Building Professionals Board v Hans (No.2) (GD) [2008] NSWADTAP 48

Appeal Panel - Internal

CITATION: Building Professionals Board v Hans (No.2) (GD) [2008] NSWADTAP 48

APPELLANT Building Professionals Board PARTIES: RESPONDENT Anthony Hans

FILE NUMBER: 079025

HEARING DATES: 9 May 2008

SUBMISSIONS CLOSED: 9 May 2008

DATE OF DECISION: 29 July 2008

BEFORE: Chesterman M - Deputy President; Salier GA - Judicial Member; Hayward P - Non Judicial Member

CATCHWORDS: Accredited certifier - distribution between professional misconduct and unsatisfactory professional conduct - appropriate penalties - appeal allowed in part

MATTER FOR DECISION: Principal matter

DECISION UNDER APPEAL: Building Professionals Board v Hans [2007] NSWADT 83

FILE NUMBER UNDER APPEAL: 063382

DATE OF DECISION UNDER APPEAL: 04/12/2007

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Building Professionals Act 2005 Building Professionals Regulation 2007 Environmental Planning and Assessment Act 1979

Allinson v General Council of Medical Education and Registration [1894] 1 QBD 750 Briginshaw v Briginshaw (1938) 60 CLR 336 Building Professionals Board v Boulle [2008] NSWADT 80 Building Professionals Board v Cogo [2008] NSWADT 119 CASES CITED: Building Professionals Board v Hans [2007] NSWADT 83 Building Professionals Board v Hans (GD) [2008] NSWADTAP 13 Director, Building Professionals Branch, Department of Planning v Dallas [2006] NSWADT 231 Director General, Department of Infrastructure, Planning & Natural Resources v Boulle [2006] NSWADT 43 Director General, Department of Infrastructure, Planning & Natural Resources v Stapleton (No 2) [2004] NSWADT 70 Minister for Infrastructure and Planning v Conway (No 2) [2004] NSWADT 159