SINGH v CONSTRUCTION OCCUPATIONS REGISTRAR (Administrative Review)

Mr Gurvinder Singh, the applicant, sought a review of the decision by the Construction Occupations Registrar (Registrar) to reject his application for an unrestricted electrician licence under section 19 of the Construction Occupations (Licensing) Act 2004 (the Act). The ACT Civil and Administrative Tribunal (Tribunal) had jurisdiction to hear the application for review under section 123C of the Act and regulation 42B of the Construction Occupations (Licensing) Regulation 2004 (the Regulation). The legal issues were whether the applicant met the educational qualifications listed in the Construction Occupations (Licensing) (Mandatory Qualifications) Declaration 2016 (No. 1) (Declaration) for an unrestricted electrician licence. The Registrar submitted that the rejection was required because, despite numerous requests by the Registrar, Mr Singh had not supplied evidence that he met the educational qualifications listed in the Declaration. Mr Singh submitted that he had completed the pre-requisite subjects or the need for him to do so had been waived and that he had already qualified for the Certificate III in Electrotechnology Electrician. The Tribunal found that Mr Singh had obtained a Statement of Attainment for the core competency UEENEEG105A. The Statement was dated 25 January 2017, and had been obtained within the last five years as required by the Declaration. However, the Tribunal was not satisfied that the evidence provided was sufficient to establish that Mr Singh had obtained a Certificate III in Electrotechnology Electrician as required by Method 1(a) in the Declaration. The Tribunal affirmed the decision of the Registrar to deny Mr Singh the licence he seeks.

Orders:
1. Decision to be affirmed.
2. Reasons to be provided at a later date.
…………Signed…………..
Senior Member R Creyke