Treble v Building Professionals Board [2019] NSWCATOD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Treble v Building Professionals Board [2019] NSWCATOD 34 Hearing dates: 26 October 2018, 23 November 2018 Date of orders: 28 February 2019 Decision date: 28 February 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member N Halstead, General Member Decision: (1) The decision of the Building Professionals Board is varied to be: (a) Pursuant to s 31(4)(a) of the Building Professionals Act 2005 the applicant is reprimanded; (b) Pursuant to s 31(4)(f) of the Building Professionals Act 2005 the applicant is to pay to the Building Professionals Board a fine of $8,000 within 28 days of the date of this decision. Catchwords: ADMINISTRATIVE REVIEW – accredited certifier – findings of unsatisfactory professional conduct – disciplinary orders varied as to amount of fine Legislation Cited: Administrative Decisions Review Act 1997 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 2017 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous and Affordable Housing) 2017 Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34 Hallal v Building Professionals Board [2016] NSWCATOD 78 Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Levick v Building Professionals Board [2018] NSWCATOD 125 Qiu v Building Professionals Board [2013] NSWADT 289 Raco v Building Professionals Board [2015] NSWCATOD 102 Trives v Hornsby Shire Council [2015] NSWCA 158 Texts Cited: Nil Category: Principal judgment Parties: Wayne Treble (Applicant) Building Professionals Board (Respondent) Representation: Solicitors: Anchor Law (Applicant) Department of Finance & Services (Respondent) File Number(s): 2018/00067314 Publication restriction: Nil