Building Professionals Board v Cohen (No. 2) [2010] NSWADT 266

Building Professionals Board v Cohen (No. 2) [2010] NSWADT 266

Mr Cohen's conduct amounted to professional misconduct of sufficient gravity, compounded by repeated non-compliance and inadequate attitude toward compliance, warranting cancellation of accreditation, bar on re-application for two years, disqualification from management roles in any accredited body corporate for five years, and imposition of a fine of $12,000.

Parties
Applicant: Building Professionals Board; Respondent: Bernard Cohen
Jurisdiction
Australia
Judgment Date
08 November 2010
Procedural Posture
Disciplinary Proceedings / Disciplinary Orders Following Finding of Professional Misconduct
Outcome
Certificate of accreditation cancelled; respondent barred from re-applying for two years, disqualified from management roles in accredited body corporate for five years, and fined $12,000.
Legal Topics
Accredited Certifiers, Disciplinary Orders, Professional Misconduct, Fitness to Practise, Fire Safety Requirements, Disability Access Requirements, Remedial Compliance, General Deterrence, Specific Deterrence
Administrative Law Building Regulation Professional Discipline Accredited Certifiers Disciplinary Orders Professional Misconduct Fitness to Practise Fire Safety Requirements +4 more

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Parties

Building Professionals Board

Applicant

Bernard Cohen

Respondent

Procedural Posture

Disciplinary Proceedings / Disciplinary Orders Following Finding of Professional Misconduct

Legal Issues

  1. 1 What disciplinary orders are appropriate following professional misconduct by an accredited certifier?
  2. 2 Is the respondent fit to continue in practice as an accredited certifier?
  3. 3 Jurisdictional objection regarding delay between internal recommendation and Tribunal referral

Ratio Decidendi

Mr Cohen's conduct amounted to professional misconduct of sufficient gravity, compounded by repeated non-compliance and inadequate attitude toward compliance, warranting cancellation of accreditation, bar on re-application for two years, disqualification from management roles in any accredited body corporate for five years, and imposition of a fine of $12,000.

Court Disposition

Certificate of accreditation cancelled; respondent barred from re-applying for two years, disqualified from management roles in accredited body corporate for five years, and fined $12,000.

Orders

  • The respondent's certificate of accreditation is cancelled.
  • The respondent cannot re-apply for a certificate of accreditation for two years.