Riaz and Queensland Building and Construction Commission

[2017] AATA 1406

Riaz and Queensland Building and Construction Commission [2017] AATA 1406 (24 August 2017)

Division:GENERAL DIVISION

File Number(s):2017/2709      

Re:Amar Riaz 

APPLICANT

Queensland Building and Construction CommissionAnd  

RESPONDENT

DECISION

Tribunal:Deputy President B W Rayment

Date:24 August 2017  

Place:Sydney

The decision under review is affirmed.

..........................[sgd]..............................................

Deputy President B W Rayment

Catchwords

MUTUAL RECOGNITION - building practitioners – registration refused on basis the applicant did not hold an equivalent licence – licence relied upon under mutual recognition granted in error and revoked prior to reviewable decision – decision affirmed

Legislation

Acts Interpretation Act 1901 (Cth), s 36(2)
Mutual Recognition (Queensland) Act 1992 (Qld), s 21

Occupational Licensing Act 2005 (Tas), s 46

REASONS FOR DECISION

Deputy President B W Rayment

24 August 2017

1. There is before the Tribunal an application to review the decision of the Queensland Building and Construction Commission (“the Commission”) dated 2 May 2017 refusing the application of the applicant for a Builder – Low Rise licence made under the Mutual Recognition (Queensland) Act 1992 (Qld). That statute provides for a review of the decision of the Queensland State authority by this Tribunal.

2. The applicant held from 23 March 2017, a Builder – Low Rise licence issued by the Consumer, Building and Occupational Services, a division of the Department of Justice in Tasmania. On 29 March 2017 he applied to the Commission for a similar licence in Queensland under the Mutual Recognition Act.

3. On 2 May 2017 the Tasmanian authority cancelled that licence under s 46 of the Occupational Licensing Act2005 (Tas). On the same day the Commission refused the application made to it.

4. Section 21 of the Mutual Recognition Act required the Commission to grant registration within one month after lodgement of the applicant’s notice seeking Queensland registration of the equivalent occupation. Prima facie, that period expired on 29 April 2017. However the Acts Interpretation Act 1901 (Cth) provides in s 36(2) that:

   If:

   (a)an Act requires or allows a thing to be done; and

   (b)the last day for doing the thing is a Saturday, a Sunday or a holiday;

   then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday.

5. 29 April 2017 was a Saturday and 1 May 2017 was a public holiday in Queensland and accordingly, the refusal of the Commission of the applicant’s application was within time.

6. In the light of the cancellation by the Tasmanian authority of the applicant’s Builder - Low Rise licence, the Commission was without power to grant the applicant’s application for recognition.

7. The applicant submitted that email contact which the respondent Commission had with South Australian and Tasmanian authorities indicated bad faith on the part of the respondent. I can see nothing about those communications indicating bad faith, and do not examine the submission further.

8. For the above reasons, the decision under review is affirmed.

I certify that the preceding 8 (eight) paragraphs are a true copy of the reasons for the decision herein of Deputy President B W Rayment

............................[sgd]............................................

Associate

Dated: 24 August 2017

Date(s) of hearing:	15 August 2017
Applicant:	In person
Solicitors for the Respondent:	Queensland Building and Construction Commission