Water and Sewerage Regulation 2001 (ACT)

This matter was heard in the Australian Capital Territory Civil and Administrative Tribunal. The applicant, a plumbing contractor, was challenging a decision made by the respondent, the Water and Sewerage Regulation Authority, under the Water and Sewerage Regulation 2001 (ACT). The primary issue before the tribunal was whether the decision made by the respondent in relation to the applicant's application for a certificate of compliance was a 'reviewable decision' as defined under section 44 of the Act. This was critical because if the decision was indeed reviewable, the applicant had the right to seek a review of that decision under sections 44A and 44B of the Act.

The tribunal carefully examined the definition of 'reviewable decision' and found that the decision in question did not fit within the parameters of the definition. Specifically, the tribunal noted that the decision was not listed in Schedule 1, column 3 under a provision mentioned in column 2 of the Act. Additionally, the tribunal considered whether the decision was subject to any other provisions of the Act that could make it reviewable, but concluded that it was not. The tribunal also reviewed the prescribed documents forming part of the plumbing code under section 44C(1) of the Act and found that the decision did not pertain to any such document.

Given these findings, the tribunal concluded that the decision was not a reviewable decision. Consequently, the applicant's right to seek a review under sections 44A and 44B of the Act was not applicable. The tribunal dismissed the application on the grounds that the decision was not reviewable.