Field v Commissioner for Fair Trading [2017] NSWCATOD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Field v Commissioner for Fair Trading [2017] NSWCATOD 118 Hearing dates: 3 July 2017 Date of orders: 04 August 2017 Decision date: 04 August 2017 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Home Building Act – supervisor's certificate – qualifications – whether qualifications directly relate to the work to be performed Legislation Cited: Home Building Act 1989 Home Building Regulation 2004 Home Building Regulation 2014 Category: Principal judgment Parties: Mathew John Field (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Solicitors: M Field (Applicant in person) Fair Trading Legal Services, Department of Finance, Services and Innovation (Respondent) File Number(s): 2017/00127088

REASONS FOR DECISION 1. In February 2017 Mathew John Field applied for a Qualified Supervisor Certificate in the specialist work category of disconnection and reconnection of fixed electrical equipment (Appliances and Motors). His application was refused because the Commissioner for Fair Trading ("Fair Trading") determined that Mr Field did not meet the relevant qualifications to be granted the certificate. That decision was affirmed on internal review on 13 April 2017 and Mr Field now seeks review of that decision by the Tribunal.

Legislation 1. The Home Building Act 1989 ("the Act") is part of the legislative scheme which regulates many aspects of the home building industry in New South Wales. The scheme is concerned to provide consumer protection including regulating the issue, suspension and cancellation of various licences in relation to residential building work. 2. Section 24(1)(b) of the Act provides that supervisor certificates may be granted for the purposes of the Act. Section 25(2) states that the regulations may provide for additional qualifications that must be held before a supervisor certificate is issued. 3. Clause 28(1) of the Home Building Regulation 2004 provided: (1) Before a certificate is issued, the Director-General must be satisfied that the applicant: (a) has such qualifications or has passed such examinations or practical tests, or both, as the Director-General determines to be necessary to enable the applicant to do, or to supervise, the work for which the certificate is required, and (b) has had experience of such a kind and for such a period, as the Director-General considers would enable the applicant to do, or to supervise, the work for which the certificate is required, and (c) is capable of doing or supervising work for which the certificate is required. 1. The current standards and other requirements in relation to the qualifications, examinations and experience required for a supervisor certificate are set out in an Instrument which commenced on 17 July 2012 (see: NSW Government Gazette No. 80, 3 August 2012). Although the Instrument was made under the 2004 Regulations, there was no argument before me that it remains effective under the Home Building Regulation 2014 which are the Regulations currently in force.