Chris Akrivos v Commissioner for Fair Trading [2018] NSWCATOD 120

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Chris Akrivos v Commissioner for Fair Trading [2018] NSWCATOD 120 Hearing dates: On the papers Date of orders: 01 August 2018 Decision date: 01 August 2018 Jurisdiction: Occupational Division Before: C Ludlow, Senior Member Decision: 1. The application is dismissed. Catchwords: ADMINISTRATIVE LAW – administrative tribunals - Civil and Administrative Tribunal (NSW) – absence of internal review – jurisdiction Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Home Building Act 1989 (NSW) Category: Principal judgment Parties: Chris Akrivos (Applicant) Commissioner for Fair Trading (Respondent) Representation: Counsel:

Solicitors: File Number(s): 2018/85020

REASONS FOR DECISION

Background 1. The applicant has sought a review of the respondent's decision to refuse his application for a Qualified Supervisor Certificate under s 25 of the Home Building Act 1989. 2. The following facts are taken from the material filed by the respondent under s 58 of the Administrative Decisions Review Act 1997 which has not been disputed or objected to by the applicant. 3. On 19 September 2017 the applicant contacted the respondent by email headed "Renewal of my electrical licence". 4. The respondent replied enclosing the internal decision made on 24 April 2015 which affirmed the decision to refuse his earlier application for a qualified supervisor certificate under the Home Building Act in accordance with ss 25(1A), 25(1)(a), 33D(1)(a) and (b). 5. On 23 January 2018 the applicant again emailed the respondent. The email is not easy to follow but it appears the applicant was applying again to renew his "electrical certificate". In further communications with the respondent, the applicant stated he was residing in Western Australia and claimed he had not received the correspondence referred to above. The respondent provided him with that correspondence again and informed him how to apply for an electrical licence in NSW. On 30 January the applicant lodged an application for a Qualified Supervisor Certificate in the category of Electrical wiring. 6. On 27 February 2018 the application was refused. The letter of refusal informed the applicant of the process for applying for an internal review. No internal review was lodged. The applicant instead lodged an application for administrative review with this Tribunal on 15 March 2018. 7. The matter was listed for hearing on 21 June 2018. The applicant sought an extension of time which was not opposed by the respondent. The hearing date was vacated and the matter was listed for directions on 29 May 2018. On that occasion there was no appearance by either party. The matter was listed again on 5 June 2018.On that date the respondent was directed to file and serve a summary of legal arguments on or before 19 June 2018 and the applicant was to file and serve a summary of legal arguments on or before 3 July 2018. Directions were made that the matter would be determined without a hearing on the papers. 8. The respondent filed and served its submissions on 21 June 2018. No material was filed by the applicant.