Commandeur v Building Professionals Board [2019] NSWCATOD 152

Commandeur v Building Professionals Board [2019] NSWCATOD 152

The Applicant's admitted conduct, including commencing E1 certifier functions without a request from owners, giving an impression of association with the council, and multiple failures to comply with statutory requirements for swimming pool notices, certificates and council notification, amounted to unsatisfactory professional conduct. Having regard to the seriousness of pool safety regulation, the extent of the contraventions, the Applicant's prior Queensland disciplinary history, his failure to familiarise himself with NSW requirements, and continuing concerns about compliance, the Board's reprimand, education course order and $15,000 fine were appropriate and not excessive; the correct...

Jurisdiction
Australia
Judgment Date
02 October 2019
Procedural Posture
Administrative Review of Disciplinary Determination Against an Accredited Certifier / Final Decision on Review Under Section 33 of the Building Professionals Act 2005
Outcome
The decision of the Respondent is affirmed.
Legal Topics
['accredited Certifier' 'unsatisfactory Professional Conduct' 'swimming Pool Certification' 'disciplinary Orders' 'administrative Review']
['administrative Law' 'occupational Discipline' 'building and Construction Regulation'] ['accredited Certifier' 'unsatisfactory Professional Conduct' 'swimming Pool Certification' 'disciplinary Orders' 'administrative Review']

Case Brief

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Procedural Posture

Administrative Review of Disciplinary Determination Against an Accredited Certifier / Final Decision on Review Under Section 33 of the Building Professionals Act 2005

Legal Issues

  1. 1 ['Whether the Applicant was guilty of unsatisfactory professional conduct as an accredited certifier.' "Whether the Board's disciplinary action, including a reprimand, education course requirement and $15,000 fine, was the correct and preferable decision." "Whether the Applicant's failures to comply with requirements for swimming pool notices and certificates justified the penalty imposed."]

Ratio Decidendi

The Applicant's admitted conduct, including commencing E1 certifier functions without a request from owners, giving an impression of association with the council, and multiple failures to comply with statutory requirements for swimming pool notices, certificates and council notification, amounted to unsatisfactory professional conduct. Having regard to the seriousness of pool safety regulation, the extent of the contraventions, the Applicant's prior Queensland disciplinary history, his failure to familiarise himself with NSW requirements, and continuing concerns about compliance, the Board's reprimand, education course order and $15,000 fine were appropriate and not excessive; the correct...

Court Disposition

The decision of the Respondent is affirmed.

Orders

  • ['The decision of the Respondent is affirmed.']