Building Professionals Board v Boulle [2009] NSWADT 9

Building Professionals Board v Boulle [2009] NSWADT 9

Mr Boulle exceeded his authority of accreditation by issuing a construction certificate for a building beyond his permitted limit and then falsified an official certificate and misrepresented the appointment of a principal certifying authority, constituting professional misconduct. The seriousness of the conduct, particularly involving integrity, and his poor disciplinary history, warranted cancellation of accreditation and a period of disqualification, serving the protective objectives of disciplinary action.

Jurisdiction
Australia
Judgment Date
16 January 2009
Procedural Posture
Application for Disciplinary Findings and Orders / Final Decision
Outcome
Respondent found guilty of professional misconduct; certificate of accreditation cancelled; respondent barred from re-applying for accreditation for 9 months.
Legal Topics
['accredited Certifier Misconduct' 'exceeding Authority of Accreditation' 'false Certificates' 'professional Standards' 'building Professionals Act 2005']
['administrative Law' 'professional Discipline' 'building and Construction Law'] ['accredited Certifier Misconduct' 'exceeding Authority of Accreditation' 'false Certificates' 'professional Standards' 'building Professionals Act 2005']

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Procedural Posture

Application for Disciplinary Findings and Orders / Final Decision

Legal Issues

  1. 1 ['Did Mr Boulle exceed the authority of his accreditation by issuing a construction certificate for a building beyond his limit?' 'Did Mr Boulle provide false documents and misleading information regarding the appointment of a principal certifying authority and issuance of certificates?' 'Does the conduct amount to professional misconduct?']

Ratio Decidendi

Mr Boulle exceeded his authority of accreditation by issuing a construction certificate for a building beyond his permitted limit and then falsified an official certificate and misrepresented the appointment of a principal certifying authority, constituting professional misconduct. The seriousness of the conduct, particularly involving integrity, and his poor disciplinary history, warranted cancellation of accreditation and a period of disqualification, serving the protective objectives of disciplinary action.

Court Disposition

Respondent found guilty of professional misconduct; certificate of accreditation cancelled; respondent barred from re-applying for accreditation for 9 months.

Orders

  • ['The Tribunal finds the Respondent guilty of professional misconduct.' "The Tribunal orders that the Respondent's certificate of accreditation be cancelled; and that the Respondent cannot re-apply for a certificate of accreditation for 9 months." 'These orders are to take effect on 1 February 2009 or on such later...