Caleta v New South Wales Department of Fair Trading [2014] NSWCATOD 150

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Caleta v New South Wales Department of Fair Trading [2014] NSWCATOD 150 Hearing dates: 8 October 2014 and 30 October 2014 Decision date: 12 December 2014 Jurisdiction: Occupational Division Before: J McAteer, Senior Member Decision: 1. 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: Meaning of Lawfully engaged - wide range of building construction - application for contractor licence - general building work Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Cases Cited: Locking v Department of Finance and Services [2013] NSWADT 239 Southern Group v Smith (1997) ATR 107 98 ATC 4733 Category: Principal judgment Parties: Robert Caleta (Applicant) Department of Fair Trading (Respondent) Representation: Counsel: J. Klarica (Applicant) R Caleta (Applicant in person) Department of Fair Trading (Respondent) File Number(s): 1420237

reasons for decision 1This is an application for review of a determination by the delegate of the Respondent to refuse an application by Robert Caleta ('the Applicant') under the Home Building Act 1989 ('the HBA') for an individual contractor licence for the category of general building work. 2The primary reason that the Applicant's application for a contractor licence was refused was that the Respondent found that he did not possess the necessary industry experience required under relevant provisions of the HBA and the Home Building Regulation 2004 ('the Regulation'). This requirement is extrapolated to specify that an application must have a minimum of 2 years industry experience in carrying out or supervising a wide range of residential building construction work, whilst employed or otherwise lawfully engaged.