Dix v Building Professionals Board [2010] NSWADT 160

Dix v Building Professionals Board [2010] NSWADT 160

The Tribunal affirmed the Board's decision because all five allegations were established. Mr Dix, an experienced A1 accredited certifier, failed to take steps reasonably expected of a competent certifier in relation to essential fire safety matters and construction certificate documentation, including by relying on inadequate certificates, failing to make basic checks, failing to identify or ensure compliance with applicable standards, failing to secure proper access to the sprinkler valve enclosure, and failing over a lengthy period to provide properly endorsed elevation plans to Council. Those failures met the statutory standard of unsatisfactory professional conduct, and the reprimand...

Jurisdiction
Australia
Judgment Date
28 June 2010
Procedural Posture
Application for Review of Disciplinary Decision by the Building Professionals Board / Review of Decision Finding Unsatisfactory Professional Conduct; Decision Under Review Affirmed
Outcome
Decision under review affirmed.
Legal Topics
['accredited Certifier' 'unsatisfactory Professional Conduct' 'construction Certificate' 'occupation Certificate' 'fire Safety Measures' 'fire Safety Schedule' 'building Code of Australia Compliance']
['administrative Law' 'professional Discipline' 'building and Construction' 'planning and Environment'] ['accredited Certifier' 'unsatisfactory Professional Conduct' 'construction Certificate' 'occupation Certificate' 'fire Safety Measures' 'fire Safety Schedule' 'building Code of Australia Compliance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Review of Disciplinary Decision by the Building Professionals Board / Review of Decision Finding Unsatisfactory Professional Conduct; Decision Under Review Affirmed

Legal Issues

  1. 1 ['Whether the Board correctly found that Mr Dix engaged in unsatisfactory professional conduct in relation to five allegations concerning certification of a residential flat development.' 'Whether Mr Dix failed to ensure compliance of egress door handles with clause D2.21 of the BCA before issuing the occupation certificate.' 'Whether Mr Dix failed to ensure that the building occupant warning system was connected to the sprinkler system and that the sprinkler system was connected to an approved NSW Fire Brigades monitoring provider.' 'Whether Mr Dix failed to ensure that the sprinkler alarm valve enclosure provided secure and unimpeded access for NSWFB requirements.' 'Whether failure to supply elevation plans to Council with the construction certificate documentation amounted to unsatisfactory professional conduct.' 'Whether the reprimand and $5000 fine imposed by the Board should be varied.']

Ratio Decidendi

The Tribunal affirmed the Board's decision because all five allegations were established. Mr Dix, an experienced A1 accredited certifier, failed to take steps reasonably expected of a competent certifier in relation to essential fire safety matters and construction certificate documentation, including by relying on inadequate certificates, failing to make basic checks, failing to identify or ensure compliance with applicable standards, failing to secure proper access to the sprinkler valve enclosure, and failing over a lengthy period to provide properly endorsed elevation plans to Council. Those failures met the statutory standard of unsatisfactory professional conduct, and the reprimand...

Court Disposition

Decision under review affirmed.

Orders

  • ['Decision under review affirmed.']