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 to apply for contractor licence NSW, 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. In other words, a NSW contractor licence required residential building work threshold may apply where the value of the work meets this amount.
Although we focus on NSW in this blog, similar licensing 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.
Fit and Proper Person Contractor Licence NSW 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.
To hold a contractor’s licence, you must have the necessary qualifications and experience and 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. These issues are often central to fit and proper person contractor licence NSW decisions.
Electrician Licence Refused NSW: John’s Matter
Hall Payne Lawyers recently assisted a client in appealing a decision of the Building Commission NSW:
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.
This type of Contractor licence rejection can have serious consequences for a tradesperson’s ability to work. It can also raise practical questions, such as “Can you be an electrician with a criminal record?” or “Can you get a contractor license with a felony?” and “Can I get a contractor licence with a criminal record in NSW?”
NSW Civil and Administrative Tribunal [NCAT] Contractor Licence Appeal Process
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. This became an NCAT contractor licence appeal. 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.
This is a helpful example of the NSW contractor licence appeal process and how to appeal a contractor licence rejection in NSW with the right evidence and advice.
Advice for Applicants After a Contractor Licence Rejection
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 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, it is advisable 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.
Get Legal Advice Early for a Contractor Licence Appeal
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 avoid 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.
If you need an employment lawyer for licence appeal, an employment lawyer NSW, an administrative law employment lawyer, or a Contractor licence refusal lawyer NSW, Hall Payne Lawyers can help you understand your options.
We have used a pseudonym to maintain confidentiality.
Contractor Licence Appeal NSW FAQs
How do I appeal a contractor licence rejection in NSW?
You may be able to appeal internally or apply to the NSW Civil and Administrative Tribunal, depending on the decision and the stage of the process. It is important to get legal advice early so you can understand your review rights, timeframes and evidence requirements.
Can I get a contractor licence with a criminal record in NSW?
A criminal record does not automatically mean you cannot obtain a contractor licence in NSW. The decision may depend on the nature of the offences, when they occurred, whether they relate to dishonesty or work conduct, and whether you can show that you are a fit and proper person.
What evidence can help with a contractor licence appeal?
Helpful evidence may include court documents, written explanations of the circumstances, proof of rehabilitation, employment records, qualifications, work history and strong character references from employers or respected community members.
When should I speak to a lawyer about a contractor licence refusal?
You should seek legal advice as early as possible, especially if your ability to work depends on the licence. A lawyer can help you prepare your response, gather evidence, assess your prospects and assist with any appeal if your application has already been refused.