Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14

Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14

The Tribunal found that the applicant committed unsatisfactory professional conduct and, in respect of some complaints, professional misconduct—including repeated contraventions of statutory duties, failures to respond appropriately to complaints, issuing inconsistent or non-compliant statutory certificates, and a pattern of neglectful practice. Given the number and seriousness of the proven breaches, the applicant’s substantial disciplinary history, and inadequate evidence of reform, the correct and preferable decision is cancellation of accreditation effective 6 March 2020. This outcome is necessary for public protection and general deterrence.

Parties
Applicant: Peter Boyce; Respondent: Building Professionals Board
Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Administrative Review / Disciplinary Proceedings / Substantive Hearing and Orders
Outcome
Decision of the respondent (BPB) affirmed, but date of cancellation of accreditation varied; Tribunal's interim order discharged.
Legal Topics
Accredited Certifiers—disciplinary Action, Professional Misconduct, Building Professionals Act 2005 (nsw), Code of Conduct for Accredited Certifiers, Compliance With Development Standards, Statutory Duties of Certifiers, Administrative Review, Environmental Planning and Assessment Act 1979 (nsw)
Administrative Law Regulatory Law Building Law Professional Discipline Accredited Certifiers—disciplinary Action Professional Misconduct Building Professionals Act 2005 (nsw) Code of Conduct for Accredited Certifiers +4 more

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 5 Authorities cited 24 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Peter Boyce

Applicant

Building Professionals Board

Respondent

Procedural Posture

Administrative Review / Disciplinary Proceedings / Substantive Hearing and Orders

Legal Issues

  1. 1 Whether the applicant, an accredited certifier, committed unsatisfactory professional conduct or professional misconduct in issuing various statutory certificates and in responses to complaints;
  2. 2 Whether the applicant's conduct warranted disciplinary action including cancellation of accreditation;
  3. 3 Whether applicant breached relevant statutory duties and the Code of Conduct.

Ratio Decidendi

The Tribunal found that the applicant committed unsatisfactory professional conduct and, in respect of some complaints, professional misconduct—including repeated contraventions of statutory duties, failures to respond appropriately to complaints, issuing inconsistent or non-compliant statutory certificates, and a pattern of neglectful practice. Given the number and seriousness of the proven breaches, the applicant’s substantial disciplinary history, and inadequate evidence of reform, the correct and preferable decision is cancellation of accreditation effective 6 March 2020. This outcome is necessary for public protection and general deterrence.

Court Disposition

Decision of the respondent (BPB) affirmed, but date of cancellation of accreditation varied; Tribunal's interim order discharged.

Orders

  • Decision of the respondent made on 3 May 2019 is affirmed apart from the date of the cancellation of the applicant's certificate of accreditation, which is varied to take effect on 6 March 2020.
  • Order that the order of the Tribunal made on 22 May 2019 is to be discharged on 6 March 2020.