: Occupational Division Before: K Mobbs, Senior Member Decision: The decisions under review are affirmed Catchwords: ADMINISTRATIVE REVIEW – Registered certifier –Whether decisions to cancel applicant's registration and disqualify him from registration for 6 years are the correct and preferable decisions Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building and Development Certifiers Act 2018 (NSW) Building Professionals Act 2005 (NSW) (repealed) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Cases Cited: Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14 Building Professionals Board v Boulle [2008] NSWADT 80 Freixas v Commissioner for Fair Trading, Department of Customer Service (No 2) [2020] NSWCATOD 78 Gearin v Commissioner for Fair Trading [2023] NSWCATOD 155 Law Society of NSW v Shalovsky [2008] NSWADT 14 McDonald v Director-General of Social Security (1984) 1 FCR 354 Nakad v Commissioner of Police, New South Wales Police Force [2014] NSWCATAP 10 Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4 Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31 Texts Cited: Nil Category: Principal judgment Parties: Paul Gearin (Applicant) Secretary of the Department of Customer Service (Respondent) Representation: Counsel: J Reid (Applicant) M Fozzard (Respondent)