McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: McIvor v Commissioner for Fair Trading [2017] NSWCATAD 258 Hearing dates: 22 May 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: D Dinnen, Senior Member Decision: The respondent's decision to refuse the applicant's application for a Contractor Licence under the Act is affirmed. Catchwords: ADMINISTRATIVE REVIEW - Home Building Act 1989 - individual contractor licence – fit and proper – convicted of criminal offences – currently on parole – no evidence of rehabilitation – community standards Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Licensing and Registration (Uniform Procedures) Act 2002 Property, Stock and Business Agents Act 2002 Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Cooper v Commissioner for Fair Trading [2016] NSWCATOD 15 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v The State of New South Wales (1955) 93 CLR 127 McEvoy v Director General of the Department of Fair Trading [2000] NSWLEC 183 Poytress v Director General, NSW Fair Trading [2015] NSWCATOD 100 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Saleh v Commissioner for Fair Trading [2015] NSWCATOD 68 Sobey v Commercial and Private Agents Board [1979] 22 SASR 70 Category: Principal judgment Parties: Trevor Frank McIvor (Applicant) Commissioner for Fair Trading (Respondent) Representation: Jesus' Advocacy International (Applicant) Commissioner for Fair Trading (Respondent) File Number(s): 2017/00078183