Last Updated on 29/10/2025 by Damin Murdock
When applying for a building licence or any other occupational licence in Australia, applicants are often required to demonstrate that they are a “fit and proper person”. While this may sound straightforward, the legal meaning of this term is far more complex. It involves an assessment of a person’s character, behaviour, history, and the public interest. In this article, we break down the legal principles surrounding this important test.
What Does “Fit and Proper Person” Mean?
The term is intentionally broad and flexible, allowing licensing authorities considerable discretion in assessing a person’s suitability. The Victorian Civil and Administrative Tribunal (VCAT) has consistently applied this test across a range of regulatory settings.
These decisions confirm that the assessment generally rests on three core pillars:
- The individual must demonstrate truthfulness and act without malice or bias
- They must understand what is required in their role or licensed activity
- They must have the competence to perform their duties diligently and responsibly
Criminal Records and Licensing
A criminal history is not an automatic disqualifier, but it is an important consideration. If someone has been found guilty of an indictable offence, their application may be rejected depending on the nature and relevance of the offence. Importantly, the test goes beyond “character” and considers any factor relevant to the public interest, including both personal and professional conduct.
Courts also differentiate between personal misconduct (e.g., behaviour outside of work), and professional misconduct (e.g., previous licence breaches or regulatory issues). Both types of conduct may impact the licensing decision.
Key Considerations for Licensing Authorities
The assessment is not one-size-fits-all. It must relate to the purpose of the legislation under which the licence is issued. For example, licensing laws in the building sector are designed to promote safety, compliance, and public confidence in the industry. Authorities typically consider:
- Public interest and safety
- Nature, timing, and relevance of any criminal offence
- Whether the offence shows a pattern or isolated incident
- Evidence of rehabilitation, remorse, or reform
- Relationship between past conduct and the licensed role
- Community confidence in the person’s ability to discharge their duties
The test is forward-looking, focusing on the likelihood of future behaviour rather than punishing past mistakes. Evidence such as character references, involvement in rehabilitation programs, and a clean recent history can assist in showing readiness for licensure.
Practical Implications
Licensing bodies have wide discretion to approve or refuse applications. Legal advice is highly recommended if you have any factors in your history, such as a criminal record, that could affect your application, and appeals can often be made to tribunals like VCAT or NCAT if a decision is unfavourable.
The “fit and proper person” test is a critical hurdle for obtaining or renewing a building or occupational licence. It goes far beyond just ticking a box, requiring a detailed and context-driven assessment of a person’s character, conduct, and the public interest. While a past conviction does not necessarily prevent licensure, it must be carefully addressed.
At Leo Lawyers, we help clients prepare robust applications and respond to regulatory scrutiny, giving them the best chance to move forward confidently in their careers. Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
