Suspended, Cancelled, or Refused Contractor Licence in NSW: Steps to Take
By Contracts Specialist|April 26, 2023
Suspended, Cancelled, or Refused Contractor License: What to Do
Having a contractor license is essential in the construction industry. However, the NSW Office of Fair Trading may refuse, suspend, or cancel your contractor license for various reasons, such as having too many complaints lodged against your company, not complying with orders or insurance requirements, or not having a nominated supervisor for the license. If this happens to you, here are the steps you can take:
Grounds for Refusal, Suspension, Cancellation
If your application for a contractor license is refused, or your existing license is suspended or cancelled, you must know the grounds for such actions. The Office of Fair Trading may do so for any of the aforementioned reasons. If no reason is stated in the decision, you can file a written request to Fair Trading to provide the reasons within 28 days from receipt of the request.
What Fair Trading's Decision Should Include
Apart from the reasons for refusal, suspension, or cancellation, the decision should also include the facts, Fair Trading's understanding of the law, and the reasoning processes that led to the decision made.
First Step: Internal Review
The first step you should take if your license is refused, suspended, or cancelled is to request an internal review from Fair Trading. You can do this within 28 days from the date you received the decision or the date you received the reasons for the decision. The internal review should be in writing, addressed to Fair Trading, contain an address in Australia where a response can be sent, and be lodged at the office of Fair Trading. It should also contain all relevant documents and information to support your application and demonstrate why your license should not have been refused, cancelled, or suspended.
Fair Trading Decision
After submitting your application for internal review, Fair Trading will have 21 days to complete the review and provide its determination. Fair Trading may affirm the original decision, amend it, or set it aside and replace it with a new decision.
Second Step: External Review
If you are not satisfied with the decision made under the internal review, you can apply for an external review to the NSW Civil and Administrative Tribunal (NCAT). You can do this if you have made a late internal review application and Fair Trading responds by indicating that it will not be considering the application, or if it is necessary for NCAT to deal with the application to protect your interests, and the application is made within a reasonable time of the original decision.
In summary, if your contractor license is refused, suspended, or cancelled, you have the option to request an internal review from Fair Trading, and if you are still not satisfied, you can apply for an external review to NCAT. It is important to know the grounds for such actions and to provide all relevant documents and information to support your application for review.
Having a contractor license is essential in the construction industry. However, the NSW Office of Fair Trading may refuse, suspend, or cancel your contractor license for various reasons, such as having too many complaints lodged against your company, not complying with orders or insurance requirements, or not having a nominated supervisor for the license. If this happens to you, here are the steps you can take:
Grounds for Refusal, Suspension, Cancellation
If your application for a contractor license is refused, or your existing license is suspended or cancelled, you must know the grounds for such actions. The Office of Fair Trading may do so for any of the aforementioned reasons. If no reason is stated in the decision, you can file a written request to Fair Trading to provide the reasons within 28 days from receipt of the request.
What Fair Trading's Decision Should Include
Apart from the reasons for refusal, suspension, or cancellation, the decision should also include the facts, Fair Trading's understanding of the law, and the reasoning processes that led to the decision made.
First Step: Internal Review
The first step you should take if your license is refused, suspended, or cancelled is to request an internal review from Fair Trading. You can do this within 28 days from the date you received the decision or the date you received the reasons for the decision. The internal review should be in writing, addressed to Fair Trading, contain an address in Australia where a response can be sent, and be lodged at the office of Fair Trading. It should also contain all relevant documents and information to support your application and demonstrate why your license should not have been refused, cancelled, or suspended.
Fair Trading Decision
After submitting your application for internal review, Fair Trading will have 21 days to complete the review and provide its determination. Fair Trading may affirm the original decision, amend it, or set it aside and replace it with a new decision.
Second Step: External Review
If you are not satisfied with the decision made under the internal review, you can apply for an external review to the NSW Civil and Administrative Tribunal (NCAT). You can do this if you have made a late internal review application and Fair Trading responds by indicating that it will not be considering the application, or if it is necessary for NCAT to deal with the application to protect your interests, and the application is made within a reasonable time of the original decision.
In summary, if your contractor license is refused, suspended, or cancelled, you have the option to request an internal review from Fair Trading, and if you are still not satisfied, you can apply for an external review to NCAT. It is important to know the grounds for such actions and to provide all relevant documents and information to support your application for review.
