Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. Mr Fulvio Damico (the Appellant) applied to the Secretary of the Department of Customer Service (the Respondent) for the renewal of his contractor licence under the Home Building Act 1989 (NSW) (HB Act) in the category of painter (the licence renewal application). The Respondent refused the application on the basis that the Respondent was not satisfied that the Appellant is a fit and proper person to hold the licence (the licence refusal decision).

2. The Appellant applied to the Tribunal (the Tribunal at first instance) for an administrative review of the licence refusal decision. The Tribunal affirmed the decision in Damico v Secretary, Department of Customer Service [2024] NSWCATOD 192 (the Tribunal Reasons). The Appellant seeks to appeal against this decision of the Tribunal (the decision under appeal).

3. We have decided that this appeal requires leave and that leave should be refused. Consequently, the appeal must be dismissed. These are our reasons.

Background

4. Between 1995 and 2002 the Appellant held a contractor licence under the HB Act in the category of painting.

5. The Appellant was convicted in August 2005 of 3 counts of aggravated sexual assault on a person under 16 years of age, 1 count of an aggravated act of indecency towards a person under 16 years committed in company and 1 count of aggravated indecent assault on a person under 16 years of age (the historic sexual offences). The Appellant served a sentence of imprisonment for these historic sexual offences. In addition, the Appellant is now subject to reporting obligations under the Child Protection (Offenders Registration) Act 2000 (NSW) (CP Act).

6. After the Appellant was released from prison in October 2013, he applied unsuccessfully over several years for a new contractor licence. The Appellant was eventually granted a licence following orders made by the Tribunal on 17 March 2020.

7. In September 2023, the Appellant was convicted by the Local Court of 3 offences under s 17(1) of the CP Act of failing to comply with his reporting obligations (the 2023 offences). One offence concerned a failure to report his membership of a gym (the gym reporting offence). The other 2 offences concerned failures to report contact with 2 family members who were children at the time (the child reporting offences). The Appellant was fined, and a community service order imposed, for the 2023 offences. The Appellant completed his community service in September 2024.

8. The Appellant made his licence renewal application on 12 March 2024. The Appellant indicated in the application form that he had criminal offences to disclose. He then completed Form 3 of the application. Form 3 included 2 questions concerning the commission of offences.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196d2675d4e8a6730eb91f75)

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