Building Professionals Board v Duffy [2008] NSWADT 117

Building Professionals Board v Duffy [2008] NSWADT 117

The Tribunal found that the Council's sworn evidence established non-receipt or late receipt of required documents, while the Respondent gave no sworn evidence on that issue; the failures to lodge required documents with Council were proven and amounted to unsatisfactory professional conduct. The Respondent admitted failing to comply with s 109X notices, and his claimed reasonable excuse was unsupported by direct or corroborating evidence; those failures amounted to professional misconduct under s 109X(5) and also met the general standard for professional misconduct. The charge alleging inappropriate issue of the complying development certificate for 13 Arabella Place was dismissed...

Jurisdiction
Australia
Judgment Date
18 April 2008
Procedural Posture
Applications Under the Building Professionals Act 2005 for Disciplinary Findings and Orders Against an Accredited Certifier / Principal Matter; Applications Joined and Heard Together
Outcome
The Respondent was found guilty of professional misconduct for failing to respond to notices served by the accreditation body and unsatisfactory professional conduct for failing to provide copies of certificates to Council; the inappropriate complying development certificate charge was dismissed; the Respondent was...
Legal Topics
['accredited Certifiers' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'failure to Comply With S 109 X Notices' 'failure to Forward Certificates and Documents to Council' 'complying Development Certificates']
['administrative Law' 'professional Discipline' 'planning and Development Law'] ['accredited Certifiers' 'professional Misconduct' 'unsatisfactory Professional Conduct' 'failure to Comply With S 109 X Notices' 'failure to Forward Certificates and Documents to Council' 'complying Development Certificates']

Case Brief

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Procedural Posture

Applications Under the Building Professionals Act 2005 for Disciplinary Findings and Orders Against an Accredited Certifier / Principal Matter; Applications Joined and Heard Together

Legal Issues

  1. 1 ['Whether the Respondent failed to forward required certificates and documents to Council in time or at all.' 'Whether the Respondent failed without reasonable excuse to comply with notices under s 109X of the Environmental Planning and Assessment Act 1979.' 'Whether the Respondent inappropriately issued a complying development certificate for the swimming pool at 13 Arabella Place, Bella Vista.' 'Whether the proven conduct amounted to professional misconduct or unsatisfactory professional conduct.' 'What disciplinary order should be made.']

Ratio Decidendi

The Tribunal found that the Council's sworn evidence established non-receipt or late receipt of required documents, while the Respondent gave no sworn evidence on that issue; the failures to lodge required documents with Council were proven and amounted to unsatisfactory professional conduct. The Respondent admitted failing to comply with s 109X notices, and his claimed reasonable excuse was unsupported by direct or corroborating evidence; those failures amounted to professional misconduct under s 109X(5) and also met the general standard for professional misconduct. The charge alleging inappropriate issue of the complying development certificate for 13 Arabella Place was dismissed...

Court Disposition

The Respondent was found guilty of professional misconduct for failing to respond to notices served by the accreditation body and unsatisfactory professional conduct for failing to provide copies of certificates to Council; the inappropriate complying development certificate charge was dismissed; the Respondent was...

Orders

  • ['The Tribunal finds the Respondent guilty of professional misconduct in respect of his failure to respond to notices served by the accreditation body.' 'The Tribunal finds the Respondent guilty of unsatisfactory professional conduct in respect of his failure to provide copies of certificates to Council.' 'The...