Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Boyce v Building Professionals Board (No 2) [2020] NSWCATOD 14 Hearing dates: 22 and 23 August, 6 December 2019 Date of orders: 07 February 2020 Decision date: 07 February 2020 Jurisdiction: Occupational Division Before: G Blake AM SC, Senior Member P O'Carrigan, Senior Member Decision: (1) Decision of the respondent made on 3 May 2019 is affirmed apart from the date of the cancellation of the applicant's certificate of accreditation which is varied to take effect on 6 March 2020. (2) Order that the order of the Tribunal made on 22 May 2019 is to be discharged on 6 March 2020. Catchwords: PROFESSIONAL DISCIPLINE – review of decision of Building Professionals Board to discipline an accredited certifier – unsatisfactory professional conduct – professional misconduct – appropriate penalty Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Building Professionals Act 2005 (NSW) Building Professionals Regulation 2007 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) Cases Cited: Boyce v Building Professionals Board [2019] NSWCATOD 94 Building Professionals Board v Boulle [2008] NSWADT 80 Building Professionals Board v Hans (No 2) [2008] NSWADTAP 48 City of Canada Bay Council v Frank Edward Bird; City of Canada Bay Council v Michael John Christopher [2003] NSWLEC 9 Director General, Department of Fair Trading v Cohen [2000] NSWFTT 3 Dix v Building Professionals Board [2011] NSWSC 926 Hallal v Building Professionals Board [2016] NSWCATOD 78 He Kaw Teh v R (1985) 157 CLR 523 Health Care Complaints Commission v Wingate (2007) 70 NSWLR 323 Hornsby Shire Council v Trives (No 3) [2015] NSWLEC 190 Levick v Building Professionals Board [2018] NSWCATOD 125 Lilli v Building Professionals Board [2019] NSWCATOD 119 Lucire v Health Care Complaints Commission [2011] NSWCA 99 Murrant v Building Professionals Board [2019] NSWCATOD 130 Qiu v Building Professionals Board [2013] NSWADT 289 R v Wampfler (1987) 11 NSWLR 541 Tangsilsat v Council of the Law Society of New South Wales [2019] NSWCA 144 Treble v Building Professionals Board [2019] NSWCATOD 34 Category: Principal judgment Parties: Peter Boyce (Applicant) Building Professionals Board (Respondent) Representation: Counsel: J Reid (Applicant) M Fozzard (Respondent) File Number(s): 2019/00145439 Publication restriction: Nil