Occupational Licensing Act 2005
37BDetermination of application
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37B Determination of application
[Section 37B of Part 4 Inserted by No. 26 of 2016, s. 31, Applied:01 Jan 2017]
(1) On receipt of an application for a building services licence, the Administrator must consider the application and –
(a) [Section 37B Subsection (1) amended by No. 39 of 2018, s. 67, Applied:17 Dec 2018] may issue an appropriate licence to the applicant, which may be unconditional or subject to any conditions that the Administrator considers appropriate; or
(b) [Section 37B Subsection (1) amended by No. 39 of 2018, s. 67, Applied:17 Dec 2018] may refuse the application if satisfied that the applicant –
(i) does not have the qualifications, experience or competence to perform the functions of, or carry out the work of, a building services provider as appropriate for the occupation and class of the licence being sought by the applicant; or
(ii) is not, or is not likely to be, covered by the insurance required under section 27 ; or
(iii) does not satisfy the prescribed requirements; or
(iv) has previously had a licence, or similar accreditation as a building services provider refused, suspended or cancelled, in Tasmania or in another State or a Territory.
(2) Unless otherwise agreed with the applicant, the Administrator is to make a decision within 21 days after receiving the application.
(3) If the Administrator refuses the application, the Administrator is to give the applicant written notice setting out the reasons for the refusal.
(4) [Section 37B Subsection (4) amended by No. 7 of 2025, s. 162, Applied:01 Jul 2025] The applicant may request the Administrator to review the decision and, if he or she is not satisfied with the review, the applicant may appeal to the Tasmanian Civil and Administrative Tribunal under section 82 .