VBA wins right to appeal Federal Court decision on Mutual Recognition application
The Victorian Building Authority has won the right in the High Court of Australia to appeal a decision of the Federal Court that overturned the Administrative Appeals Tribunal’s (AAT) decision to permit character to be taken into account in relation to applications for registration under the Mutual Recognition Act 1992 (Commonwealth).
The Mutual Recognition Act provides for recognition of occupational registrations by interstate regulators where the categories of registration are equivalent.
The application by Mr Nikolaos Andriotis was refused by the Building Practitioners Board (BPB) on the basis that the applicant was not of good character. The BPB’s finding concerning Mr Andriotis’ character was affirmed by the AAT. However, the Federal Court overturned the AAT decision, finding that a registration authority has no power to consider an applicant’s character in deciding a Mutual Recognition Act application.
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