Director General, Department of Finance and Services v Baldacchino (GD) [2013] NSWADTAP 29

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Director General, Department of Finance and Services v Baldacchino (GD) [2013] NSWADTAP 29 Hearing dates: 29 May 2013 and 19 June 2013 Decision date: 27 June 2013 Jurisdiction: Appeal Panel - Internal Before: Judge K P O'Connor, President S Leal, Judicial Member P Goudie, Non-judicial Member Decision: 1. Appeal allowed in relation to the second order of the Tribunal made 4 February 2013, i.e. the orders that set aside the administrator's two disqualification decisions in the determination dated 25 May 2012. 2. Leave to extend to the merits in that respect granted. 3. Administrator's two disqualification decisions affirmed. Catchwords: OCCUPATIONAL LICENSING - Motor Vehicle Repairers Licence - Tribunal affirmed cancellation order, but set aside disqualification orders - Appeal by Administrator seeking reinstatement of disqualification orders - Tribunal misunderstood period of disqualification and did not address the disqualification relating to involvement in management - Tribunal decision set aside - Appeal extended to merits - Disqualification orders reinstated Legislation Cited: Administrative Decisions Tribunal Act 1997 Motor Vehicle Repairs Act 1980 Category: Principal judgment Parties: Director General, Department of Finance and Services (Appellant) Alexander Baldacchino (Respondent) Representation: Counsel P Griffin (Appellant) W Maynard, Department of Finance and Services (Appellant) In person (Respondent) File Number(s): 139008 Decision under appeal Jurisdiction: 9108 Citation: Baldacchino v Director General, Department of Finance and Services [2013] NSWADT 24 Date of Decision: 2013-02-04 00:00:00 Before: General Division File Number(s): 123163