Cheng v Construction Occupations Registrar

In the matter of Cheng v Construction Occupations Registrar, the applicant sought a review of the Registrar's decision to refuse the issuance of a Class B licence. The applicant, who had submitted an application on 28 January 2015, was informed on 27 March 2015 that his application had been declined. This decision was subsequently challenged in the ACT Civil and Administrative Tribunal on 24 April 2015. The tribunal's task was to interpret regulation 5(i) of the Construction Occupations (Licensing) Regulation 2004 and the Construction Occupations (Licensing)(Mandatory Qualifications) Declaration 2015. These regulations outline the qualifications necessary for an individual to obtain a licence for construction occupations and occupation classes.

The core legal issue was the interpretation of the relevant regulations and the Declaration in terms of the qualifications necessary for a Class B licence. Specifically, the tribunal needed to determine whether the applicant met the criteria set out in the Declaration, which includes holding a certain level of qualification and relevant practical building work experience. The tribunal had to clarify what constituted 'building work', 'specialist building work', and 'basic building work' as these terms were not defined in the COLA but were referenced in the Declaration.

The tribunal, after considering the evidence and submissions from both parties, concluded that the decision to refuse the licence was justified. The tribunal found that the applicant did not meet the mandatory qualifications for a Class B licence as outlined in the Declaration. The tribunal emphasized that the applicant's experience did not meet the specified requirements and that the qualifications held were not equivalent to those required. The tribunal also noted that the definitions of 'building work','specialist building work', and 'basic building work' from the Building Act were relevant to the interpretation of the regulatory requirements.

The tribunal confirmed the Registrar's decision, ruling that the applicant did not meet the mandatory qualifications for a Class B licence under the Construction Occupations (Licensing)(Mandatory Qualifications) Declaration 2015.