Bishop v CSR (Review and Regulation) [2016] VCAT 239
The applicant for the First Home Owner Grant (FHOG) was a student that had purchased accommodation in a building known as “Uni-Lodge”. The planning overlay for this building required the accommodation to be occupied by a current student. At the time of purchase the applicant had up to 12 months left of his studies, however, he subsequently graduated earlier than expected. As a consequence he vacated the premises prior to having occupied the property for even six months.
On 22 February 2016 the Tribunal’s Senior Member Davis provided written reasons that the applicant did not occupy the property as his principal place of residence for a continuous period of at least six months, as required by s12 of the First Home Owner Grant Act 2000 (the Act). The Tribunal affirmed the Commissioner’s decision to recall the grant but reduced the penalty of $2600 to $1500 because it felt that the Commissioner was on notice at the time of approving the application for the FHOG that the applicant may not have been able to meet the inherent requirements of the Act.
