Director General, Department of Infrastructure, Planning & Natural Resources -v- Stapleton (No 2) [2004] NSWADT 70

CITATION: Director General, Department of Infrastructure, Planning & Natural Resources -v- Stapleton (No 2) [2004] NSWADT 70 DIVISION: General Division APPLICANT PARTIES: Director General, Department of Infrastructure, Planning & Natural Resources RESPONDENT Robert Mark Stapleton FILE NUMBER: 033126 HEARING DATES: 16 & 17/02/2004 SUBMISSIONS CLOSED: 02/17/2004 DATE OF DECISION: 04/13/2004

BEFORE: O'Connor K - DCJ (President); Friedmann P - Member APPLICATION: Accredited Certifier - unsatisfactory professional conduct - Environmental Planning and Assessment Act - Accredited Certifier - unsatisfactory professional conduct MATTER FOR DECISION: Principal matter Administrative Decisions Tribunal Act 1997 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 1997 LEGISLATION CITED : Environmental Planning and Assessment Regulation 2000 Independent Commission Against Corruption Act 1988 Local Government Act 1993 Ombudsman Act 1974 CASES CITED: Allinson v General Council of Medical Education and Registration [1894] QBD 750 Hughes Aircraft Systems International v Airservices Australia (1997) 76 FCR 151 APPLICANT REPRESENTATION: M Leeming, counsel RESPONDENT R de Meyrick, counsel ORDERS: 1. The Tribunal finds the respondent guilty of unsatisfactory professional conduct:; (i) by contravening s 109ZG(1)(c) of the Environmental Planning and Assessment Act 1979 (the Act) in that he signed the application for a construction certificate for the development and then issued the construction certificate applied for.; (ii) by contravening s 109D(2) of the Act in that he did not issue the occupation certificate for the development when he was the principal certifying authority.; 2. Application to be relisted for determination of any Disciplinary Order.