Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Director General, Department of Finance & Services v Porter [2014] NSWCATAP 6 Hearing dates: 20 February 2014 Decision date: 13 March 2014 Jurisdiction: Appeal Panel - Internal Before: Wright J, President G Walker, Senior Member M Bolt, General Member Decision: 1. The appeal be allowed in part; 2. The decision of the Tribunal made on 27 September 2013 be set aside; and 3. The matter be remitted to the Administrative and Equal Opportunity Division for determination in accordance with these reasons. Catchwords: REAL ESTATE AGENTS - fit and proper person test - whether failure to take into account a relevant consideration - discretion as to disciplinary action

PROCEDURE - transitional matters - law governing the appeal

WORDS & PHRASES - "fit and proper" - Property, Stock and Business Agent Act 2002 (NSW), s 14 Legislation Cited: Administrative Decisions Tribunal Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Property, Stock and Business Agents Act 2002 (NSW) Property, Stock and Business Agents Regulations 2003 (NSW) Cases Cited: Australian Conservation Foundation v Forestry Commission (1998) 19 FCR 127 Azriel v NSW Land & Housing Corporation [2006] NSWCA 372 Bruce v Cole (1998) 45 NSWLR 163 Campbelltown City Council v Vegan (2006) 67 NSWLR 372 Deloitte Touche Tohmatsu v Australian Securities Commission (1996) 136 ALR 453 Hughes and Vale Pty Ltd v New South Wales No 2 [1995] HCA 28; 93 CLR 127 Kostas v HIA Insurance Services Pty Limited (2010) 241 CLR 390 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-86) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Sullivan v Department of Transport (1978) 20 ALR 323 Category: Principal judgment Parties: Director General, Department of Finance & Services (Appellant) Peta Jennifer Porter (Respondent) Representation: Solicitors: NSW Fair Trading Legal Services (Appellant) Harrington, Maguire & O'Brien (Respondent)