Lilli v Building Professionals Board [2019] NSWCATOD 119

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lilli v Building Professionals Board [2019] NSWCATOD 119 Hearing dates: 22 March, 17 April 2019 Date of orders: 05 August 2019 Decision date: 05 August 2019 Jurisdiction: Occupational Division Before: L Pearson, Principal Member P O'Carrigan, Senior Member Decision: 1. Valerio Lilli is guilty of unsatisfactory professional conduct. 2. The decision of the Building Professionals Board of 28 September 2018 is varied to be: (1) Pursuant to s 31(4)(a) of the Building Professionals Act 2005 Valerio Lilli is reprimanded; (2) Pursuant to s 31(4)(f) of the Building Professionals Act 2005 Valerio Lilli is to pay to the Building Professionals Board a fine of $20,000.00. 3. The respondent is to refund the balance of $5,000.00 to Mr Lilli within 28 days of this decision. Catchwords: ADMINISTRATIVE REVIEW – accredited certifier – findings of unsatisfactory professional conduct – disciplinary orders Legislation Cited: Administrative Decisions Review Act 1997 Building Professionals Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Hallal v Building Professionals Board [2016] NSWCATOD 78 Levick v Building Professionals Board [2018] NSWCATOD 125 McGufficke v Building Professionals Board [2013] NSWADT 307 Qiu v Building Professionals Board [2013] NSWADT 289 Treble v Building Professionals Board [2019] NSWCATOD 34 Texts Cited: Building Professionals Board "Disciplinary Penalty Guidelines" December 2016 Category: Principal judgment Parties: Valerio Lilli (Applicant) Building Professionals Board (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) T Bagley (Respondent)