Tradespeople with many years’ experience who have a clean record with NSW Fair Trading have now been served with a Notice to Show Cause which could hinder their ability to operate within the industry. NSW Fair Trading regulate the home building industry and have recently issued Notices to Show Cause to tradespeople who have obtained their qualification from Green Skills Australia (Daily Update Pty Ltd).

If you’re concerned about your qualification from Green Skills Australia or received a Notice to Show Cause from NSW Fair Trading, we can assist you.

What is a Notice to Show Cause?

In circumstances where NSW Fair Trading have reasonable grounds to believe that a person or company may have breached certain components of the Home Building Act 1989 (NSW) they may issue you with a Notice to Show Cause.

A Notice to Show Cause is a very serious document that should be taken seriously. It sets down the following:

  • the material facts and evidence,
  • the grounds that NSW Fair Trading believe warrant taking disciplinary action against you,
  • an opportunity to provide you with 14 days to respond to the Notice to Show Cause.

When is a Notice to Show Cause issued?

NSW Fair Trading will issue a Notice to Show Cause to a company or person who holds an authority (such as a tradesperson certificate, nominated qualified supervisor or a holder of a contractor licence) where there are reasonable grounds to believe that a person or company has breached components of the Home Building Act 1989 (NSW). The following allegation could give rise to a Notice to Show Cause:

  • providing false and misleading information to NSW Fair Trading.

False and Misleading Information

A Notice to Show Cause issued on the ground that the authority holder is not a ‘fit and proper person’ should be taken seriously and managed carefully. This ground is usually relied upon where NSW Fair Trading have reasonable grounds to believe you have acted dishonestly in your interactions with consumers or NSW Fair Trading. If proven, NSW Fair Trading could cancel your licence and disqualify you from applying for a new authority in the future.

Penalties

Penalties can range from a reprimand, monetary penalty, cancellation of a licence and restrictions on the authority holder’s licence.

Get legal assistance

A Notice to Show Cause can appear to be very legalistic and overwhelming. However, we can assist you in drafting a response to mitigate any disciplinary action that may arise and guide you through the process.

Please contact John Morrissey or Mariam Chalak for a free of charge telephone conference or face to face conference to discuss your Notice to Show Cause. Our contact number is 02 9331 0266 or you may email Mariam on mariam.chalak@jfmlaw.com.au or front.desk@jfmlaw.com.au.