Draper v Commissioner for Fair Trading, Office of Finance, Services and Innovation. [2017] NSWCATOD 21

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Draper v Commissioner for Fair Trading, Office of Finance, Services and Innovation. [2017] NSWCATOD 21 Hearing dates: 17 August and 17 October 2016 Date of orders: 08 February 2017 Decision date: 08 February 2017 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The decision of the respondent dated 13 May 2016 is set aside. In its place, the Tribunal orders that the applicant's individual contractor licence in the category of carpenter and joiner be varied to the category of general building work. Catchwords: Individual contractor licence in category of general building work – application for variation from category of carpenter and joiner – relevant industry experience in a wide range of building construction work – majority of experience to be within 10 years of date of application. Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 'Qualification requirements for an endorsed contractor licence or supervisor certificate for general building work' - Instrument dated 5 January 2015 pursuant to section 33D(1) of the Home Building Act Cases Cited: Locking v Department of Finance and Services [2013] NSWADT 23 McDonald v Director General of Social Security (1984) 1 FCR 354 Category: Principal judgment Parties: Bradley Draper (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Solicitors: B Draper (Applicant in person) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) File Number(s): 1620138