Boyce v Building Professionals Board [2019] NSWCATOD 94

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyce v Building Professionals Board [2019] NSWCATOD 94 Hearing dates: 16 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Occupational Division Before: A Suthers , Principal Member Decision: (1) The Decision of the Building Professionals Board dated 3 May 2019 in relation to complaints numbered 29/17, 102/17, 103/17, 35/18 and 75/18, disciplinary action number 469 is stayed, subject to the following condition:

(a) Mr Peter Boyce is not authorised to accept any application seeking that he issue a complying development certificate or a construction certificate, other than in relation to any undetermined application received by Mr Boyce on or before 3 May 2019, and any application seeking a modified certificate.

(2) The proceedings are listed for directions on 5 June 2019 at 11am.

NOTATION:

(1) The applicant may apply to relist the matter should the Building Professionals Board not, within seven days, add a notation that the decision is 'stayed and subject to review' on its website and any other publication made by it where the decision is referred to, until such time as these proceedings have been heard and determined by the Tribunal. Catchwords: ADMINISTRATIVE REVIEW – building certifier – cancellation of accreditation – stay – stay granted Legislation Cited: Administrative Decisions Review Act 1997 (NSW), ss 60(2), 60(3)(a)–(c), 62, 63(1) Building Professionals Act 2005 (NSW), Pt 2, Div 3 Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 Loveday v Commissioner for Fair Trading [2018] NSWCATAD 80 NSW Bar Association v Stevens [2003] NSWCA 95 QLD Protection Security Pty Ltd v Commissioner of Police, NSW Police Force [2018] NSWCATAP 113 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 Category: Procedural and other rulings Parties: Peter Boyce (Applicant) Building Professionals Board (Respondent) Representation: Counsel: J Reid for the applicant