Giann v Department of Finance and Services (Commissioner for Fair Trading) [2013] NSWADT 129

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Giann v Department of Finance and Services (Commissioner for Fair Trading) [2013] NSWADT 129 Hearing dates: 18 February 2013 and 28 February 2013 Decision date: 07 June 2013 Jurisdiction: General Division Before: C Huntsman, Judicial member Decision: The decision is affirmed Catchwords: Fit and proper person, LPG installations, Motor mechanic Legislation Cited: Motor Vehicle Repairs Act 1980 Cases Cited: AJO v Director-General Department of Transport [2012] NSWADT 101 Ng & Anor v Commissioner for Fair Trading, NSW Office of Fair Trading & Anor [2007] NSWADT 259 Pilipczyk & Anor v Commissioner for Fair Trading, NSW Office of Fair Trading [2007] NSWADT 85 Category: Principal judgment Parties: H Giann (Applicant) Department of Finance and Services, Respondent (Respondent) Representation: H Giann (Applicant in person) Legal Services, Department of Finance and Services, Respondent File Number(s): 123323

REASONS FOR DECISION

Background 1This was an application by Mr Harry Giann, the applicant, for review of a decision of the respondent, the Department of Finances and Services, to take disciplinary action against the applicant under the Motor Vehicle Repairs Act 1980 (the Act). 2The applicant was issued with a Show Cause Notice on 28 May 2012 and made verbal submissions at a record of interview on 27 July 2012. A determination was made by the respondent on 29 October 2012 to cancel the applicant's licence numbered MVTC134477 which was issued to the applicant in the class of Liquefied Petroleum Gas Mechanic. The respondent also decided to disqualify the applicant for a period of three years from holding a licence under the Act or being concerned in the direction, management or conduct of a business for the carrying on of which a licence under the Act is required. In relation to the applicant's tradeperson's certificate number MVTC97752, issued to the applicant in the class of the motor mechanic, the respondent decided to take no further action. 3By way of background it is noted that the applicant was issued with a trade persons certificate on 22 October 1996 in the class of Motor Mechanic and the certificate is still current. On 30 January 2007 the applicant was also issued with an additional tradesperson certificate in the class of Liquefied Petroleum Gas Mechanic. In respect of the licence issued to him on 17 January 2007, licence number MVRL45532, this is a licence issued to the applicant to carry on the functions of a Motor Mechanic Fixed Workshop and a Liquefied Petroleum Gas Mechanic. The applicant has traded under the business name MBV Automobiles from workshop premises in Bankstown. The basis of the respondent's decision concerned work to motor vehicles carried out by the applicant in installation of LPG systems. . 4At the time of the respondent's decision the focus was on the applicant's work to two vehicles - a Hyundai iLoad van and a Ford Falcon motor vehicle. Detailed reasons were provided for the decision by the respondent, refer folios 303 -317 of section 58 documents submitted in this matter. The reasons were contained in the Schedule to Notice Of Determination to Take Disciplinary Action, dated 29 October 2012. 5At the time of the hearing of the current review application the respondent also relied on an inspection report in relation to a third vehicle, being a Nissan Pathfinder. The evidence in relation to these matters is further detailed below. 6In summary the respondent's case was that there were grounds for disciplinary action under the Act, given the applicant's poor workmanship on the three vehicles and the safety issues involved in poor installation of LPG systems, and also because the applicant failed to comply with orders of the Consumer, Trader And Tenancy Tribunal (CTTT). The applicant contested the evidence in relation to his alleged poor workmanship and also in relation to the CTTT orders, as further detailed below.