Dix v Building Professionals Board [2009] NSWADT 46

Dix v Building Professionals Board [2009] NSWADT 46

The outbuilding shown in the construction certificate plans was significantly different from that shown in the development consent plans in location, size, height, structure and function. In the professional judgment of a reasonably competent accredited certifier, the construction certificate plans were inconsistent with the development consent plans and a section 96 modification was clearly required. By issuing the construction certificate, Mr Dix breached clause 145(1)(a) of the Environmental Planning and Assessment Regulation 2000 and his conduct amounted to unsatisfactory professional conduct under section 109R(a) and (d) of the Environmental Planning and Assessment Act 1979. However,...

Jurisdiction
Australia
Judgment Date
03 March 2009
Procedural Posture
Application for Review of a Disciplinary Finding Against an Accredited Certifier / Review of the Building Professionals Board Decision Dated 31 July 2008
Outcome
The Tribunal affirmed the finding of unsatisfactory professional conduct, set aside the caution, and substituted a decision to take no further action.
Legal Topics
['unsatisfactory Professional Conduct' 'accredited Certifier' 'construction Certificate' 'development Consent Inconsistency' 'section 96 Modification' 'disciplinary Caution']
['administrative Law' 'professional Discipline' 'planning and Development' 'building Certification'] ['unsatisfactory Professional Conduct' 'accredited Certifier' 'construction Certificate' 'development Consent Inconsistency' 'section 96 Modification' 'disciplinary Caution']

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Procedural Posture

Application for Review of a Disciplinary Finding Against an Accredited Certifier / Review of the Building Professionals Board Decision Dated 31 July 2008

Legal Issues

  1. 1 ['Whether the construction certificate plans for the outbuilding were inconsistent with the development consent plans within the meaning of clause 145(1)(a) of the Environmental Planning and Assessment Regulation 2000.' 'Whether issuing the construction certificate amounted to unsatisfactory professional conduct under section 109R of the Environmental Planning and Assessment Act 1979.' 'Whether the Tribunal should affirm the caution or take no further action under section 31(4) of the Building Professionals Act 2005.']

Ratio Decidendi

The outbuilding shown in the construction certificate plans was significantly different from that shown in the development consent plans in location, size, height, structure and function. In the professional judgment of a reasonably competent accredited certifier, the construction certificate plans were inconsistent with the development consent plans and a section 96 modification was clearly required. By issuing the construction certificate, Mr Dix breached clause 145(1)(a) of the Environmental Planning and Assessment Regulation 2000 and his conduct amounted to unsatisfactory professional conduct under section 109R(a) and (d) of the Environmental Planning and Assessment Act 1979. However,...

Court Disposition

The Tribunal affirmed the finding of unsatisfactory professional conduct, set aside the caution, and substituted a decision to take no further action.

Orders

  • ["The Tribunal affirms the decision to find Mr Dix guilty of 'unsatisfactory professional conduct', but sets aside the decision to caution him in respect of that conduct, substituting a decision to take no further action against him."]