Building Professionals Board v Chalmers [2008] NSWADT 158

Building Professionals Board v Chalmers [2008] NSWADT 158

The respondent's conduct in issuing a final occupation certificate for a building not suitable for occupation and in issuing the certificate when not the principal certifying authority constituted unsatisfactory professional conduct under the applicable legislation, warranting a reprimand and a substantial fine.

Jurisdiction
Australia
Judgment Date
29 May 2008
Procedural Posture
Disciplinary Proceedings / Final Decision
Outcome
Respondent found guilty of unsatisfactory professional conduct; reprimanded and ordered to pay a fine.
Legal Topics
['disciplinary Proceedings Against Accredited Certifier' 'unsatisfactory Professional Conduct' 'issue of Occupation Certificate' 'disability Access Compliance' 'fire Safety Compliance']
['administrative Law' 'building Regulation'] ['disciplinary Proceedings Against Accredited Certifier' 'unsatisfactory Professional Conduct' 'issue of Occupation Certificate' 'disability Access Compliance' 'fire Safety Compliance']

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Procedural Posture

Disciplinary Proceedings / Final Decision

Legal Issues

  1. 1 ['Whether the respondent issued a final occupation certificate for a building not suitable for occupation in accordance with the Building Code of Australia' 'Whether the respondent issued a final occupation certificate without being the appointed principal certifying authority' 'Whether the respondent’s conduct amounted to unsatisfactory professional conduct or professional misconduct under the Building Professionals Act 2005']

Ratio Decidendi

The respondent's conduct in issuing a final occupation certificate for a building not suitable for occupation and in issuing the certificate when not the principal certifying authority constituted unsatisfactory professional conduct under the applicable legislation, warranting a reprimand and a substantial fine.

Court Disposition

Respondent found guilty of unsatisfactory professional conduct; reprimanded and ordered to pay a fine.

Orders

  • ['The Tribunal finds the Respondent guilty of unsatisfactory professional conduct' 'The Tribunal orders that the Respondent be reprimanded; and pay to the Board a fine of $6,600']