Building Professionals Board v Boulle [2009] NSWADT 9

CITATION: Building Professionals Board v Boulle [2009] NSWADT 9

DIVISION: General Division

APPLICANT Building Professionals Board PARTIES: RESPONDENT Ivan Boulle

FILE NUMBER: 083164

HEARING DATES: 13 August 2008

SUBMISSIONS CLOSED: 13 August 2008

DATE OF DECISION: 16 January 2009

BEFORE: O'Connor K - DCJ (President); Friedmann P - Non-Judicial Member

CATCHWORDS: Accredited Certifier – Application for Disciplinary Findings and Orders – Exceeding Authority of Accreditation – False Substitute Certificate – Professional Misconduct – Building Professionals Act 2005

Building Professionals Act 2005 LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000

Building Professionals Board v Boulle [2008] NSWADT 80 Director General, Department of Infrastructure, Planning and Natural Resources v Boulle [2006] NSWADT 43 CASES CITED: Law Society of New South Wales v Young (No 3) [2001] NSWADTAP 38 Law Society of New South Wales v Young [1999] NSWADT 78 Veterinary Surgeons Investigating Committee v Howe [2002] NSWADT 191

APPLICANT A Grey, legal officer REPRESENTATION: RESPONDENT K Lovegrove, solicitor, Lovegrove and Lord

1. The Tribunal finds the Respondent guilty of professional misconduct. ORDERS: 2. The Tribunal orders that the Respondent's certificate of accreditation be cancelled; and that the Respondent cannot re-apply for a certificate of accreditation for 9 months. 3. These orders are to take effect on 1 February 2009 or on such later date as is permitted by the Applicant.