Altmann v Commissioner for Fair Trading [2018] NSWCATOD 178

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Altmann v Commissioner for Fair Trading [2018] NSWCATOD 178 Hearing dates: 16 October 2018 Date of orders: 30 October 2018 Decision date: 30 October 2018 Jurisdiction: Occupational Division Before: K Ransome, Senior Member Decision: 1. The decision under review is set aside.

2. The decision is made that the tradesperson's certificate in the class of motor mechanic is granted. Catchwords: ADMINISTRATIVE REVIEW – motor mechanic – whether fit and proper person to hold a tradesperson's certificate - criminal convictions – former member of outlaw motorcycle gang – period of time since convictions – rehabilitation – nature and purpose of role of motor mechanic Legislation Cited: Motor Dealers and Repairers Act 2013 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 Grenfell v Director General Department of Finance and Services [2013] NSWADT 57 Hughes and Vale Pty Ltd v New South Wales (No.2) (1955) 93 CLR 127 Mielczarek v Commissioner of Police, New South Wales Police Force and Commissioner for Fair Trading [2016] NSWCATAD 34 Saleh v Commissioner of Fair Trading [2015] NSWCATOD 68 Salhab v Department of Fair Trading [2018] NSWCATOD 122 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Trombetta v Commissioner for Fair Trading [2018] NSWCATOD 167 Category: Principal judgment Parties: Brock Christopher Altmann (Applicant) Commissioner for Fair Trading (Respondent) Representation: Solicitors: Barron Law (Applicant) Legal Services, Department of Services, Finance and Innovation (Respondent) File Number(s): 2018/00234900