In our article, Have you received a notice from NSW Fair Trading relating to Green Skills Australia?, we explained how NSW Fair Trading issued Notices to Show Cause to tradespeople who have obtained their qualification from Green Skills Australia (Daily Update Pty Ltd).

So, what should you do about it now?

Should you seek legal advice?

Yes. Notices to Show Cause can be very confusing and complex yet hold very important information. They indicate the various penalties that you may be subject to and detail the alleged conduct for which certain action may be taken. The alleged conduct is usually in breach of the Home Building Act 1989 (NSW).

The period within which to respond is generally a period of only 14 days.

If you fail to respond within the given time period, a decision may be made in the absence of a response and disciplinary action may be taken against you. Thus, a failure to provide a proper response may increase the likelihood that NSW Fair Trading impose a penalty on you ranging from a pecuniary penalty or cancellation of your authority.

Contacting us is crucial to ensure you are as protected as possible.

What if NSW Fair Trading have already imposed disciplinary action?

If you have already been penalised by NSW Fair Trading, we can still assist you. In those circumstances, you may seek an Internal Review requesting that the decision is reviewed. If you are still unhappy with the outcome, we can assist you in preparing an application with the NSW Civil and Administrative Tribunal for an administrative review of the decision.

What can JFM LAW do to help you?

At JFM LAW, getting the best possible outcome for you is our priority. We do this is by:

  • Reviewing your Notice to Show Cause and determining the nature of the allegations,
  • Reviewing the evidence provided by NSW Fair Trading and assessing the strength of their evidence,
  • Identifying an adequate defence,
  • Helping you prepare a response to your Notice to Show Cause,
  • Assisting you in obtaining any relevant further materials and guiding you throughout the process, and
  • Advising you of any necessary review steps and what actions to take.

How does NSW Fair Trading operate?

It is important to know how NSW Fair Trading operates with respect to trades and businesses. Fair Trading details the necessary qualifications to become a licenced tradesperson, the responsibilities of operation, and business essentials.

NSW Fair Trading can take disciplinary action against you for many reasons, one of these being improperly obtained licences. Disciplinary action for this may include:

  • A caution or reprimand,
  • A fine of up to $11,000 if you are an individual,
  • A fine of up to $50,000 if you are a company,
  • Imposition of conditional limits on your licence,
  • Cancellation of your licence, and/or
  • Your disqualification.

To get the best outcome for yourself and ensure the protection of your finances and business, please contact John Morrissey for a free-of-charge telephone conference or face-to-face conference to discuss your matter. You can also reach us at front.desk@jfmlaw.com.au, or give us a call on (02) 9199 8597.