Raco v Building Professionals Board [2015] NSWCATOD 102

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Raco v Building Professionals Board [2015] NSWCATOD 102 Hearing dates: 27 July 2015 Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction: Occupational Division Before: N Hennessy LCM, Deputy President N Halstead, General Member Decision: The decision of the Building Professionals Board is affirmed. Catchwords: PROFESSIONAL DISCIPLINE –review of decision of Building Professionals Board to discipline an accredited certifier - unsatisfactory professional conduct – meaning of "not inconsistent" in Environmental Planning and Assessment Regulation 2000, cl 145(1)(a) Legislation Cited: Administrative Decisions Review Act 1997 (NSW), s 63 Building Professionals Act 2005 (NSW), s 3 Environmental Planning and Assessment Act 1979 (NSW), s 96 Environmental Planning and Assessment Regulation 2000 (NSW), cl 145(1)(a) Cases Cited: Burwood Council v Ralan Burwood Pty Ltd (No 3) [2014] NSWCA 404 Category: Principal judgment Parties: Tony Raco (Applicant) Building Professionals Board (Respondent) Representation: Applicant (in person) T Grey (Building Professionals Board) (Respondent) File Number(s): 1520076 Publication restriction: Nil

REASON FOR DECISION

Introduction 1. The Building Professionals Board found Mr Raco guilty of unsatisfactory professional conduct, reprimanded him, and fined him $5,000. 2. Mr Raco, an accredited certifier, has applied to the Tribunal to review that disciplinary finding. 3. The review is an administrative review of the disciplinary finding and of any action taken by the Board after making that finding. The Tribunal is to decide what the correct and preferable decision is having regard to the material then before it: Administrative Decisions Review Act 1997 (NSW), s 63. The Tribunal may affirm, vary or set aside the decision. 4. It is alleged that Mr Raco failed to ensure that a building was built in accordance with the development consent and the construction certificate that was issued in relation to that building. In our view that allegation has been substantiated and Mr Raco has engaged in unsatisfactory professional conduct. The Building Professionals Board has made the correct and preferable decision in reprimanding Mr Raco and fining him $5,000.