Khoury v NSW Fair Trading, Department of Customer Service [2019] NSWCATOD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Khoury v NSW Fair Trading, Department of Customer Service [2019] NSWCATOD 194 Hearing dates: 7 November 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: (1) The decision of NSW Fair Trading dated 29 May 2019 to refuse the applicant a supervisor certificate in electrical work is set aside. (2) In its place, the decision is made that the applicant be granted a supervisor certificate in electrical work. Catchwords: LICENSING – supervisor certificate – electrical work – whether fit and proper – reformed applicant – Home Building Act – whether compliance with tribunal orders – offence of dishonesty within past ten years – applicant disqualified from holding authority unless offence to be ignored due to time passed – disclosure on application form. Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Australian Consumer Law Competition and Consumer Act 2010 (Cth) Consumer, Trader and Tenancy Tribunal Act 2001 (NSW) Crimes Act 1900 (NSW) Electrical (Consumer Safety) Act 2004 (NSW) Electricity (Consumer Safety) Regulation 2006 (NSW) Home Building Act 1989 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Cooper v Commissioner for Fair Trading [2016] NSWCATOD 15 Farah v Director General, Department of Finance and Services [2014] NSWCATAP 23 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 Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 Category: Principal judgment Parties: Charbel Khoury (Applicant) NSW Fair Trading, Department of Customer Service (Respondent) Representation: Counsel: L Goodchild (Applicant) T Bagley (Respondent)