Jolley v Construction Occupations Registrar & Anor (Administrative Review)

The Administrative Appeals Tribunal (AAT) considered an appeal by Jolley against a decision made by the Construction Occupations Registrar. The Registrar had issued a rectification order for various defects identified in a construction project managed by Jolley. Jolley contested the order, arguing that certain defects were not attributable to him or his team, and thus should not be subject to the rectification order. The AAT was tasked with reviewing the merits of Jolley's appeal and determining whether the rectification order should be varied.

The key legal issues before the Tribunal were whether certain defects identified in the rectification order were indeed attributable to Jolley and whether the rectification order should be varied to exclude defects not attributable to Jolley. The Tribunal considered evidence from both parties regarding the responsibility for the defects and whether they were within Jolley's control. The Tribunal also examined the relevant legislation and guidelines to determine the appropriate scope of the rectification order.

In its decision, the Tribunal found that defects 2, 4, and 6 were attributable to Jolley. The Tribunal concluded that these defects were within Jolley's control and should be rectified as per the Tribunal’s decision. The Tribunal varied the rectification order to require Jolley to arrange and pay for an appropriately licensed entity to rectify only these specified defects within 12 months. The Tribunal also directed the parties to confer and submit a draft rectification order reflecting these changes by a specified date. Finally, the Tribunal granted liberty to apply on short notice for any further issues that might arise.

The Tribunal's orders mandated that Jolley arrange and pay for rectifying specified defects within a set timeframe and required the parties to submit a draft rectification order by a certain date. This decision clarifies the scope of the rectification order and sets a clear path for resolving the remaining issues.