McGufficke v Building Professionals Board [2013] NSWADT 296

McGufficke v Building Professionals Board [2013] NSWADT 296

The applicant failed to ensure compliance with conditions 7 and 15 before issuing the construction certificate and failed to ensure compliance with condition 7 before issuing the final occupation certificate. The Tribunal rejected his narrow construction of building work and held that accredited certifiers must deal comprehensively with development consent conditions. Reliance on client assurances without checking official documentation or adequately inspecting was insufficient. These failures breached cl 146(c) of the Environmental Planning and Assessment Regulation 2000 and s 109H(2) of the Environmental Planning and Assessment Act 1979, constituted unsatisfactory professional conduct...

Jurisdiction
Australia
Judgment Date
20 December 2013
Procedural Posture
Review Application Concerning Disciplinary Action Against an Accredited Certifier / Administrative Decisions Tribunal Review Under S 33 of the Building Professionals Act 2005
Outcome
The decision of the Board is affirmed.
Legal Topics
['accredited Certifier Discipline' 'construction Certificate' 'occupation Certificate' 'development Consent Conditions' 'unsatisfactory Professional Conduct' 'environmental Planning and Assessment Regulation 2000 Cl 146(c)' 'environmental Planning and Assessment Act 1979 S 109 H(2)']
['administrative Law' 'professional Discipline' 'planning and Development Law'] ['accredited Certifier Discipline' 'construction Certificate' 'occupation Certificate' 'development Consent Conditions' 'unsatisfactory Professional Conduct' 'environmental Planning and Assessment Regulation 2000 Cl 146(c)' 'environmental Planning and Assessment Act 1979 S 109 H(2)']

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Procedural Posture

Review Application Concerning Disciplinary Action Against an Accredited Certifier / Administrative Decisions Tribunal Review Under S 33 of the Building Professionals Act 2005

Legal Issues

  1. 1 ['Whether the applicant contravened cl 146(c) of the Environmental Planning and Assessment Regulation 2000 by issuing a construction certificate before conditions 7 and 15 of the development consent were complied with.' 'Whether the applicant contravened s 109H(2) of the Environmental Planning and Assessment Act 1979 by issuing a final occupation certificate before condition 7 of the development consent was complied with.' 'Whether the proven conduct constituted unsatisfactory professional conduct under s 19 of the Building Professionals Act 2005.' 'Whether the reprimand and fine imposed by the Building Professionals Board were appropriate.']

Ratio Decidendi

The applicant failed to ensure compliance with conditions 7 and 15 before issuing the construction certificate and failed to ensure compliance with condition 7 before issuing the final occupation certificate. The Tribunal rejected his narrow construction of building work and held that accredited certifiers must deal comprehensively with development consent conditions. Reliance on client assurances without checking official documentation or adequately inspecting was insufficient. These failures breached cl 146(c) of the Environmental Planning and Assessment Regulation 2000 and s 109H(2) of the Environmental Planning and Assessment Act 1979, constituted unsatisfactory professional conduct...

Court Disposition

The decision of the Board is affirmed.

Orders

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