Singh v Building Professionals Board [2017] NSWCATOD 59

Singh v Building Professionals Board [2017] NSWCATOD 59

The Tribunal found the relevant allegations of unsatisfactory professional conduct proven because Mr Singh issued complying development certificates that did not comply with applicable planning instruments, Building Code of Australia classification and compliance requirements, prescribed conditions, and insurance verification obligations. His conduct showed a fundamental lack of basic knowledge of the complying development framework and regulatory system. Although Category E disciplinary treatment was appropriate, the Board's $50,000 fine and original condition barring Affordable Housing SEPP CDCs were excessive, so the decision was affirmed with the fine reduced to $40,000 and the...

Jurisdiction
Australia
Judgment Date
20 April 2017
Procedural Posture
Application for Administrative Review of a Disciplinary Decision of the Building Professionals Board / Decision After Hearing
Outcome
The decision of the Building Professionals Board was affirmed, with the fine and conditions varied.
Legal Topics
['accredited Certifier Discipline' 'unsatisfactory Professional Conduct' 'complying Development Certificates' 'affordable Rental Housing Sepp' 'codes Sepp' 'building Code of Australia Classification' 'disciplinary Penalty']
['administrative Law' 'occupational Regulation' 'building and Construction' 'planning and Development'] ['accredited Certifier Discipline' 'unsatisfactory Professional Conduct' 'complying Development Certificates' 'affordable Rental Housing Sepp' 'codes Sepp' 'building Code of Australia Classification' 'disciplinary Penalty']

Case Brief

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Procedural Posture

Application for Administrative Review of a Disciplinary Decision of the Building Professionals Board / Decision After Hearing

Legal Issues

  1. 1 ['Whether the findings of unsatisfactory professional conduct in relation to complying development certificates issued by Mr Singh should be upheld.' 'Whether Mr Singh issued complying development certificates for developments that did not comply with the applicable environmental planning instruments, Building Code of Australia requirements, and prescribed conditions.' 'Whether the penalty imposed by the Building Professionals Board, including a reprimand, fine and conditions on accreditation, was appropriate.']

Ratio Decidendi

The Tribunal found the relevant allegations of unsatisfactory professional conduct proven because Mr Singh issued complying development certificates that did not comply with applicable planning instruments, Building Code of Australia classification and compliance requirements, prescribed conditions, and insurance verification obligations. His conduct showed a fundamental lack of basic knowledge of the complying development framework and regulatory system. Although Category E disciplinary treatment was appropriate, the Board's $50,000 fine and original condition barring Affordable Housing SEPP CDCs were excessive, so the decision was affirmed with the fine reduced to $40,000 and the...

Court Disposition

The decision of the Building Professionals Board was affirmed, with the fine and conditions varied.

Orders

  • ['The imposition of a reprimand was affirmed.' 'The fine imposed by the Building Professionals Board was varied from $50,000 to $40,000.' 'Before determining any application for a complying development certificate under the State Environmental Planning Policy (Affordable Rental Housing) 2009, Mr Singh must obtain...