Locking v Department of Finance and Services [2013] NSWADT 239

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Locking v Department of Finance and Services [2013] NSWADT 239 Hearing dates: 5 September 2013 Decision date: 05 September 2013 Jurisdiction: General Division Before: Magistrate Hennessy, Deputy President Decision: The decision of the respondent to refuse the Applicant's application for a contractor's licence in the category of "general building work" is affirmed. Catchwords: MERITS REVIEW - whether decision to refuse applicant's application for a contractor's licence in the category of "general building work is correct and preferable decision - whether applicant has a minimum of two years relevant industry experience in a wide range of building construction work. Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Licensing and Registration (Uniform Procedures) Act 2002 Category: Principal judgment Parties: Brett Locking (Applicant) Department of Finance and Services (Respondent) Representation: B Locking (Applicant in person) B Bourke (Department of Finance and Services) (Respondent) File Number(s): 133213

reasons for decision

Introduction 1Mr Locking has applied for a review of a decision to refuse his application for a contractor's licence in the category of "general building work." The Department of Finance and Services refused that application because Mr Locking had not demonstrated that he has a minimum of two years relevant industry experience in a wide range of building construction work.

Legislative Scheme 2Section 20(2) of the Home Building Act 1989 (the Act) provides that the regulations may fix or provide for the respondent to determine standards or other requirements that must be met before any contractor licence is issued or before a contractor licence of a particular kind is issued. 3Section 20(5) of the Act provides that a decision of the respondent relating to the determining of qualifications or other requirements under sub-section (2) cannot be reviewed by the Tribunal in an application for review made under this or any other Act. 4Clause 26(1)(b)(i) of the Home Building Regulation 2004 reads: Page 2. Before a contractor licence is issued, the Director-General must be satisfied that the applicant, if also applying for an endorsement of the contractor licence to show that it is equivalent of a supervisor certificate complies with the requirements prescribed by clause 28(1). 5Clause 28(1) provides: (1) Before a certificate is issued, the Director-General must be satisfied that the applicant: (a) has such qualifications or has passed such examinations or practical tests, or both, as the Director-General determines to be necessary to enable the applicant to do, or to supervise, the work for which the certificate is required, and (b) has had experience of such a kind and for such a period, as the Director-General considers would enable the applicant to do, or to supervise, the work for which the certificate is required, and (c) is capable of doing or supervising work for which the certificate is required. 6The current standards and other requirements determined by the Director- General in relation to the qualifications, examinations and experience required for an endorsed licence or supervisor certificate to do or to supervise building work are set out in an Instrument effective 26 March 2012 (see: NSW Government Gazette No. 33, 30 March 2012). This post dates the Instrument applying at the time of the Internal Review decision.