LAM and BUILDERS' REGISTRATION BOARD OF WESTERN AUSTRALIA

The applicant, Mr LAM, applied to the Builders' Registration Board of Western Australia for registration as a builder. The Board refused his application on the basis that he did not meet the experience requirements under the Builders' Registration Act 1939 (WA). Mr LAM appealed the Board's decision to the State Administrative Tribunal. The key legal issues in this case were whether Mr LAM was entitled to credit for his experience in supervising construction projects as an engineer when he was not engaged by the builder, and whether the term "building construction" includes the construction of roads or viaducts.

The Tribunal held that Mr LAM's experience as an engineer supervising construction projects was relevant and should be credited towards his experience as a builder. The Tribunal found that the applicant's experience in managing and overseeing construction projects was transferable and valuable, even if it was not directly with the builder in question. The Tribunal also held that the term "building construction" includes the construction of roads or viaducts, as these are integral parts of the built environment and fall within the general understanding of building construction. Based on these findings, the Tribunal set aside the Board's decision and ordered that Mr LAM be registered as a builder, subject to him paying the prescribed fee.

The Tribunal's decision was based on a careful analysis of the statutory provisions and the evidence presented by Mr LAM. The Tribunal found that the applicant had substantial experience in managing and overseeing construction projects, and that this experience was relevant to his application for registration as a builder. The Tribunal also considered the broader context of the construction industry and the skills and knowledge required to be a competent builder. The Tribunal concluded that Mr LAM's experience was sufficient to meet the requirements of the Act, and that he should be registered as a builder. The final orders of the Tribunal were that the Board's decision be set aside and that Mr LAM be registered as a builder, subject to him paying the prescribed fee.