Tange v NSW Fair Trading [2013] NSWADT 201

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Tange v NSW Fair Trading [2013] NSWADT 201 Hearing dates: 11 June 2013; 28 June 2013 Decision date: 28 June 2013 Jurisdiction: General Division Before: S Montgomery, Judicial Member Decision: The decision under review is set aside. In its place, the decision is made that the licence is granted. Catchwords: Home Building Act - contractor licence - relevant industry experience - wide range of building construction work - licence granted Legislation Cited: Administrative Decisions Tribunal Act 1997 Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409. Category: Principal judgment Parties: Drew Lloyd Tange (Applicant) NSW Fair Trading (Respondent) Representation: Ms R Oliver agent for the Applicant Ms B Lu for the Respondent File Number(s): 133020

reasons for decision 1GENERAL DIVISION (S MONTGOMERY, (JUDICIAL MEMBER)): This is an application by Drew Tange ("the Applicant") for review of a determination by a delegate of the Commissioner for Fair Trading. The delegate determined to refuse the Applicant's application for a contractor licence under the Home Building Act 1989 ("the Act"). That determination was affirmed on internal review. 2The refusal was made on the basis that the Applicant did not have sufficient experience to meet the requirements of the Act.

Background 3The background to the application is not in dispute. It is set out in the reasons provided for the internal review determination in the following terms: 1) On 21 August 2012, Drew Tange (The applicant') lodged an application with Fair Trading for an individual contractor licence for the category of general building work. 2) In support of the application the applicant supplied the following relevant information with the lodged application form: i) a certified copy of BCG30203 Certificate III in Carpentry from TAFE NSW, dated 13 December 2010; ii) a certified copy of 90944NSW Certificate IV in Building Studies, Residential from TAFE NSW, dated December 2008; iii) a certified copy of a Transcript of Academic Record of the units of competency completed from 90945NSW Diploma of Building Studies from TAFE NSW dated 8 July 2009; iv) a reference on a Alvaro Bros letterhead signed and dated 30 June 2011 by Antonia Kralj, Manager; v) a 'Referee Statement' form from Domenico Alvaro, signed and dated 18 July 2012; vi) a 'Referee Statement' form from Andrew O'Neill, signed and dated 13 August 2012; vii) a 'Referee Statement' form from Mark Preston, signed and dated 9 July 2012; viii) a 'Referee Statement' form from Luigi Genova, signed and dated 17 August 2012. 3) A file note by a Fair Trading Officer, dated 21 September 2012, records an account of a telephone conversation with the applicant's referee Luigi Genova. 4) A file note by a Fair Trading Officer, dated 26 September 2012, records an account of a telephone conversation with the applicant's referee Andrew O'Neill. Refusal of application 5) On 2 October 2012, Fair Trading forwarded to the applicant by post, a notice of determination advising that the application for an individual contractor licence for building had been refused as the applicant had not verified he had attained the required two years relevant industry experience in a wide range of building construction work. The reasons stated for the refusal decision were as follows: - the referee Luigi Genova referred to work as a carpenter and leading hand; - the referee Andrew O'Neill stated the work was sub contract carpentry; - the referee Domineco Alvaro stated the work was sub contract carpentry; - the referee Mark Preston was not an acceptable referee; - the referee Andrew Parkinson did not complete a Referee Statement form and his reference referred to labouring work only. Request for an internal review 6) On 29 October 2012, Fair Trading received a request for an internal review of the refusal decision from the applicant. To support the internal review request the applicant submitted a letter in which he provided the following to support the internal review: i) he claimed referees Andrew O'Neill and Domenico Alvaro provided false and misleading information regarding the extent of his experience; ii) a resume of work undertaken for Andrew O'Neill, On Constructions Pty Ltd; iii) various emails which are claimed as evidence of his work responsibilities with On Constructions Pty Ltd; iv) a resume of work undertaken for Domenico Alvaro, Alvaro Bros; v) a Referee Statement form from Greg Anderson signed and dated 13 October 2012; vi) a reference on a Greg Alderson Constructions letterhead signed and dated 13 October 2012 by Greg Alderson; vii) a Referee Statement form from Andrew Parkinson signed and dated 15 October 2012; viii) a reference on an Andrew Parkinson letterhead signed and dated 15 October by Andrew Parkinson.