Wilkinson v Chief Commissioner of State Revenue [2016] NSWCATAD 141

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wilkinson v Chief Commissioner of State Revenue [2016] NSWCATAD 141 Hearing dates: 8 June 2016 Date of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: A Verick, Senior Member Decision: Decision under review is set aside. Catchwords: STATE REVENUE – Regional Relocation Grant – whether applicant employed in the regional job after 1 January 2014 – refusal to grant skilled regional relocation incentive - reversed - s 21 – Regional Relocation Grants Act 2011 Legislation Cited: Regional Relocation Grants Act 2011 Regional Relocation Grants (Skills Incentive) Act 2011 Category: Principal judgment Parties: Edie-Lee Wilkinson (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: CT Ensor (Respondent)

Solicitors: Edie-Lee Wilkinson (Applicant in person) Crown Solicitor's Office (Respondent) File Number(s): 1510653

Reasons for decision

Application 1. This is an application pursuant to s 45 of the Regional Relocation Grants Act 2011 ("the Act") for a review of a decision by the Chief Commissioner not to grant Ms Wilkinson a skilled regional relocation incentive grant. 2. Relevantly, the skilled regional relocation incentive scheme commenced on 1 January 2014, providing a $10,000 grant to eligible applicants who relocate from metropolitan areas of New South Wales to regional areas of New South Wales for employment purposes, including self-employment. 3. Subject to certain eligible criteria, a person who took up a skilled regional job was entitled to a $10,000 skilled regional relocation incentive under s 18 of the Act. The scheme ceased to operate in March 2015.