REITSEMA and BUILDING SERVICES BOARD

In this case, the applicant applied for a review of the Building Services Board's decision to refuse his application for registration as a building service practitioner and building service contractor under the Building Services (Registration) Act 2011 (WA). The main issue was whether the applicant had the required seven years' experience in carrying out or supervising building work and if a qualitative test was to be applied in assessing that experience to determine whether he was a fit and proper person to be registered as a building service practitioner. The Tribunal concluded that the requirement for the applicant to be a fit and proper person to be registered required the Board to make a qualitative assessment of the applicant's experience in carrying out or supervising building work. After examining the separate periods of experience claimed by the applicant, the Tribunal concluded that the applicant had exceeded the requirement for the equivalent of seven years' full-time experience in carrying out or supervising building work and, further, that there was no reason to disregard or discount any period of the experience claimed. The Tribunal set aside the decision under review, and substituted its own decision requiring the Building Services Board to register the applicant as a building service practitioner in the class building practitioner and as a building service contractor in the class building contractor (individual). The applicant reserved its right to apply for costs in the event that it was successful, and directions were issued providing the applicant a limited time within which to make such an application, if so advised.