Clearscope Legal founder, Raphael Brown, shares the details of a recent case that saw an engineer working in HVACR take on the bureaucracy and win. He also explains why this precedent is important for the HVACR industry.
Navigating Australia’s maze of regulations can feel like trying to design a labyrinthine HVAC system: one wrong turn, and you're back at square one. Enter Mr. Ryu-jin Lee, an experienced engineer who recently found himself at the centre of a decision by the NSW Civil and Administrative Tribunal (NCAT). His saga offers lessons not only for professionals in the HVACR industry but also for anyone wrestling with bureaucracy.
Mr. Lee, a seasoned engineer, sought registration under the Design and Building Practitioners Act 2020 (DBP Act) to certify his work on mechanical systems, including fire systems. While he had the qualifications, skills, and knowledge for the job, the sticking point was his experience—or at least how the regulators interpreted it.
The Commissioner for Fair Trading NSW denied his application, claiming Mr. Lee didn’t have the mandatory five years of recent, relevant practical experience on specific building classes. Instead, they acknowledged only five months of experience in the prescribed classes. Mr. Lee’s work on high-profile projects, like the Sydney Football Stadium and Westmead Hospital, apparently didn’t tick the right bureaucratic boxes.
The Bureaucratic Tangle
The DBP Act requires engineers to demonstrate experience on specific building classes—those where people sleep, like residential apartments (class 2), hotels (class 3), and facilities such as hospitals (classes 9a and 9c). The Commissioner argued that Mr. Lee’s experience, mainly on other types of buildings, didn’t align with these requirements.
But here’s the twist: regulations, not just in NSW but across the country, also allow for alternative pathways to registration. One such pathway involves proving your experience is "at least equivalent" to the prescribed requirements. And this is where Mr. Lee’s persistence (and a solid legal argument) paid off.
The tribunal highlighted an important point: focusing solely on the labels of building classes misses the bigger picture. Mr. Lee demonstrated that the complexity of his work—on projects like the Sydney Football Stadium—often exceeded the technical demands of the prescribed classes.
Even the Commissioner’s own witnesses agreed that Mr. Lee’s work required high-level expertise. Letters from respected engineers backed him up, showing that his experience was not just equivalent but arguably superior to what the rules required.
Why this Matters for the HVACR Industry
The tribunal’s decision isn’t just a win for Mr. Lee—it’s a wake-up call for regulators across Australia. Here are the key takeaways:
- Experience Isn’t Always Neatly Categorised
The HVAC&R industry often deals with projects that don’t fit neatly into regulatory checkboxes. This case underscores the importance of looking beyond rigid classifications to assess the real value of professional experience.
- Alternative Pathways Are Key
For professionals with unconventional career trajectories, alternative pathways can be a lifeline. Knowing these options—and being prepared to fight for them—can make all the difference.
- Standards vs. Reality
Laws might be written with only good intentions, but as Mr. Lee’s case shows, overly rigid interpretations can backfire. Advocacy and common sense are crucial to balancing compliance with practical realities.
Conclusion
Mr. Lee’s victory is a reminder that regulations, while necessary, should serve the industry—not stifle it. By standing his ground, he not only secured his own registration but also set a precedent for future cases.
So, the next time you’re wrestling with red tape, remember: the fight might be worth it. And if all else fails, channel your inner engineer—sometimes, the best solutions are the most creative ones!
About the author
Raphael Brown is the founder of Clearscope Legal. He specialises in commercial law and intellectual property, and has particular expertise in legal issues affecting the HVACR sector. Raphael publishes a regular newsletter on legal topics relevant to HVACRR businesses. Sign up here: https://clearscopelegal.com.au/signup/