Meier v Construction Occupations Registrar (Administrative Review)

Meier, an applicant, sought a review of a rectification order made by the Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004. The dispute was centred on the validity of the Registrar's discretion to exercise the power to make a rectification order, the applicable limitation period, and the interpretation of the term "entity" in the context of sections 34, 35, and 38 of the Act. Additionally, the case involved a statutory construction of both the Construction Occupations (Licensing) Act 2004 and the Building Act 2004, specifically regarding the responsibilities of a nominee in relation to work undertaken by another licensee, including that performed by subcontractors.

The court was tasked with determining whether the nominee of one licensee could be held responsible for the supervision of work undertaken by another licensee, and whether this responsibility extended to work performed by subcontractors. This required an analysis of section 31 of the Construction Occupations (Licensing) Act 2004, which pertains to "relevant construction services." The court also had to consider the interpretation of "entity" for the purposes of certain sections of the Act and whether any limitation period applied to the making of a rectification order.

In its reasoning, the court found that the Registrar had indeed exercised a valid discretion in making the rectification order, and that the term "entity" should be interpreted broadly to encompass the responsibilities of a nominee under the Act. The court held that the limitation period for the making of a rectification order did not apply in this case. Consequently, the court determined that the nominee was responsible for the supervision of work undertaken by another licensee, including work performed by subcontractors, in accordance with section 31 of the Act.

The Tribunal varied the decision under review, requiring the applicant to prepare and serve a program of works by a specified date and to complete all required works by another date. The rest of the decision was confirmed. The orders required the applicant to prepare a program of works by 29 September 2023 and complete all works required by the rectification order by 28 May 2024.