PCBQ and Commissioner for Fair Trading (NSW)

This matter concerned an application by PCBQ (the Applicant) for registration as a building contractor in New South Wales, relying on his existing registration as a builder in Victoria under the *Mutual Recognition Act 1992* (Cth). The Commissioner for Fair Trading (NSW) (the Respondent) opposed the unrestricted registration, proposing certain conditions. The case was heard by the Hon. John Pascoe AC CVO, Deputy President.

The central legal issue before the Tribunal was whether the Applicant's Victorian builder's registration was substantially equivalent to the requirements for a builder's licence in New South Wales, and if not, what restrictions, if any, were necessary to achieve substantial equivalence under the *Mutual Recognition Act 1992*. This involved determining whether the occupational activities permitted under each registration were the same or to a sufficient degree of equivalence.

The Tribunal considered the purpose of the *Mutual Recognition Act 1992*, which is to facilitate the free movement of individuals between states by ensuring their occupational qualifications are recognised. While the Respondent initially argued for a focus on actual occupational activities rather than regulatory distinctions, they later conceded that framing the Applicant's licence by reference to specific "building work" categories in New South Wales would offer commercial benefits. The Tribunal found that while the Respondent had made concessions, excluding "general building works" from the Applicant's licence would place him at a substantial disadvantage in the New South Wales market. However, the Tribunal also noted that the Applicant's Victorian licence did not permit the construction of swimming pools, and as he had built one in New South Wales, it was appropriate to exclude swimming pools from his New South Wales licence to achieve equivalence.

The Tribunal remitted the matter to the Respondent with a direction that specific conditions, as set out in paragraph 45 of the decision, be applied to the Applicant's unrestricted New South Wales builder's licence. The Tribunal acknowledged the stressful and protracted nature of the Applicant's experience in seeking registration under the Mutual Recognition Act.