Jolley v Construction Occupations Registrar & Anor (Administrative Review)

The applicant, Mr Jolley, sought a review of a rectification order made under the Construction Occupations (Licensing) Act 2004 (ACT). The order was directed to Mr Jolley, who had been appointed as a nominee of the licensee. The applicant argued that the order was invalid because the nominee was not a licensee and therefore could not be the subject of a rectification order. The Construction Occupations Registrar and another respondent argued that the order was valid because the nominee was a licensee for the purposes of the Act. The case was heard by the Civil and Administrative Tribunal of the ACT.

The legal issue the court was required to decide was whether a nominee appointed under section 28 of the Construction Occupations (Licensing) Act 2004 (ACT) can be considered a licensee for the purposes of section 34 of the Act. The applicant argued that the nominee was not a licensee and therefore could not be the subject of a rectification order. The respondents argued that the nominee was a licensee and therefore the order was valid.

The court found that the nominee was a licensee for the purposes of section 34 of the Act. The court noted that the Act does not define the term “licensee” and that the term is used in a number of different contexts throughout the Act. The court considered the purpose of the Act, which is to regulate the provision of construction services by licensed persons. The court found that the nominee was appointed to provide construction services on behalf of the licensee and therefore fell within the scope of the Act. The court also noted that the Act contains a number of provisions that apply specifically to nominees, such as section 47(1) which requires a licensee to give evidence of insurance before providing a construction service. The court found that these provisions indicate that nominees are considered to be licensees for the purposes of the Act.

The Tribunal confirmed the validity of the rectification order issued to the applicant on 18 March 2021. The matter is listed for further directions (including as to the filing of evidence) on 17 June 2022 at 10.00am by Webex, with liberty to apply on three days’ notice regarding an alternative date and/or time.