Wang v Building Professionals Board [2019] NSWCATOD 174

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Wang v Building Professionals Board [2019] NSWCATOD 174 Hearing dates: 16 July 2019 Date of orders: 13 November 2019 Decision date: 13 November 2019 Jurisdiction: Occupational Division Before: K Ransome, Senior Member S Boyce, General Member Decision: (1) The decision of the respondent is set aside. (2) The applicant is to complete within 60 days of the date of this decision the E1 Accredited Certifier Swimming Pool Certification Course as identified by the Board on its website. (3) The applicant is to pay to the Board the sum of $15,000 within 60 days of the date of this decision. Catchwords: ADMINISTRATIVE REVIEW – accredited swimming pool certifier – lack of understanding of legislative requirements - finding of unsatisfactory professional conduct – appropriate penalty Legislation Cited: Building Professionals Act 2005 Swimming Pools Act 1992 Swimming Pools Regulation 2008 Cases Cited: Autore & anor v Waverley Council [2015] NSWLEC 1350 Building Professionals Board v Cogo [2008] NSWADT 119 Fairfield City Council v Saha [2018] NSWLEC 104 Qiu v Building Professionals Board [2013] NSWADT 289 Category: Principal judgment Parties: Jeff Wang (Applicant) Building Professionals Board (Respondent) Representation: Wisdom Lawyers (Applicant) Legal Services, Department of Finance, Services and Innovation (Respondent) File Number(s): 2019/00088087