Dimitrijevich and Construction Occupations Registrar (ACT)

This matter concerned an appeal by Dimitrijevich against a decision of the Construction Occupations Registrar (ACT). The dispute arose from Dimitrijevich's application for a licence, which the Registrar had refused. The core of the disagreement centred on the effect of a Ministerial Declaration concerning the mutual recognition of occupations, specifically in the building and construction industry, and whether the Registrar had the power to impose conditions or assess equivalence when such a declaration was in force.

The court was required to determine whether the Registrar had acted beyond its power in refusing to grant Dimitrijevich a licence, particularly in light of a Ministerial Declaration that purportedly established the equivalence of certain occupations. A key legal issue was whether the existence of such a declaration rendered otiose any further assessment of occupational equivalence by the Tribunal, as suggested by previous Federal Court authority. The court also considered the Registrar's arguments regarding the practical implications of granting a licence under the declaration, including concerns about the applicant's qualifications and the nature of the equivalent licence in Queensland.

The court applied the principle established in *Lawrence v Coal Mining Qualifications Board (NSW)*, which held that where a Ministerial declaration is made under the relevant legislation, a tribunal is not obliged to conduct its own review of occupational equivalence, as the declaration renders the issue moot. The court noted that the Registrar acknowledged acting beyond its power in its submissions. However, the court declined to make an order for costs against the Registrar, finding that the Registrar had not acted unreasonably.

The decision under review was set aside and remitted to the Registrar for reconsideration. The Registrar was directed to give effect to the Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009 in its reconsideration of Dimitrijevich's application.