Parsons v Commissioner for Fair Trading [2017] NSWCATOD 92

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Parsons v Commissioner for Fair Trading [2017] NSWCATOD 92 Hearing dates: 24 May 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: MOTOR DEALERS AND REPAIRERS - tradesperson's certificate – criminal convictions – non-disclosure of convictions on application form - fit and proper person – relevant criteria under Act Legislation Cited: Motor Dealers and Repairers Act 2013 Cases Cited: Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 AJO v Director-General of Transport [2012] NSWADT 101 Austin v Commissioner for Fair Trading & Commissioner of Police [2016] NSWCATAP 179 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Cooper v Commissioner for Fair Trading [2016] NSWCATOD 15 Category: Principal judgment Parties: Benjamin James Leigh Parsons (Applicant) Commissioner for Fair Trading, Department of Finance, Services & Innovation (Respondent) Representation: Solicitors: In Person (Applicant) Fair Trading Legal Services, Office of Finance and Services (Respondent) File Number(s): 2017/00073685

REASONS FOR DECISION 1. This is an application by Benjamin James Leigh Parsons seeking review of a decision by the Commissioner for Fair Trading (the Commissioner) that he not be granted a tradesperson's certificate under the Motor Dealers and Repairers Act 2013 (the Act). This decision was made on 28 October 2016 and affirmed on internal review on 29 November 2016. 2. Mr Parsons had applied for a tradesperson's certificate in the Class of Repair Work being Motor Mechanic. In the application Mr Parsons did not disclose, as required, that he had been found guilty of any offences in the preceding 10 years. A New South Wales Criminal Police Search obtained by the Commissioner revealed that Mr Parsons had been found guilty of multiple offences between August 2009 and January 2016. 3. The Commissioner refused to grant the tradesperson's certificate on the basis that Mr Parsons is not a fit and proper person to hold a licence.