Qiu v Building Professionals Board [2013] NSWADT 289

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Qiu v Building Professionals Board [2013] NSWADT 289 Hearing dates: 16 August 2013 Decision date: 16 December 2013 Jurisdiction: General Division Before: Judge K P O'Connor, President P Hayward, Non-judicial Member Decision: Respondent's decision is varied as follows: 1. Mr Qiu is reprimanded. 2. Mr Qiu is fined the sum of $7000, payable within 28 days of receipt of notice of this decision. 3. A condition is imposed on his accreditation requiring him to provide a copy of any complying development certificate he issues within two days of its issuance to an accredited certifier approved by the Board. This condition is to take effect once the Board approves of the accredited certifier, and is to remain operative for two years from the date of the approval. These arrangements are to be made within 60 days of the issuance of this decision. 4. Liberty is given to either party to apply on two days' notice in respect of the terms of the above condition. 5. In the meantime the condition imposed by the stay order requiring Mr Qiu to provide a copy of any complying development certificate he issues to the Board within two days of its issuance is to be continued. Catchwords: PROFESSIONAL DISCIPLINE - Accredited Certifier - Review of disciplinary decision - standards in relation to issuance of construction certificates in respect of residential development projects - Board finding of unsatisfactory professional conduct - ten allegations found proven - orders of reprimand, fine and suspension from issuing construction certificates for two years - eight of the allegations found proven pressed at review hearing - seven findings upheld - finding of unsatisfactory professional conduct - disciplinary order varied. Building Professionals Act 2005, s 19 Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Cases Cited: Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Director General, Department of Infrastructure, Planning and Natural Resources v Boulle [2006] NSWADT 43 Category: Principal judgment Parties: Ting Jian Qiu (Applicant) Building Professionals Board (Respondent) Representation: J Cotton, Lovegrove Solicitors (Applicant) A Grey, Building Professionals Board (Respondent) File Number(s): 133197