Jolley v Construction Occupations Registrar & the Owners - Units Plan 3941 (Administrative Review)

The case before the Tribunal involved Jolley, the Construction Occupations Registrar, and the Owners - Units Plan 3941. The dispute centred around the eligibility of a corporation to hold a license under the Construction Occupations Licensing Act 2005 (ACT) (COLA) and whether the Registrar's decision to issue a Rectification Order was justified. The Tribunal was required to determine whether the corporation met the eligibility criteria for licensing under Division 3.2 of the COLA, particularly concerning the role and responsibilities of a nominee as outlined in sections 28 and 31. Additionally, the Tribunal needed to assess whether the Registrar's decision to issue a Rectification Order was lawful and appropriate under sections 34 and 35 of the COLA.

The Tribunal examined whether the corporation had a single nominee who was responsible for supervising the construction services and whether the nominee could adequately fulfil these duties. It also considered the obligations of the corporation in maintaining a written record of policies and procedures for managing the nominee. Furthermore, the Tribunal assessed whether the Registrar had reasonable grounds to believe that the corporation had provided construction services in contravention of the COLA or an operational Act and whether it was appropriate to issue a Rectification Order. The Tribunal found that the corporation had a nominee who met the statutory requirements, and the Registrar had acted within their authority when issuing the Rectification Order. The Tribunal concluded that the Rectification Order was valid and appropriate, and it ordered that the matter be listed for further directions regarding the filing of evidence.

In summary, the Tribunal upheld the validity of the Rectification Order issued by the Registrar and directed the parties to proceed with the filing of evidence for further consideration of the matter.