Cooper v Commissioner for Fair Trading [2017] NSWCATAD 242

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Cooper v Commissioner for Fair Trading [2017] NSWCATAD 242 Hearing dates: 12 April 2017 Date of orders: 08 August 2017 Decision date: 08 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: (1) The respondent's decision to refuse the applicant's application for a Qualified Supervisor Certificate is set aside.

(2) In substitution for that decision, the Tribunal decides that the Respondent is to issue the applicant with a Qualified Supervisor Certificate within 28 days of the date of this decision. Catchwords: ADMINISTRATIVE REVIEW - Home Building Act 1989 - Application for qualified supervisor certificate – application of Instrument – Whether the Tribunal is satisfied that the applicant has the requisite qualifications and experience to be a supervisor Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Home Building Act 1989 Cases Cited: Wall v Commissioner for Fair Trading [2017] NSWCATOD 76 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108 Category: Principal judgment Parties: Wayne Cooper (Applicant) Commissioner for Fair Trading (Respondent) Representation: Wayne Cooper(Applicant in person) Legal Services Fair Trading (Respondent) File Number(s): 2016/00386107

REASONS FOR DECISION 1. On 21 September 2016 Wayne Cooper ("the Applicant") applied to the Commissioner for Fair Trading ("the Respondent") for a qualified supervisor certificate in the category of general building work under the Home Building Act 1989 ("the Act"). On 30 September 2016 the Respondent refused the application and on 23 November 2016 affirmed its decision on internal review, on the basis that the Applicant had "not met the relevant qualification requirements for the issue of a supervisor certificate for general building work". 2. The Applicant previously held an individual contractor licence in the category of general building work for the period 20 August 1992 to 25 May 2005. He was also the holder of a qualified supervisor certificate in the category of general building work for the period 15 November 2004 to 15 November 2010. 3. The Applicant submitted a NSW TAFE Certificate – Civil Engineering Construction Carpentry Trade Course dated 31 December 1979, a transcript for 14 subjects completed as part of a Building Supervision Advanced Certificate Course through TAFE in 1991 and 1992, evidence of other training courses completed, references and referee statements as evidence to support his application.