Lee v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 101

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lee v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 101 Hearing dates: 2 May 2018 Date of orders: 28 June 2018 Decision date: 28 June 2018 Jurisdiction: Occupational Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's decision is set aside. (2) The applicant is to be granted a supervisor certificate. Catchwords: ADMINISTRATIVE LAW – Home building – Supervisor certificate – Where respondent refused applicant's application for a supervisor certificate on grounds that he was not a fit and proper person – Where applicant had convictions for drug supply and possession committed about four years ago – Where applicant claimed to have been rehabilitated – Whether applicant had deliberately concealed criminal history on his application form - Whether a person may be fit and proper whilst still serving a sentence in the community Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Civil and Administrative Tribunal Rules 2014 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Home Building Act 1989 (NSW) Motor Vehicle Repairs Act 1980 (NSW) Cases Cited: 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 Boyle v WorkCover Authority of New South Wales [2015] NSWCATAP 183 Director General, Transport New South Wales v AIC [2011] NSWADTAP 65 Grenfell v Director General of the Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Nakad v Commissioner of Police, NSW Police Force [2014] NSWCATAP 10 Re T and the Director of Youth and Community Services [1980] 1 NSWLR 392 Saadieh v Director General, Department of Transport [1999] NSWADT 68 Spasevski v Commissioner for Fair Trading [2017] NSWCATOD 53 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 Wilson v Commissioner of Police, New South Wales Police Force [2015] NSWCATAP 248 Category: Principal judgment Parties: Alvin Lee (Applicant) Commissioner for Fair Trading, Department of Finance, Services and Innovation (Respondent) Representation: Counsel: J Ghabrial (Applicant)