Johnson v Building Professionals Board [2008] NSWADT 61

Johnson v Building Professionals Board [2008] NSWADT 61

The Tribunal found that fire hose reels were not installed when Mr Johnson issued the final occupation certificate and that there was no objective evidence supporting the suggested theft of an installed system. Issuing an occupation certificate for a residential development without required fire hose reels was a serious omission falling short of the standard reasonably expected of a competent accredited certifier. The Board's finding of unsatisfactory professional conduct, reprimand and $7,500 fine were the correct and preferable decision and the fine was not excessive.

Jurisdiction
Australia
Judgment Date
25 February 2008
Procedural Posture
Application for Review of Disciplinary Finding and Orders Under S 33 of the Building Professionals Act 2005 / Principal Matter; Decision on Review
Outcome
Application for review dismissed; disciplinary finding and orders affirmed.
Legal Topics
['review of Disciplinary Finding and Action' 'unsatisfactory Professional Conduct by Accredited Certifier' 'occupation Certificate' 'fire Safety Measures' 'fine and Reprimand']
['administrative Law' 'professional Discipline' 'building Certification'] ['review of Disciplinary Finding and Action' 'unsatisfactory Professional Conduct by Accredited Certifier' 'occupation Certificate' 'fire Safety Measures' 'fine and Reprimand']

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Procedural Posture

Application for Review of Disciplinary Finding and Orders Under S 33 of the Building Professionals Act 2005 / Principal Matter; Decision on Review

Legal Issues

  1. 1 ['Whether Mr Johnson issued a final occupation certificate when required fire hose reels had not been installed.' 'Whether the conduct amounted to unsatisfactory professional conduct.' 'Whether the reprimand and fine of $7,500 should be affirmed on review.']

Ratio Decidendi

The Tribunal found that fire hose reels were not installed when Mr Johnson issued the final occupation certificate and that there was no objective evidence supporting the suggested theft of an installed system. Issuing an occupation certificate for a residential development without required fire hose reels was a serious omission falling short of the standard reasonably expected of a competent accredited certifier. The Board's finding of unsatisfactory professional conduct, reprimand and $7,500 fine were the correct and preferable decision and the fine was not excessive.

Court Disposition

Application for review dismissed; disciplinary finding and orders affirmed.

Orders

  • ['Application for review dismissed.' 'Finding of unsatisfactory professional conduct affirmed.' 'Order that the Applicant be reprimanded affirmed.' 'Order that the applicant pay a fine of $7,500 within one month of receiving the notice of decision affirmed.']