Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4

Orfali v Commissioner for Fair Trading [2024] NSWCATOD 4

Mr Orfali engaged in unsatisfactory professional conduct by knowingly acting outside his accreditation, issuing certificates for class 2 and class 3 buildings when not authorised, misclassifying buildings, failing to ensure compliance with fire safety and swimming pool standards, acting in contravention of conditions, and failing to address errors despite notice. These grounds for disciplinary action are established, and the correct and preferable decision is to affirm cancellation and disqualification for ten years to protect the public.

Parties
Applicant: Mohamad Orfali; Respondent: Commissioner for Fair Trading
Jurisdiction
Australia
Judgment Date
11 January 2024
Procedural Posture
Administrative Review / Final Determination
Outcome
The decisions under review are affirmed.
Legal Topics
Registered Certifier Disciplinary Proceedings, Classification of Buildings Under Building Code of Australia, Fire Safety Requirements, Compliance With Planning and Development Legislation
Administrative Law Building Regulation Professional Discipline Registered Certifier Disciplinary Proceedings Classification of Buildings Under Building Code of Australia Fire Safety Requirements Compliance With Planning and Development Legislation

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Parties

Mohamad Orfali

Applicant

Commissioner for Fair Trading

Respondent

Procedural Posture

Administrative Review / Final Determination

Legal Issues

  1. 1 Whether disciplinary grounds under Building and Development Certifiers Act are established
  2. 2 Whether decisions to cancel applicant's registration and disqualify him from registration for 10 years are correct and preferable
  3. 3 Whether applicant engaged in unsatisfactory professional conduct under the relevant legislation

Ratio Decidendi

Mr Orfali engaged in unsatisfactory professional conduct by knowingly acting outside his accreditation, issuing certificates for class 2 and class 3 buildings when not authorised, misclassifying buildings, failing to ensure compliance with fire safety and swimming pool standards, acting in contravention of conditions, and failing to address errors despite notice. These grounds for disciplinary action are established, and the correct and preferable decision is to affirm cancellation and disqualification for ten years to protect the public.

Court Disposition

The decisions under review are affirmed.

Orders

  • Cancellation of applicant's registrations as registered certifier affirmed
  • Disqualification of applicant from registration for a period of ten years affirmed