Ivankovic v Construction Occupations Registrar

Ivankovic, the applicant, sought a review of decisions made by the Construction Occupations Registrar under section 38 of the Construction Occupations (Licensing) Act 2004. The dispute arose from rectification orders issued by the Registrar, which identified seven defects at a residential apartment building and required certain works to be completed. The owners corporation of the building was added as the second respondent in the proceedings. The matter was heard and determined by the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was whether the Construction Occupations Registrar had correctly exercised their powers under section 38 of the COLA when issuing the rectification orders. The applicant argued that the orders were flawed, either in their identification of the defects or in the required rectification works. The Tribunal had to consider the evidence presented, including expert reports and submissions from both parties, to assess the validity of the Registrar's decisions.

The Tribunal found that the Construction Occupations Registrar had properly exercised their statutory powers and that the rectification orders were correctly made. The evidence supported the identification of the defects and the necessary works to address them. The Tribunal determined that the Registrar's decisions were lawful, reasonable, and based on appropriate considerations. Consequently, the Tribunal confirmed the decisions under review.

The Tribunal ordered that the decision under review be confirmed, upholding the rectification orders issued by the Construction Occupations Registrar. This outcome ensures that the identified defects at the residential apartment building are addressed in accordance with the statutory requirements.