NSW case review: Electrician’s contractor licence denied but granted on appeal

In June 2025, we assisted an electrician in NSW who had been denied a contractor’s licence. With our assistance, our client obtained a great outcome and was ultimately granted a licence with minimal conditions.

In this blog, we discuss the requirements of obtaining a contractor’s licence, how we assisted our client, and provide some advice for anyone who is currently seeking to obtain a contractor’s licence in NSW.

Who needs a contractor licence in NSW?

Tradespersons who do work where the total cost of labour and materials totals more than $5,000 (including GST) are required to hold a contractor’s licence in NSW. Although we focus on NSW in this blog, similar licencing schemes apply in some other Australian states as well.

The following are some examples of contractor work that may require a licence:

• electrical;
• building;
• gas fitting;
• plumbing;
• plastering;
• roof tiling;
• bricklaying;
• fencing;
• carpentry;
• kitchen renovation; and
• structural landscaping.

If you are not sure whether you need a licence or what sort of licence you need, we recommend that you seek guidance from Service NSW or the Building Commission NSW.

What are the requirements?

Prior to the grant of a licence, an applicant needs to show, among other things, that they are a fit and proper person to hold such a licence.

The phrase ‘fit and proper’ refers to a person’s knowledge of the duties and responsibilities involved in holding a particular kind of licence as well as requiring them to be of sufficient moral character to be entrusted with the sort of work that the licence entails.

In other words, to hold a contractor’s licence, you must:

1. have the necessary qualifications and experience; and
2. be the kind of person that a reasonable person would not have any concerns about engaging to do work for them.

Tradespeople often have access to a person’s home. Because of this, it is especially important that they are trustworthy and honest.

John’s matter

Hall Payne Lawyers recently assisted a client in appealing a decision of the Building Commission NSW (Commission).

John (a pseudonym) had recent criminal convictions when he applied for a contractor’s licence in the category of electrician. Because of his criminal record, the Commission asked him to provide additional information. John provided a response, but the Commission deemed that it was insufficient to explain his convictions, and his application for a licence was refused on the basis that he was not a fit and proper person.

John appealed his decision internally but was unsuccessful. After this, he sought legal assistance from Hall Payne Lawyers.

On reviewing John’s criminal history, and the context of his convictions, we advised John that they were not of such a serious nature as to prevent him from holding a contractor’s licence and that he had good prospects of having the Commission’s decision overturned. We then filed an appeal in the NSW Civil and Administrative Tribunal (NCAT).

Once we had filed a statement and assisted John in gathering documentary evidence and several character references, the Commission determined that John should be granted a contractor’s licence. The matter was resolved without going to an expensive hearing.

Advice for applicants for contractor licences

If you are concerned that your criminal record might prevent you from obtaining a contractor’s licence, then we recommend you do at least the following things to prepare your application and supporting documents.

Adequately explain your conviction

Make sure to provide context of what occurred and any mitigating factors.

Remember – you are trying to show that you are a person who can be entrusted to do the sort of work that the licence entails. If your convictions are not related to dishonesty and/or did not occur in the course of your employment, you should emphasise this fact.

Get supporting documents

If there are any documents that will support your version of events, then you should provide them to the Commission. For example, you may wish to obtain a written record of your convictions and sentences, or court documents that could support your case.

Get started on this as soon as possible, as some documents (such as court transcripts) may take time to obtain.

Get character references

Character references are an essential part of showing that you are a fit and proper person. While references from family or friends are fine, you should try to obtain references from a recent employer or a community figure (such as a religious leader), as character references from unbiased persons of good standing will be much more persuasive.

Make sure that anyone providing a reference is aware of why you need the reference. If they are unaware of your criminal convictions, their reference may not be worth very much.

Seek legal advice at an early stage

Most importantly, get legal advice at an early stage. Remember that if you are unsuccessful in obtaining your licence, this may have a significant impact on your earning capacity. Further, having legal assistance earlier rather than later might obviate the need to bring expensive legal proceedings if your application is refused.

Hall Payne Lawyers employment law team can advise you about your prospects of success and can assist you with your application at any stage of the process.

 * We have used a pseudonym to maintain confidentiality.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au