New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 25

25 Issue of certificates

(1) The Secretary must refuse an application for a supervisor or tradesperson certificate if--

(a) the Secretary is not satisfied that the applicant is a fit and proper person to hold such a certificate, or

(a1) the Secretary is not satisfied as to the matters of which the Secretary is required to be satisfied by sections 33B and 33D, or

(b) the applicant is a mentally incapacitated person, or

(c) the applicant is disqualified by this Act or the regulations from holding such a certificate, or

(d) the Secretary considers that a close associate of the applicant who would not be a fit and proper person to hold an authority exercises a significant influence over the applicant or the operation and management of the applicant's business.

(1A) Without limiting subsection (1)(a), in determining whether an applicant is a fit and proper person to hold a certificate the Secretary is to consider whether the applicant is of good repute, having regard to character, honesty and integrity.

(2) The Secretary may, by notice published in the Gazette, specify qualifications and experience, or additional standards or other requirements, required to be held or met by an applicant for a supervisor or tradesperson certificate.

(3) The Secretary must refuse an application for a supervisor or tradesperson certificate--

(a) if the Secretary is not satisfied that any such requirement would be met were the certificate to be issued, or

(b) if the applicant has not completed, at a standard acceptable to the Secretary, any relevant examination or practical test (or both) conducted or nominated by the Secretary and required by the Secretary to be completed by the applicant.

(4) A decision of the Secretary relating to--

(a) the specification of qualifications and experience, or additional standards or other requirements under subsection (2), or

(b) the setting of standards or selecting of examinations or tests under subsection (3),

cannot be reviewed by the Tribunal in an application for an administrative review made under this or any other Act.