Vella v Department of Finance and Services [2013] NSWADT 84

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Vella v Department of Finance and Services [2013] NSWADT 84 Hearing dates: 11 March 2013 Decision date: 22 April 2013 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision is affirmed Catchwords: Two years' relevant industry experience in a wide range of building construction work; endorsed contractor licence Legislation Cited: Sections 21, 25, 26, 27, 32, 33, 106 Home Building Act 1989; clauses3, 9, 28, 46, 50 Home Building Regulation 2004 Cases Cited: Kocoski v Department of Services, Technology and Administration [2011] NSWADT 135 Category: Principal judgment Parties: Mark Vella (Applicant) Department of Finance and Services (Respondent) Representation: M Vella (Applicant in person) Legal Services, Department of Finance and Services (Respondent) File Number(s): 123321

REASONS FOR DECISION 1This was an application by Mr Mark Vella, the applicant, for review of a decision of the respondent, Department of Finance and Services (Department of Fair Trading) to refuse an application for a contractor licence, category building. 2On 26 July 2012 the applicant lodged an application with the respondent to vary his individual contractor licence to include the category of general building work. The applicant provided detailed documentation with the application which the respondent had regard to, as noted in the respondent's internal review decision of 22 October 2012. The respondent decided that the applicant did not have the required two years' relevant industry experience in a wide range of building construction work. The applicant applied for review of that decision by the tribunal. 3For many years the applicant has conducted a business, installing and renovating kitchens, pursuant to a relevant authority/ contractor licence under the Home Building Act 1989 (the Act). The applicant applied to vary that authority to include in the contractor licence, category building. It is the respondent's refusal of the application which is the subject of the current review proceedings.