McKenna v Director General, Department of Fair Trading [2001] NSWADT 10

CITATION: McKenna v Director General, Department of Fair Trading [2001] NSWADT 10 DIVISION: General Division APPLICANT PARTIES: Brett Charles McKenna RESPONDENT Director General, Department of Fair Trading FILE NUMBER: 003187 HEARING DATES: 4/12/2000 SUBMISSIONS CLOSED: 12/15/2000 DATE OF DECISION: 02/01/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Home Builder - issue of contractor licence - Home Building Act - home builder - issue of contractor licence MATTER FOR DECISION: Principal matter LEGISLATION CITED : Home Building Act 1989 CASES CITED: APPLICANT REPRESENTATION: In person RESPONDENT K Bozinovska, legal officer ORDERS: 1. The decision of the Director General, to refuse to issue the applicant with a contractor's licence is affirmed

Introduction 1 On 31 May 2000, Mr McKenna lodged an application with the Tribunal for a review of a decision by the Director General, Department of Fair Trading. The decision was to refuse his application for an individual contractor licence in the category of roof plumbing. 2 Mr McKenna originally applied for the licence on 19 October 1999 and was told by a Departmental officer that he would have to sit for a Trade Test conducted by the Bankstown College of TAFE. He sat for the practical part of that test on 18 February 2000 and again on 27 March 2000 and failed on both occasions. 3 On 17 April 2000 the respondent advised Mr McKenna that his application for a licence had been refused. The respondent affirmed that decision after being requested by Mr McKenna to conduct an internal review of the decision.