Bennett v Building Professionals Board [2011] NSWADT 111

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Bennett v Building Professionals Board [2011] NSWADT 111 Hearing dates: 10 May 2011 Decision date: 20 May 2011 Jurisdiction: General Division Before: Magistrate N Hennessy, Deputy President Decision: The applicant's application for review of a reviewable decision was made within time. Catchwords: PRACTICE AND PROCEDURE - whether application for review made within time - meaning of 'notified' in s 55(2) of Administrative Decisions Tribunal Act 1997 Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 1997 Interpretation Act 1987 Category: Interlocutory applications Parties: Brendan Bennett (Applicant) Building Professionals Board (Respondent) Representation: D Reid (Applicant) Building Professionals Board (Respondent) File Number(s): 113053

REasons for decision

Introduction 1On 3 March 2011 Mr Bennett applied to the Tribunal for a review of a decision by the Building Professionals Board (the Board) to reprimand him. The issue in these proceedings is whether the application was lodged out of time and, if so, whether the Tribunal should nevertheless allow it to proceed. I have decided that the application was not lodged out of time. 2Mr Bennett is a building surveyor and an accredited certifier. On 22 April 2010 the Board decided to reprimand him as a result of a complaint it had received about a development at Miranda, a suburb of Sydney: Building Professionals Act 2005 ( BP Act ), s 31(4)(a). The Board says that it notified him of its decision by letter dated 14 May 2010 addressed to Mr Bennett's business premises. Mr Bennett says that he did not receive the letter. He says it was not until 2 February 2011, when he was carrying out a search on the internet for an unrelated reason, that he saw from the Building Professional's Board's Disciplinary Register that he had been reprimanded. 3Mr Bennett is required to apply to the Tribunal for a review of a decision within 28 days of the day on which he "was notified of the making of the reviewable decision": ADT Act , s 55(2)(b)(ii). The Board said Mr Bennett was notified of the decision in May 2010. If that is correct, his application, which was lodged on 3 March 2011, is about nine months out of time. Mr Bennett submitted that he was notified of the decision on 3 February 2011. The Board agrees that if that was the date on which he was notified, his application is within time. 4Alternatively, Mr Bennett submitted that if he was notified of the decision in May 2010, he has a "reasonable explanation for the delay" and the Tribunal should extend the time for the lodging of the application: ADT Act , s 57(1).