❓ Hon. Kate Doust questions the Minister for Commerce regarding the definition of "fit and proper person" in relation to plumbers' licensing, specifically concerning driving offences and its broader application across WA licensing requirements. The Minister provides a general response deferring to common law and contextual application.
AnsweredQoN 500Legislative Council
QuestionView source ↗
PLUMBERS —
LICENSING
500. Hon KATE DOUST to the
Minister for Commerce:
I refer to the term ''fit
and proper person'' in the Plumbers Licensing and Plumbing Standards
Regulations 2000 and the related Plumbers Licensing Board policy on criminal
record assessment.
(1) Can the minister
please provide a definition of what a ''fit and proper person''
entails?
(2) Why are driving offences such as driving
under the influence considered by the board when issuing or renewing a licence?
(3) Does the term ''fit and proper
person'' apply to any other licensing requirement in Western Australia?
LICENSING
500. Hon KATE DOUST to the
Minister for Commerce:
I refer to the term ''fit
and proper person'' in the Plumbers Licensing and Plumbing Standards
Regulations 2000 and the related Plumbers Licensing Board policy on criminal
record assessment.
(1) Can the minister
please provide a definition of what a ''fit and proper person''
entails?
(2) Why are driving offences such as driving
under the influence considered by the board when issuing or renewing a licence?
(3) Does the term ''fit and proper
person'' apply to any other licensing requirement in Western Australia?
AnswerView source ↗
I thank the honourable member for some notice of the
question.
(1) The
requirement to be a ''fit and proper'' person is not defined in
legislation. It is determined by principles developed by the common law and
interpreted by authorised decision-makers and ultimately the courts. How it is
interpreted and applied may vary from occupation to occupation; and I should
add, depending on the circumstances.
(2) I am
advised that only offences relevant to issuing or renewing a licence are
considered by the Plumbers Licensing Board. Consistent with the policy referred
to, the board also takes into consideration behaviour that demonstrates a
disregard for complying with the law. In most cases traffic offences are simply
noted.
(3) Yes.
question.
(1) The
requirement to be a ''fit and proper'' person is not defined in
legislation. It is determined by principles developed by the common law and
interpreted by authorised decision-makers and ultimately the courts. How it is
interpreted and applied may vary from occupation to occupation; and I should
add, depending on the circumstances.
(2) I am
advised that only offences relevant to issuing or renewing a licence are
considered by the Plumbers Licensing Board. Consistent with the policy referred
to, the board also takes into consideration behaviour that demonstrates a
disregard for complying with the law. In most cases traffic offences are simply
noted.
(3) Yes.
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