Commandeur v Building Professionals Board [2019] NSWCATOD 152

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Commandeur v Building Professionals Board [2019] NSWCATOD 152 Hearing dates: 31 May 2019 Date of orders: 02 October 2019 Decision date: 02 October 2019 Jurisdiction: Occupational Division Before: S Montgomery, Senior Member S Boyce, General Member Decision: The decision of the Respondent is affirmed. Catchwords: ADMINISTRATIVE REVIEW – accredited certifier – findings of unsatisfactory professional conduct – disciplinary orders Legislation Cited: Building Professionals Act 2005 Swimming Pools Act 1992 Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Building Professionals Regulation 2007 Cases Cited: Building Professionals Board v Cogo [2008] NSWADT 119 Lilli v Building Professionals Board [2019] NSWCATOD 119 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Phillip Brett Commandeur (Applicant) Building Professionals Board (Respondent) Representation: Solicitors: Applicant (Self Represented) NSW Fair Trading (Respondent) File Number(s): 2018/00398335 Publication restriction: Nil

Reasons for Decision

Introduction 1. This is an application for review of a determination by the Building Professional Board ("the Board") under section 33 of the Building Professionals Act 2005 ("the Act"). The Board determined to take disciplinary action against an accredited certifier, Mr Phillip Brett Commandeur ("the Applicant"). It found that the Applicant was guilty of unsatisfactory professional conduct as defined in section 19 of the Act and he was reprimanded; ordered to do the Accredited Certifier Swimming Pool Certification course within three months; and ordered to pay a fine of $15,000. 2. He completed the E1 Accredited Certifiers - Swimming Pool Certification Course in April 2019, however the fine has not been paid. He seeks an order setting aside the $15,000 fine. 3. For the reasons below the Tribunal has decided to affirm the Board's decision.