McGufficke v Building Professionals Board [2013] NSWADT 296

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: McGufficke v Building Professionals Board [2013] NSWADT 296 Hearing dates: 29 November 2013 Decision date: 20 December 2013 Jurisdiction: General Division Before: Judge K P O'Connor, President P Friedmann, Non-judicial Member Decision: The decision of the Board is affirmed. Catchwords: PROFESSIONAL DISCIPLINE - Accredited Certifier - Review of disciplinary decision - standards in relation to issuance of construction and occupation certificates - Board finding of unsatisfactory professional conduct - those allegations found proven - orders of reprimand and fine - decision of Board affirmed: Building Professionals Act 2005, s 19 Legislation Cited: Administrative Decisions Tribunal Act 1997 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Baulkham Hills Shire Council v Ko-veda Holiday Park Estate Pty Ltd [2008] NSWLEC 181 Bennett v Building Professionals Board (No 2) [2011] NSWADT 238 Cessnock City Council v Laila Investments Pty Ltd [2012] NSWLEC 206 Project Blue Sky v Australian Broadcasting Authority [1988] HCA 28; (1998) 194 CLR 355 Category: Principal judgment Parties: Scott McGufficke (Applicant) Building Professionals Board (Respondent) Representation: Counsel C O'Neill (Applicant) J Callaghan, Lee & Lyons (Applicant) A Grey, Building Professionals Board (Respondent) File Number(s): 133221