Al-Shinawa v NSW Fair Trading, Department of Customer Service [2020] NSWCATOD 1

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al-Shinawa v NSW Fair Trading, Department of Customer Service [2020] NSWCATOD 1 Hearing dates: 5 September, 31 October 2019 Date of orders: 06 January 2020 Decision date: 06 January 2020 Jurisdiction: Occupational Division Before: S Leal, Senior Member Decision: The Tribunal affirms the decision by NSW Fair Trading to refuse Mr Al-Shinawa a contractor licence in the category of general building work. Catchwords: ADMINISTRATIVE REVIEW – Home Building – Application for contractor licence – general building work - where applicant does not meet requirements of an instrument - where the instrument is policy rather than delegated legislation – whether the applicant has experience in a wide range of building construction work - applicant cannot verify their own experience. Legislation Cited: Administrative Decisions Review Act 1997 Home Building Act 1989 Cases Cited: Briggs v Commissioner for Fair Trading, Department of Finance, Services and Innovation [2018] NSWCATOD 175 Drake v Minister for Immigration and Ethnic Affairs [1979] AATA 179; (1979) 46 FLR 409 Drake and the Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Locking v Department of Finance and Services [2013] NSWADT 239 Sterjovski v Director-General, Department of Transport [2002] NSWADT 10 Trist v Commissioner for Fair Trading, NSW Office for Fair Trading [2006] NSWADT 303 Whitehouse v Commissioner for Fair Trading [2017] NSWCATOD 108, Texts Cited: Instrument – Qualification Requirements for an endorsed contractor licence or supervisor certificate for general building work (31 March 2017) Category: Principal judgment Parties: Haidar Al-Shinawa (Applicant)