Australia, April 14 -- New South Wales Land and Environment Court issued text of the following judgement on March 18:

1. The question in this case is whether Justin Garland (the Applicant) is a fit and proper person to hold a Certificate of Registration as an Assistant Agent (Certificate) under the Property and Stock Agents Act 2002 (NSW) (PSA Act).

2. The Respondent refused his application for a Certificate because they were not satisfied that the Applicant was a fit and proper person to hold a Certificate, having regard to his criminal history and two good behaviour bonds which he was (then) still subject to.

3. The Tribunal agrees with the decision of the Respondent, for the reasons that follow.

Materials before the Tribunal

4. The Respondent filed documents under s 58 of the Administrative Decisions Review Act 1997 (NSW) (ADR Act) (R1). The Respondent also filed written submissions (R2).

5. The Applicant did not file written submissions, but attached some further documents to his Administrative Review Application which was filed with the Tribunal on 2 October 2024 (A1).

Background to these proceedings

6. On 11 April 2024, the Applicant applied for the Certificate. In that application, he disclosed to the Respondent:

1) that he had been convicted of 3 offences in the last 10 years, being 1 count of grievous bodily harm, 1 count of common assault, and 1 count of breach of an Apprehended Domestic Violence Order (ADVO); and

2) that he was subject to two good behaviour bonds, due to expire on 10 January 2025 and 10 July 2025 respectively.

7. He provided supporting documents with the application (R1 p1-11), and also some additional material requested by the Respondent on 4 July 2024 (R1, pp16-33).

8. On 14 August 2024, his application was refused, as the delegate was not satisfied that the Applicant was a fit and proper person to hold a Certificate as required by s 14(3)(b) of the PSA Act, because he had been convicted of serious offences and was subject to community correction orders until 2025.

9. On 27 August 2024, the Applicant requested an internal review. On 16 September 2024 the internal review affirmed the refusal.

10. As noted above, the Applicant applied to the Tribunal for administrative review on 2 October 2024; his Grounds for Application (at A1) said:

"I have admitted since Day 1 that I have a criminal record and the crimes I committed don't go against the criteria that is set out in the Property and Stock Agents Act. If I'm good enough to complete the course and I haven't broken any real estate laws then I believe I should have my licence."

*Rest of the document and Footnotes can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19592e343a8a5cc528d4ed86)

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