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Registration: DB-U 37940 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2022

Disciplinary action taken

The practitioner’s registration is immediately suspended under the ground for immediate suspension set out in section 180(a) of the Building Act 1993 because the practitioner is an officer of a body corporate subject to external administration.

The period of immediate suspension is from 13 November 2022 until 31 October 2025, subject to the early revocation of the suspension.

Registration:

BS-U 39024 / Building Surveyor (Unlimited)
BS-L 38913 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 November 2022 (VCAT)

Project site locations:

Balwyn North
Coburg North
Craigieburn
Murrumbeena

On review by VCAT (consent orders) – The VBA’s decision to wholly suspend the practitioner’s registration for 1 month was substituted with a decision to impose a condition on the practitioner’s registration for 12 months from 7 November 2022. The condition prohibits the practitioner from issuing building permits for Class 2 & 3 buildings (Type A construction only). 18 existing building projects were exempted from the condition. The VBA’s decision to reprimand the practitioner and impose monetary penalties of $22,500 remained in place.

Summary of grounds

The practitioner issued building permits and occupancy permits in the absence of demonstrated compliance for the use of combustible cladding at 4 sites between 2015 and 2018. The practitioner contravened his statutory obligations when issuing building permits and occupancy permits. His conduct fell below the standard expected of an RBS acting in a competent manner and to a professional standard, was negligent in the particular matter of the use of combustible materials at 1 site, and constituted unprofessional conduct at 2 of the sites.

Registration: BD‐M 1058 / BD‐M 1058

Disciplinary proceeding: VBA show cause process

Decision date: 24 October 2022

Project site locations:

Nerina
Pascoe Vale

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of x3 mandatory notification stages for demolition works across 2 sites, each constituting contraventions of section 33(1) of the Building Act 1993.

The practitioner received reprimands (3) and penalties totalling $9,000.00. He is also required to complete training course ‘CPCCBC4008 ‐ Supervise site communication and administration processes for building and construction projects’.

Registration: CDB-U 53131 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 October 2022

Project site location: Curlewis

The practitioner was found to have failed to carry out its work as a building practitioner in a competent manner and to a professional standard contrary to regulation 265(a) of the Building Regulations 2018, in that it had failed to call for a re-inspection of framework and had continued to progress the construction of a dwelling substantially beyond the mandatory framework stage inspection without approval and without rectification of framework non-compliances previously identified.

The practitioner received a reprimand and a $4,000.00 penalty.

Registration: BS-U 14142 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 October 2022

Project site locations:

Brunswick West
Kew
Thornbury
Kensington
Ivanhoe

The practitioner issued building permits at 5 sites across a 5-year period in circumstances where he did not have, and did not lodge with the relevant council, sufficient information to show that building work would comply with the fire performance requirements of the BCA.

The practitioner denied there was any deficiency in the exercise of his statutory obligations as RBS or any deficiency in his application and understanding of the BCA at the relevant time. The practitioner did not provide information to show that he had adopted measures to avoid similar issues arising in future. In the circumstances, a restriction on the practitioner’s registration was necessary to signal to him and to the profession generally that a failure to properly assess building permit applications to ensure that sufficient information is included and lodged represents a serious risk to the effective operation of the regulatory regime.

The proper exercise by the RBS of their statutory functions in respect of compliance with fire performance requirements is critical to producing a safe built environment and a failure to exercise those functions diligently must be met with strong disciplinary action. In addition, the practitioner is subject to a direction to arrange for a comprehensive independent audit at his own expense. But for the direction to pay for the independent audit (which is likely to involve significant professional fees), monetary penalties equivalent to 220 penalty units (about $40,000) would have been appropriate.

Section/regulation: s 24(1)(a) of the Act and r 1502(a) of the Regulations.

Disciplinary action taken

5 reprimands
Condition to prohibit new appointments for Class 2-9 buildings for a period of 3 months or until independent audit complete (whichever occurs earlier)
Direction to engage an independent auditor to audit 10% sample of approvals in the last 12 months in accordance with the rules, policies and procedures of the AIBS Professional Audit Program

Registration:

DB-U 29658 / Domestic Builder (Unlimited)
CB-L 32199 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 October 2022

Project site location: Gladstone Park

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $1,000.00.

Registration: CB-L 32832 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 September 2022

Project site location: Kensington

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of two mandatory notification stages, constituting contraventions of section 33(1) of the Building Act 1993.

The practitioner received reprimands (2) and penalties of $3,000.00.

Registration: CDB-U 63705 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 September 2022

Project site location: Noble Park

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, constituting a contravention of section 33(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $2,000.00.

Registration: CDB‐U 65514 / CDB‐U 65514

Disciplinary proceeding: VBA show cause process

Decision date: 27 September 2022

Project site location: Epping

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, constituting a contravention of section 33(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $2,000.00.

Registration:

CCB-U 57436 / Commercial Builder (Unlimited)
CDB-U 57435 / Domestic Builder (Unlimited)
CBD-L 57437 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 27 September 2022

Project site location: Werribee

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, in contravention of section 33(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $2,000.00.

Registration:

DB-U 34074 / Domestic Builder (Unlimited)
CB-U 37752 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 September 2022

Project site location: Belmont

The practitioner was found to have failed to comply with a written direction to fix, constituting a breach of s.37H(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $4,000.00.

Registration: DB-U 43468 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 September 2022

Project site location: Camberwell

The practitioner contravened section 16(2) of the Building Act 1993 in that on or before 29 May 2019 he carried out building work that was not in accordance with the issued building permit and approved plans in that he failed to construct a retaining wall and associated protection work measures, and he constructed a boundary wall in excess of the maximum permissible wall height.

The practitioner received a reprimand and a penalty of $1,000 was imposed.

Registration:

BD‐M 1027 / BD‐M 1027
DB‐U 4854 / DB‐U 4854

Disciplinary proceeding: VBA show cause process

Decision date: 13 September 2022

Project site locations:

Reservoir
Preston
Watsonia North

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of x5 mandatory notification stages for demolition works across 3 sites, each constituting contraventions of section 33(1) of the Building Act 1993.

The practitioner received reprimands (5) and penalties totalling $9,500.00. He is also required to complete training course ‘CPCCBC4008 ‐ Supervise site communication and administration processes for building and construction projects’.

Registration: CDB-U 61757 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 September 2022

Project site location: Truganina

A Breach of Dispute Resolution Order Notice issued to the practitioner was referred to the Authority by Domestic Building Dispute Resolution Victoria (DBDRV), constituting a ground for disciplinary action under section 179(1)(db) of the Building Act 1993 (Vic.)(the Building Act)

The Authority imposed a reprimand and a partial suspension of the practitioner’s registration for 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), suspending all functions the Company is authorised to perform by its registration other than:

building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act 1995 (Vic.); and
building work required to comply with a building order or direction to fix building work given under the Building Act.

Registration: BS-U 16541 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 September 2022

Project site location: Southbank, Melbourne

The practitioner issued building permits and occupancy permits in the absence of demonstrated compliance, performed work other than in a competent manner and to a professional standard, and engaged in unprofessional conduct in relation to the use of combustible cladding as part of, or attached to, external walls at 2 sites between 2009 and 2014. The practitioner also issued occupancy permits where non-specified, non-compliant combustible cladding was installed, in respect of 1 site in 2017.

The practitioner received reprimands and total penalties of $27,738 (150 penalty units).

Registration:

DB-U 17982 / Domestic Builder (Unlimited)
CB-L 18127 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 September 2022

Project site location: Bendigo

During construction of a residential apartment building in 2012, the practitioner installed a different external cladding material to the material specified in the building permit issued plans and specifications. The practitioner was contractually obliged to install the different material at the direction of the project architect. In the circumstances, it was reasonable for the practitioner to conclude that the architect had informed the RBS about the change of materials. However, the practitioner did not obtain written confirmation that the RBS had considered and approved the change to materials (without the need for a further building permit). Given the practitioner retains the primary statutory obligation to carry out building work in accordance with the building permit as issued, the failure to obtain written confirmation from the RBS falls below the standard for a registered builder performing work in a competent manner and to a professional standard.

The practitioner received a penalty of $2,773 (15 penalty units).

Registration: BD-M 15973 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 2 September 2022

Project site location: Ocean Grove

The Practitioner was found to have contravened regulation 265(a) of the building regulations by failing to carry out his work as a building practitioner in a competent manner, in that he failed to ensure the relevant building surveyor had been notified of the mandatory ‘Completion of safety precautions prior to demolition’ notification stage and failed to ensure those safety precautions were inspected and approved by the relevant building surveyor before carrying out demolition works.

The practitioner received a reprimand and a penalty of $3,000.00.

Registration: CDB-U 52836 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 August 2022

Project site location: Glenalbyn

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of three mandatory notification stages, each constituting breaches of section 33(1) of the Building Act 1993.

The practitioner received reprimands (3) and penalties of $4,000.00.

Outcome date: 22 August 2022

Prosecuted for:

Mr Yang entered a guilty plea to one charge under s 16 of the Act in relation to carrying out building work without a building permit in relation to that work being in force. The conduct related to the construction of a deck at a commercial premises.

Jurisdiction: Melbourne Magistrate's Court
Site Suburbs: Hawthorne

Outcome

The Court dealt with the matter by ordering Yang pay a fine of $1,500 and convicting him.

Registration: CDB-U 52440 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 August 2022

Project site location: Malvern

The practitioner contravened section 16(1) of the Building Act 1993 in that it carried out building work at the site, namely the construction of timber and structural steel frames and the partial installation of a fire rated wall system, without a building permit in relation to the work having been issued and in force.

The practitioner received a reprimand and a penalty of $5,000 was imposed. The Authority also directed the practitioner to complete the training unit ‘CPCCBC4026 – Arrange building application and approvals.’

Registration / Licence: 46339

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 10 August 2022

Work carried out: Clayton South

Disciplinary action taken

It was alleged and substantiated that the practitioner had allowed an employee to carry out plumbing work on his behalf, which comprised the installation of gas heaters and flues. The work was defective and unsafe, and Mr Jakupi made misstatements of fact in two compliance certificates he signed in relation to the work.

Fined: $4,353

Costs: $1,607

Publication order granted.

Registration: CDB-U 61210) / Domestic Builder (Unlimited))

Disciplinary proceeding: VBA show cause process

Decision date: 9 August 2022

Disciplinary action was taken under the ground that a DBDRV BODRON (breach of dispute resolution order notice given by the chief dispute resolution officer of Domestic Building Dispute Resolution Victoria) had been given to the practitioner—see section 179(1)(db) of the Building Act 1993. (This means that the practitioner had failed to comply with a dispute resolution order made under the Domestic Building Contracts Act 1995.)

The disciplinary action taken is:

(a)to reprimand the practitioner under section 178(a) of the Building Act; and

(b)to suspend the registration under section 178(d) of the Building Act as a partial suspension, as follows—

(i)the suspension will commence 7 days after this notice is given;
(ii)the suspension applies to all functions the practitioner is authorised to perform by the registration other than—

(A)the undertaking of building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act; or

(B)the undertaking of building work required to comply with a building order or direction to fix building work given under the Building Act; and

(c)the suspension is to be until the earlier of—

(i)3 years from the date of commencement; or
(ii)the day DBDRV gives the Authority notice in writing of the cancellation of the breach of dispute resolution order notice for the purposes of section 49V(4) of the Domestic Building Contracts Act.

Registration: BS-U 1076 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 August 2022

Project site locations:

Kew
Melbourne

Disciplinary action was taken in respect of 13 grounds to:

to reprimand the practitioner (three times)
to impose penalties totalling 110 penalty units ($20,341.20).

Subject to VCAT Review

Summary of grounds

In the period 2011 to 2017, the practitioner:

contravened sections 24(1)(a) and 44(a) of the Building Act 1993, failed to perform work in a competent manner and to a professional standard and engaged in unprofessional conduct in issuing building permits and occupancy permits for two sites
contravened section 44(a) of the Building Act 1993, failed to perform work in a competent manner and to a professional standard and engaged in unprofessional conduct in issuing the occupancy permit for one site.

The building permits allowed the use of combustible cladding on external walls.

Registration:

BD-L 37278 / Demolisher (Low rise)
DB-U 63545 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 August 2022

Project site location: Mont Albert

The practitioner contravened section 16(1) of the Building Act 1993 by carrying out building work, namely the demolition of a garage, prior to the issue of a building permit.

The practitioner received a reprimand and a penalty of $2,000 was imposed.

Registration / Licence: 110707

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 8 August 2022

Work carried out: Epsom

Disciplinary action taken

It was alleged and substantiated that the practitioner had breached a requirement of the Building Act 1993 (Act), namely section 221D of the Act by carrying out plumbing work in the prescribed classes of gas-fitting work and mechanical services whilst not being licensed or registered in those classes of plumbing.

Fined: $1,983 (12 PU)

Costs: $1,830

Publication order granted.

Registration:

Builder Commercial Unlimited (CB-U 57999) / Builder Commercial Unlimited (Commercial Builder (Unlimited))
Builder Commercial Limited (Medium rise) (CB-L 30394) / Builder Commercial Limited (Medium rise) (Commercial Builder (Limited))
Domestic Builder Unlimited (DB-U 29802) / Domestic Builder Unlimited (Domestic Builder (Unlimited))

Disciplinary proceeding: VBA show cause process

Decision date: 5 August 2022 (Determined by VCAT on appeal)

Project site location: Clayton

The disciplinary action taken in respect of the substantiated grounds was:

to reprimand the practitioner on each of 4 grounds;
to require the practitioner to complete an accredited education course in the subject of ‘identifying and applying legal and ethical requirements including compliance with building permits’ (or similar) as approved by the Victorian Building Authority (to be completed within 18 months); and
to require, for the next 12 months, the practitioner to personally attend to the satisfaction of the Victorian Building Authority on site at all mandatory inspections listed on the building permit for all of the building projects conducted by Shangri-La Construction Pty Ltd or any other business where the practitioner is the responsible practitioner.
to impose total penalties of $25,000.

Summary of grounds

The grounds for disciplinary action related to a complex of 81 sole occupancy units constructed by the practitioner. The basis of the grounds was the substitution of combustible or non-fire rated building materials for those approved for use under the building permit.

The practitioner contravened section 16(1) of the Building Act 1993 by:

installing expanded polystyrene cladding as the external cladding when that material was not specified in the permit;
not carrying out the building work for the installation of internal wall and ceiling plaster in accordance with the permit drawings.

The practitioner was negligent in contravening section 16(1) of the Building Act 1993 in relation to those matters.

The practitioner engaged in unprofessional conduct in using expanded polystyrene cladding on the project.

Registration / Licence: 105767

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 July 2022

Work carried out: Avondale Heights

Disciplinary action taken

It was alleged and substantiated that the practitioner had carried out plumbing work (installing a 15 metre section of pipework, and disconnecting and re-connecting a gas hot water service) when not licensed to do so, and carried out work which did not comply with the Plumbing Regulations.

The delegate decided to cancel the practitioner’s licence and registrations, and disqualify him from re-applying for a period of three years from 14 days of the date of the order.

Costs: $3,266

Publication order granted.

Registration: BS-U 1566 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 July 2022

Project site locations:

Berwick
Moorabbin

The disciplinary action taken in respect of the [5] grounds was:

to impose penalties totalling $16,643

Summary of grounds

The practitioner issued building permits for two hospital buildings which used combustible cladding on external walls without being properly satisfied that the works would comply with fire safety requirements.

For one site, he was found to have contravened section 24(1)(a) and 44(a) of the Act. This also constituted a failure to perform work as a building practitioner in a competent manner and to a professional standard, and unprofessional conduct.

For the other site, he was found to have contravened section 24(1)(a) of the Act. This also constituted a failure to perform work as a building practitioner in a competent manner and to a professional standard.

Registration: DB-U 47148 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 July 2022

Project site locations:

Broadford
Braybrook
Moonee Ponds
Preston
Thornbury

Broadford site

The practitioner failed to notify the RBS of a mandatory stage of inspection as required by section 33(1) of the Act and the building permit.

The following disciplinary action was imposed:

reprimand
monetary penalty of $2500.00

Moonee Ponds site

The practitioner failed on two occasions to notify the RBS of a mandatory stages of as required by section 33(1) of the Act and the building permit.

The following disciplinary action was imposed:

reprimand
monetary penalty of $4000.00

Thornbury site

The practitioner failed to comply with a written direction to fix within the specified time period under section 37H(1) of the Act.

The following disciplinary action was imposed:

reprimand
monetary penalty of $2500.00

Braybrook site

The practitioner failed to comply with a written direction to fix within the specified time period under section 37H(1) of the Act.

The following disciplinary action was imposed:

reprimand
monetary penalty of $2000.00

Preston site

The practitioner failed to comply with a written direction to fix within the specified time period under section 37H(1) of the Act.

The following disciplinary action was imposed:

reprimand
monetary penalty of $4000.00

Registration: BS-U 1092 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 July 2022

Project site location: Windsor

Practitioner was found to have failed to carry out his work in a competent manner and to a professional standard related to, and following, the issuance of a building permit and/or an amended building permit for building work at a site in Windsor (regulation 265(a)/1502(a)).

The practitioner was directed to undertake training over 12 months and had a penalty of $5,000 imposed.

Registration: BS-U 14142 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 July 2022 (This matter is subject to VCAT Review)

Project site location: Niddrie

The disciplinary action taken was:

to reprimand the practitioner (five times)
to impose penalties totalling $25,000
to impose a condition on the practitioner’s building surveyor (unlimited) registration prohibiting the acceptance of new appointments as relevant building surveyor/designated building surveyor for 2 months
to direct the practitioner to successfully complete the training courses ‘CPCCBS6108 Process building applications for Class 1 and 10 buildings to three storeys’ and ‘CPCCBS6114 Conduct and report on advanced and final inspections of Class 1 and 10 buildings to three storeys’.

Summary of grounds

In relation to his work on a townhouse development at the site between 2014 and 2015, the practitioner was disciplined on six grounds for contraventions of sections 24(1)(a), 24(1)(b) and 24(1)(d) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006, and engaging in conduct in relation to his practice as a building practitioner that was constituted by a pattern of incompetence. This matter is subject to VCAT Review

Registration: BS-U 20459 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 July 2022

Project site locations:

Preston West
Diamond Creek
Dandenong
Reservoir
Mickleham
Woolert

The practitioner contravened section 24(1)(a) and section 44 of the Act in relation to two sites, and failed to perform work as an RBS in a competent manner and to a professional standard, and/or engaged in unprofessional conduct in relation to 8 sites. The contraventions included (but were not limited to) failures to ensure that building permit documentation demonstrated compliance with the BCA and a failure to take appropriate steps as RBS to prevent the continuation of building work without a valid building permit. The practitioner’s conduct represented a significant compliance risk and he has an extensive disciplinary history. The practitioner’s response did not provide any assurance that he has made changes to his practice such that the community might be confident he fully understands his statutory responsibilities as an RBS and has the requisite level of knowledge and skill to practise as a building surveyor in an unlimited capacity.

Disciplinary action taken

Cancellation of BS-U registration, disqualification from being registered as a building surveyor in any class for 3 years or until successful completion of Graduate Diploma or Masters in Building Surveying from Western Sydney University, reprimands, and penalties totalling 90 penalty units (but capped at $5000, having regard to the financial impact of cancellation).

This decision is subject to VCAT review.

Registration: CDB-U 51820) / Domestic Builder (Unlimited))

Disciplinary proceeding: VBA show cause process

Decision date: 21 July 2022

Project site location: Glen Iris

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of two mandatory notification stages, each constituting breaches of s.33(1) of the Building Act 1993.

The practitioner received reprimands (2) and penalties of $3,000.00.

Registration: BS-U 16908 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 19 July 2022

Project site locations:

Windsor
Heidelberg

The practitioner issued building permits and an occupancy permit in the absence of demonstrated compliance, performing work other than in a competent manner and to a professional standard, in relation to the use of combustible cladding at 2 sites between 2013 and 2015.

A condition was imposed on the practitioner’s registration for 2 months to prohibit accepting new appointments or issuing building permits (except for existing projects). The practitioner also received reprimands and total penalties of $18,492 (100 penalty units).

This decision is subject to VCAT review.

Registration / Licence: 47467

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 19 July 2022

Work carried out: Deepdene

Disciplinary action taken

It was alleged and substantiated that the practitioner had supervised the carrying out of drainage work that was defective, leading to three rectification notices being issued by a VBA plumbing auditor. Mr Hayward did not comply with the rectification notices.

Fined: $1322

Costs: $1,639

Publication order granted.

Registration: DB-U 2010 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 July 2022

Project site location: Ashburton

Practitioner failed to provide compliance certificates (plumbing) x 4 to the owner of a site in Ashburton within the 5 days stipulated in the Act (breach of section 221ZLA(2))

The practitioner was reprimanded and directed to undertake specific training (contract and legal obligations)

Registration:

DB-U 9047 / Domestic Builder (Unlimited)
CB-U 2730 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 July 2022

Project site location: Ripponlea

The practitioner failed to carry out building work in accordance with the building permit when combustible cladding not authorised by the building permit was installed on a residential apartment building in May 2016. The practitioner’s failure to carry out the building work in accordance with the building permit also constituted a failure to perform work as a registered building practitioner in a competent manner and to a professional standard and unprofessional conduct.

The following disciplinary action was imposed:

reprimand
monetary penalty of 50 penalty units
required training in supervising site communication and administration processes.

Registration:

CBD-L 53662 / Demolisher (Low rise)
CBD-M 6756 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 5 July 2022

Project site location: Richmond

The disciplinary action taken in respect of the two grounds was:

to reprimand the practitioner in respect of each ground
to impose penalties totalling $10,000
to partially suspend the practitioner’s registration in the classes of demolisher (low rise) and demolisher (medium rise) for 1 month, so as to allow only:
- building work pursuant to building permits already issued and in force as at the date the suspension commences
- building work ordered to be carried out by a building order or direction to fix
- building work required to be carried out by a dispute resolution order or a VCAT order

to direct the practitioner to cause its nominee director to successfully complete the training course Supervise operational activities on demolition sites (CPCCDE4003)

Summary of grounds

The practitioner began demolition of a warehouse without notifying the relevant building surveyor of completion of precautions for protection of the public. The precautions it did put in place did not fully comply with the measures approved by the RBS which were also the subject of the relevant council’s report and consent.

Ground One: Failure to notify the relevant building surveyor of completion of precautions required to be taken under regulation 116, in contravention of section 33(1) of the Building Act

Ground Two: Failure to ensure that building work was carried out in accordance with the Building Act, the building regulations and the building permit, in contravention of section 16(4A).

Outcome date: 30 June 2022

Prosecuted for:

Ibrahim entered a plea of guilty to a breach of s 176(2A) of the Building Act one charge of carrying out domestic building work under a major domestic building contract when not registered in any class or category.

Site Suburbs: Pascoe Vale
Jurisdiction: Sunshine Magistrate's Court

Outcome

The court dealt with the matter without ordering a conviction, and ordering Ibrahim pay a $500 fine and $300 prosecution costs.

Registration / Licence: 37501

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 June 2022

Work carried out: Niddrie

Disciplinary action taken

It was alleged and substantiated that the practitioner had signed a compliance certificate with a misstatement of fact and altered/installed a sanitary drain but failed to provide City West Water with a plan of the drain.

Fined: $967

Costs: $1,757

Publication order granted.

Registration: CDB-U 57531 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2022

Project site location: Rye

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, constituting a breach of s.33(1) of the Building Act 1993.

The practitioner received a reprimand and a $3,000.00 penalty.

Registration:

DB-U 14304 / Domestic Builder (Unlimited)
CB-L 21515 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 June 2022

Project site location: South Yarra

The builder contravened section 16 of the Act when he carried out building work comprising the substitution of a different external cladding material for the material specified in the building permit as issued. It was accepted the practitioner was contractually obliged to use the selected substitute material in accordance with the direction of the architect acting as superintendent for the construction. However, in the absence of information to show that the builder knew the architect had notified the relevant building surveyor about the substitution of materials for the external walls, the builder’s conduct fell below the standard expected of a registered builder acting in a competent manner and to a professional standard. Based on the builder’s genuine belief he could rely on the architect, no suspension was necessary and the penalty was reduced. Based on the submissions made, it was not considered appropriate to include a reprimand in the particular circumstances of this matter.

The practitioner received a penalty of 35 penalty units.

Registration: CBD-M 57294 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 24 June 2022

Project site location: Bendigo

The practitioner was found to have failed to notify the relevant building surveyor without delay (or at all) of the completion of both mandatory notification stages requiring inspection for a demolition works project, being the ‘Precautions (Prior to Commencing Demolition) and ‘Final’ stages, each constituting a breach of section 33(1) of the Building Act 1993.

The practitioner received reprimands (2) and penalties of $7,500.00.

Registration: BS-U 1501 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2022 (VCAT)

Project site location: Point Cook

On review by VCAT (consent orders) – The monetary penalty imposed by the VBA’s decision was reduced from $8,261 to $4,000. The practitioner issued building permits in the absence of demonstrated compliance with fire safety performance requirements in relation to the use of combustible cladding on Class 1 buildings. The practitioner contravened his statutory obligation when issuing building permits and performed work below the standard expected of an RBS acting in a competent manner and to a professional standard.

Registration: BS-U 1441 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2022 (VCAT)

On review by VCAT (consent orders) — The practitioner’s registration in the class of building surveyor, unlimited (BS-U 1411) is subject to a condition for the period from 8 July 2022 to 30 November 2022 (inclusive) that he must not exercise any of his powers, functions or duties as a building surveyor under the Building Act 1993 in respect of Class 2 buildings, Class 3 buildings or Class 9 buildings (including each sub-class), with the exception of any appointment made before 8 July 2022 and any building of Type C construction. Further, the practitioner is to pay a penalty of $14,539 and is reprimanded.

Registration: BS-U 16908 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2022 (VCAT)

Project site location: Point Cook

On review by VCAT (consent orders) – The monetary penalty imposed by the VBA’s decision was reduced from $8,261 to $4,000. The practitioner issued building permits in the absence of demonstrated compliance with fire safety performance requirements in relation to the use of combustible cladding on Class 1 buildings. The practitioner contravened his statutory obligation when issuing building permits and performed work below the standard expected of an RBS acting in a competent manner and to a professional standard.

Registration / Licence: 50239

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 June 2022

Work carried out: Reservoir

Disciplinary action taken

It was alleged and substantiated that the practitioner had provided various false information on compliance certificates; allowed another person to perform and supervise work on his behalf, who was not licensed or registered by the Authority to carry out that work; and signed a compliance certificate which contained a misstatement of fact.

Fined: $2,313

Costs: $1,747

Publication order granted.

Registration / Licence: 50239

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 June 2022

Work carried out: Bacchus Marsh

Disciplinary action taken

It was alleged and substantiated that the practitioner had allowed another person to perform work on his behalf, who was not licensed or registered by the Authority to carry out that work and signed a certificate which contained a misstatement of fact.

Fined: $2,313

Costs: $1,343

Publication order granted.

Registration: BS-U 15181 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2022 (VCAT)

Project site location: Point Cook

On review by VCAT (consent orders) – The monetary penalty imposed by the VBA’s decision was reduced from $8,261 to $4,000. The practitioner issued building permits in the absence of demonstrated compliance with fire safety performance requirements in relation to the use of combustible cladding on Class 1 buildings. The practitioner contravened his statutory obligation when issuing building permits and performed work below the standard expected of an RBS acting in a competent manner and to a professional standard.

Registration: CDB-U 50181 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2022

Project site location: Portsea

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, namely bored piers prior to pouring concrete, constituting a breach of s.33(1) of the Building Act 1993.

The practitioner received a reprimand and a $4,000.00 penalty.

Registration / Licence: 42675

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 22 June 2022

Work carried out: Doncaster

Disciplinary action taken

It was alleged and substantiated that the practitioner had permitted another person to carry out defective roof plumbing work on his behalf; lodged a compliance certificate which contained a misstatement of fact and failed to comply with a rectification notice.

Fined: $1,356

Costs: $1,694

Publication order granted.

Registration: CDB-U 50939 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2022

Project site location: Carlton

The practitioner contravened section 16(1) of the Building Act 1993 in that the company undertook building work at the site, namely the partial demolition of an existing dwelling, without a building permit in relation to the work having been issued and in force.

The practitioner received a reprimand and a penalty of $8,000 was imposed. The Authority also directed the practitioner to complete the training unit ‘CPCCBC4026 – Arrange building application and approvals.’

Registration / Licence: 49375

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 June 2022

Work carried out: Epping

Disciplinary action taken

It was alleged and substantiated that the practitioner had carried out plumbing works in a class in which he was not licensed by the Authority and carried out work that did not comply with plumbing legislation.

Fined: $3,887

Costs: $1,674

Required to undertake gas registration course CPCPGS3049A Install Type A appliance flues, within 12 months or his registration will be cancelled.

Publication order granted.

Outcome date: 21 June 2022

Prosecuted for:

Goldsworthy entered pleas of guilty to breaches against s 176(2A) of the Building Act 1993 and ss 11(1), 29(a) and 31(1) of the Domestic Building Contracts Act 1995. Relating to contracting for and carrying out building work when not registered to do so.

Mr Goldsworthy was convicted of the offences and fined $1,500.

Outcome

Registration:

CDB-U 50167 / Domestic Builder (Unlimited)
CCB-L 53420 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 June 2022

Project site location: Lucas

The practitioner was found to have failed to notify the relevant building surveyor without delay of the completion of a mandatory notification stage, constituting a breach of s.33(1) of the Building Act 1993.

The practitioner received a reprimand and a $2000.00 penalty.

Registration:

CB-U 3568 / Commercial Builder (Unlimited)
DB-U 71240 / Domestic Builder (Unlimited)
DB-M 1041 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 20 June 2022

Project site location: Doncaster East

The practitioner contravened section 16(1) of the Building Act 1993 in that he carried out excavation building works at the site, without a building permit in relation to the work having been issued and in force.

The practitioner contravened then Regulation 1502(a) of the Building Interim Regulations 2017 by carrying out building work at the site that was not in accordance with the approved building permit design, and which created a danger to an adjoining property and its occupants, which was only addressed following the MBS’ intervention via enforcement action.

The practitioner received 2 reprimands and 2 x 4-month partial suspensions (to operate concurrently) of all registrations.

Registration: CDB-U 49041 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 June 2022

Project site location: Airport West

A Breach of Dispute Resolution Order Notice issued to the practitioner was referred to the Authority by Domestic Building Dispute Resolution Victoria (DBDRV), constituting a ground for disciplinary action under section 179(1)(db) of the Building Act 1993.

The Authority imposed a reprimand and a partial suspension of the practitioner’s registration for 3 years (or until such time as DBDRV notified the Authority that the subject Breach of Dispute Resolution Order Notice was cancelled, if that occurred sooner).

On 20 June 2022 the Authority then received notice of the cancellation of Dispute Resolution Order Notice from the DBDRV, as a result of which, the ground for disciplinary action ceased to exist and the partial suspension was lifted.

Registration / Licence: 30027

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 17 June 2022

Work carried out: Hillside

Disciplinary action taken

It was alleged and substantiated that the practitioner had not lodged compliance certificates within the required period; made two misstatements of facts on a compliance certificate; permitted another person to carry out defective work on his behalf; failed to produce a compliance certificate when he was required to do so and carried out drainage work without advising the Authority that the work was ready for inspection.

The practitioner was reprimanded.

Fined: $3,721

Costs: $1,725

Publication order granted.

Registration: BS-U 1585 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2022

Project site locations:

Melbourne
Malvern
Camberwell

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at three sites between 2013 and 2016.

The practitioner received reprimands and monetary penalties of $9,995.70.

Registration: BS-U 1501 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2022 (Subject to VCAT review)

Project site locations:

Dandenong
Essendon
Brunswick East
Hawthorn
Kew

The disciplinary action taken in respect of the 30 grounds was:

to reprimand the practitioner (six times)
to impose penalties totalling $48,161.10
to partially suspend the practitioner’s registration to prohibit new appointments as RBS for an effective period of 34 weeks

Summary of grounds

The practitioner contravened sections 24(1)(a) and 44(a) of the Building Act 1993, failed to perform work in a competent manner and to a professional standard and engaged in unprofessional conduct in issuing building permits and occupancy permits for six sites between 2008 and 2015. Among other things, the building permits allowed the use of combustible cladding on external walls and/or did not adequately address fire resistance requirements. Subject to VCAT Review.

Registration: DB-U 24171 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2022

Project site location: Coburg

On review by VCAT (consent orders) – The original decision of the VBA made on 2 December 2021 was ordered to remain in place. The practitioner contravened section 16 (1) (a) of the Act and Regulation 1502(a) of the Regulations when building work involving the use of combustible cladding in external walls was carried out not in accordance with the Building Act, the building regulations and the building permit which nominated him as the builder.

The practitioner received the following disciplinary action.

2 x reprimands
30 Penalty units ($5,452.20)

Registration: BS-U 1585 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 June 2022

Project site locations:

North Fitzroy
South Yarra

The disciplinary action taken in respect of the 7 grounds was:

to reprimand the practitioner (two times)
to impose penalties totalling 100 penalty units ($18,492) (this decision is subject to VCAT review)

Summary of grounds

The practitioner contravened sections 24(1)(a) of the Building Act 1993 and failed to perform work in a competent manner and to a professional standard in issuing building permits for the North Fitzroy site between 2016 to 2018. The building permits allowed the use of combustible cladding on external walls, and did not adequately address separation of vertical openings and fire resistance requirements.

The practitioner contravened sections 24(1)(a) and 44(a) of the Building Act 1993, failed to perform work in a competent manner and to a professional standard and engaged in unprofessional conduct in issuing building permits and occupancy permit for the South Yarra site between 2013 to 2015. The building permits allowed the use of combustible cladding on external walls and did not adequately address fire resistance requirements.

Registration / Licence: 52841

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2022

Work carried out: Burnside Heights

Disciplinary action taken

It was alleged and substantiated that the practitioner had carried out plumbing work in a prescribed class of work for which he was neither licensed nor registered to perform; and carried out a gas installation that did not comply with the prescribed standards and requirements.

Fined: $2,726 (15 PU)

Costs: $1,688

Publication order granted.

Registration: IN-L 60107 / Building Inspector (Limited)

Decision date: 10 June 2022

The practitioner’s registration has been suspended because the practitioner has ceased to be covered by the required insurance.

This suspension will be lifted upon the practitioner advising the Authority that he is again covered by the required insurance.

Registration: BS-U 1055 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2022

Project site locations:

Ashwood
Essendon West

Grounds 1 to 3 (Ashwood):

a reprimand
a condition on registration to prohibit for a period of 1 month from issuing building permits for buildings with a rise in storeys of 4 or more in relation to new appointments accepted under Part 6 of the Building Act 1993 after 31 March 2022.
a penalty of 40 penalty units

Grounds 4 to 8 (Essendon West 2015 project):

a reprimand
a condition on registration to prohibit for a period of 1 month (cumulative with period for Grounds 1 to 3) from issuing building permits for buildings with a rise in storeys of 4 or more in relation to new appointments accepted under Part 6 of the Building Act 1993 after 31 March 2022.
a penalty of 50 penalty units

Grounds 9 to 13 (Essendon West 2012 project):

a reprimand
a condition on registration to prohibit for a period of 1 month (cumulative with periods for Grounds 1 to 8) from issuing building permits for buildings with a rise in storeys of 4 or more in relation to new appointments accepted under Part 6 of the Building Act 1993 after 31 March 2022.
a penalty of 50 penalty units

Summary of grounds

The practitioner was disciplined on 13 grounds relating to 3 projects at 2 sites. The 3 grounds - contraventions of sections 44(a) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006, and conduct that was “unprofessional conduct” - for the Ashwood site related to the practitioner not detecting during the final inspection in 2013 that combustible cladding that had been substituted for non-combustible cladding.

There were 5 grounds - contraventions of sections 24(1)(a) and 44(a) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006, and conduct that was “unprofessional conduct” – for each of the two projects at the Essendon West site that related to the practitioner’s approval of combustible cladding/external walls in 2012 and 2015.

Registration:

BS-U 39024 / Building Surveyor (Unlimited)
BS-L 38913 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 June 2022 (Decision subject to VCAT Review)

Project site locations:

Footscray
Sunshine
Laverton
Kinglake West

The practitioner contravened section 24 of the Building Act 1993, by issuing building permits where the practitioner was not satisfied that the building work at the four sites would comply with the Building Code of Australia. There were other grounds related to the four sites.

Decision subject to VCAT Review.

Disciplinary action taken

The disciplinary action taken in respect of the 13 substantiated grounds was:

to reprimand the practitioner (7 times)
to impose penalties in various amounts capped at $30,000
to require the practitioner to successfully complete four courses of training
to impose conditions on the practitioner’s building surveyor registrations prohibiting new appointments as RBS for a total effective period of 4 months
to impose a condition (ongoing) on the practitioner’s building surveyor registrations limiting the number of new appointments as RBS to 50 per calendar month

Summary of grounds

The practitioner was the relevant building surveyor for four projects.

4 grounds—The practitioner contravened section 24(1)(a) of the Building Act 1993 by issuing building permits in circumstances where he could not have been satisfied that the building work and the building permit would comply with the Act and the regulations.

5 grounds—The practitioner contravened section 44(b) by issuing occupancy permits without seeing a compliance certificate for all plumbing work for which a certificate was required under section 221ZH.

3 grounds—The practitioner failed to perform his work as a building practitioner in a competent manner and to a professional standard.

1 ground—The practitioner engaged in conduct in relation to his practice as a building surveyor that was constituted by a pattern of incompetence.

Registration / Licence: 10324

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 3 June 2022

Work carried out: Truganina

It was alleged and substantiated that the practitioner had directed another practitioner to carry out prescribed roofing (stormwater) work when the other practitioner was neither licensed or registered by the Authority to carry out the work.

Reprimanded.
Fined: $0.00
Costs: $1670.00; and
Publication Order granted.

Registration: CB-L 62285 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 2 June 2022

Project site location: Belgrave South

The practitioner contravened s.33(1) of the Act in that he failed to call for each mandatory inspection required by the building permit issued for building work comprised of alterations to an existing building, construction of retaining walls and a front fence.

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration / Licence: 102347

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 2 June 2022

Work carried out: Wheelers Hill

Disciplinary action taken

It was alleged and substantiated that the practitioner had carried out regulated plumbing work in the classes of mechanical services, gas fitting and water supply work, when he was not licensed or registered by the Authority to carry out work in those classes.

Fined: $2,363 (13 PU)

Costs: $1,648

Publication order granted.

Registration: CDB-U 50016 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 June 2022

Project site location: Brunswick West

The disciplinary action taken was:

to reprimand the practitioner
to impose a penalty of $2,000.

Summary of grounds

Ground One – The practitioner contravened section 37H(1) of the Building Act 1993 by failing to comply within the specified period with a written direction to fix.

Registration: CDB-U 63915 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 May 2022

Project site location: Taylors Hill

The practitioner was found to have contravened section 37H(1) of the Building Act 1993 (the Building Act), in that it failed to comply with written direction to fix within required timeframe for compliance, or at all.

The practitioner was also found to have contravened section 37(H)(2) of the Building Act, in that it requested payment from the site owners for the costs of building work required to be carried out by it under a written direction to fix.

The practitioner was additionally found to have failed to carry out its work as a building practitioner in a competent manner and to a professional standard contrary to regulation 265(a) of the Building Regulations 2018, by having failed to carry out building work in a proper and workmanlike manner.

The practitioner received reprimands (3), penalties of $17,500.00 in total and a partial suspension of registration for 3 years (or until the written direction fix is complied with, if that is sooner).

Outcome date: 30 May 2022

Prosecuted for:

Mr Moussa entered a plea of guilty to breaches against s16(1), s169A and s169F(1) of the Building Act 1993 (Vic) for carrying out re-blocking and under-pinning work without a building permit, representing himself as a person who was able to carry out domestic building work under a major domestic building contract and carrying out that work when not registered as a building practitioner.

Site Suburb: Mannibadar
Jurisdiction: Broadmeadows Magistrate's Court

Outcome

The court dealt with the matter by ordering Mr Moussa to pay a $7,500 fine without conviction.

Registration:

DB-U 32469 / Domestic Builder (Unlimited)
CB-L 70323) / Commercial Builder (Limited))

Disciplinary proceeding: VBA show cause process

Decision date: 27 May 2022

Project site location: Dandenong

The practitioner carried out building work comprising the installation of combustible cladding not authorised by the building permit in force. In the absence of any record to support the practitioner’s submission that the substitution of external cladding materials was approved by the relevant building surveyor, the VBA maintained there was a contravention of section 16 of the Act and regulation 1502(a) of the Building Interim Regulations 2017.

The practitioner received a monetary penalty of 35 penalty units (being $6,360 as at the date of the Notice of Decision).

Registration: DB-U 8148 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 May 2022

Project site location: Malvern East

The disciplinary action taken in respect of the two grounds was:

to reprimand the practitioner in respect of each ground
to impose penalties totalling $8,000
to direct the practitioner to notify the VBA of the outcome of a VCAT proceeding relating to an application to amend the planning permit for the building work at the site.

Summary of grounds

Grounds One and Two: The practitioner contravened section 37H(1) of the Building Act 1993 by failing to comply within the specified period with two written directions to fix.

Registration: DB-U 47311 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 May 2022

Project site location: Seaford

A reprimand for each of Grounds One and Two.
A direction that the practitioner undertakes the training unit CPCCBC4009 Apply legal requirements to building and construction projects (or its equivalent if superseded), through the Master Builders Association of Victoria or Housing Industry Association by 31 December 2022 (Ground One).
A Penalty of $4,000 (Ground Two)

Summary of grounds

Ground One – The practitioner contravened section 37H(1) of the Building Act by failing to comply with a written direction to fix in the specified time period, in respect of the construction of a single dwelling and associated garage.

Ground Two – The practitioner contravened section 33(2) of the Building Act by carrying out, or allowing the carrying out of building works when not authorised to do so by the RBS following the mandatory notification stage of the building works.

Outcome date: 26 May 2022

Prosecuted for:

Mr Quach is a licensed electrician who was found to have breached section 221D(1) of the Building Act 1993 (Vic) by carrying out plumbing work in the prescribed class of ‘mechanical services’ without being licensed or registered as a plumbing practitioner.

Site Suburb: Sunshine
Jurisdiction: Sunshine Magistrate's Court

Outcome

The court dealt with the matter by ordering Quach to pay a $1000 fine without conviction.

Registration: CDB-L 49591 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 May 2022

Project site location: Newtown

A reprimand for each of Grounds One to Five.
A direction that the practitioner, at its own expense, take all reasonable steps to ensure that its nominee director undertakes the training unit CPCCBC4009 Apply legal requirements to building and construction projects (or its equivalent if superseded), through the Master Builders Association of Victoria or Housing Industry Association within 12 months (Grounds One, Three, Four, and Five).
Penalties totalling $16,000 (Ground One - $5,000; Ground Two - $2,500; Ground Three - $5,000, Ground Four - $2,500; Ground Five - $1,000)

Summary of grounds

Ground One – The practitioner carried out building work comprising elements of the construction of a swimming pool and spa at the site when a building permit in respect of that building work had not issued and was not in force in contravention of section 16(1) of the Building Act.

Ground Two – The practitioner failed to ensure that a building permit had issued and was in force for the building work comprising the construction of a swimming pool and spa and associated works, for which it had entered into a contract with the owner of the site, in contravention of section 16(4) of the Building Act.

Ground Three – The practitioner carried out or managed or arranged the carrying out of domestic building work under a major domestic building contract when it was not covered by the required insurance in contravention of section 136(2) of the Building Act.

Ground Four – The practitioner contravened regulation 265(a) of the building regulations (requiring it carry out its work as a building practitioner in a competent manner and to a professional standard) because it caused moneys to be demanded and/or recovered and/or retained before an insurance policy had been issued for the building work, contrary to the requirements of the Ministerial Order for Insurance.

Ground Five – The practitioner contravened subsections 31(f) and 31(fb) of the Domestic Building Contracts Act in relation to the contract entered into with the owner of the site.

Registration:

CB-U 33596 / Commercial Builder (Unlimited)
DB-U 33597 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 May 2022

Project site location: Doncaster

From in or around October 2019 to December 2019 the practitioner, as the nominee director of a registered company, Evo Constructions Australia Pty Ltd, failed to comply with his duty under section 174(1) of the Building Act 1993 to ensure that the Company complied with the Act and the regulations insofar as a) the Company carried out building work without a building permit having been issued and in force in contravention of s.16(1) of the Act and b) the Company, by engaging a structural engineer to perform inspections of the building work instead of notifying the relevant building surveyor of completion of same, failed to perform work as a building practitioner in a competent manner and to a professional standard in contravention of r.265 of the Building Regulations 2018.

The practitioner received a reprimand, was required to undertake training courses CPCCBC4009 (Apply legal requirements to building and construction projects) & CPCCBC4008 (Supervise site communication and administration processes for building and construction projects) or their equivalent within 12 months, was directed to provide evidence of completion of same, had a penalty of $20,000 imposed payable within 12 months, and had a partial suspension of his registrations imposed for a period of 3 months in relation to projects for which a building permit had not been issued at the commencement of the suspension, to take effect in 3 months’ time.

Registration: CDB-L 57219 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 May 2022

Project site location: Inverloch

The grounds related to a temporary swimming pool barrier for a swimming pool being built at the site.

Ground One: The practitioner contravened section 37H(1) of the Building Act 1993 by failing to comply within the specified period with a written direction to fix.

Ground Two: The practitioner contravened section 16(4A) of the Building Act 1993 by failing to ensure that the building work was carried out in accordance with the Act, the building regulations and the building permit.

Disciplinary action taken

The disciplinary action taken in respect of the two grounds was:

to reprimand the practitioner in respect of each ground
to impose penalties totalling $6,000.

Registration: BS-U 43487 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 May 2022

Project site location: Heidelberg

The disciplinary action taken was:

to reprimand the practitioner in respect of each of the four grounds
to impose a penalty of 50 penalty units (this decision is subject to VCAT Review)

Summary of grounds

The practitioner issued a building permit (January 2016) and occupancy permit (December 2017) for an apartment building which used combustible cladding on the external walls.

He was found to have contravened sections 24(1)(a) and 44(a) of the Building Act 1993 and to have failed to perform work as a building practitioner in a competent manner and to a professional standard.

Outcome date: 19 May 2022

Prosecuted for:

Nikiou entered pleas of guilty to breaches against s 169F(1) and 221D(1) of the Act in relation to carrying out building and plumbing works involved in the renovation of a bathroom and ensuite when not registered or licensed to do so. The works totalled in excess of $37,000 and were of poor workmanship.

Jurisdiction: Heidelberg Magistrate's Court
Site Suburbs: Greensborough

Outcome

The Court dealt with the matter by ordering Nikiou pay a fine of $4000 plus $350 counsel costs, and without ordering a conviction.

Registration: CDB-U 49038 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 May 2022

Project site locations:

White Hills
Chewton
Jackass Flat
Maiden Gully
California Gully
Junortoun
Kangaroo Flat
West Bendigo

The disciplinary action taken in respect of the eight grounds was:

to reprimand the practitioner in respect of each ground
to impose a penalty of $10,000 in respect of all grounds.

Summary of grounds

Grounds (8): For each of eight sites, the practitioner contravened section 33(1) of the Building Act 1993 by failing to ensure that the relevant building surveyor was notified without delay of the completion of framework, being a mandatory notification stage.

Registration / Licence: 28807

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 11 May 2022

Work carried out: Dallas

It was alleged and substantiated that the practitioner had carried out plumbing work that did not comply with the Act and Regulations, had failed to provide to the water authority an accurate plan of sanitary drain before compliance certificates were lodged, failed to offer belowground sanitary drainage work for inspection by the VBA prior to covering up (by way of booking of drainage inspection), and had lodged compliance certificates containing misstatement of facts.

Fine: $9,087.00 (50 PU);

Costs: $468.00;

Suspension of the practitioner’s licence for a period of 12 months effectively from 11 May 2022, with the suspension suspended on the condition that the Practitioner does not, on or after 11 May 2022 and for a period of 12 months, engage in any conduct that results in disciplinary action being imposed by the VBA at any disciplinary hearing (note: the suspension will become operative upon finding of liability at the disciplinary hearing); and

Publication Order granted.

Registration / Licence: 116836

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 10 May 2022

Work carried out:

Blackburn
Mitcham
Ringwood
Glen Waverley
Nunawading
Doncaster East

It was alleged and substantiated that the practitioner had, across multiple sites, breached the following sections of the Act:

(1) s 221G(1)(a) for permitting or directing another person to carry out plumbing work on his behalf when the other person was not licensed or registered with the VBA;

(2) s 221G(1)(b) on 2 occasions for permitting or directing another person to carry out plumbing work that was defective in workmanship or involved the use of materials that the practitioner ought to have known was defective and did not comply with plumbing law;

(3) s 221ZP(2) on 6 occasions for covering up below ground sanitary drainage work prior to offering it for inspection by the VBA;

(4) s 221ZI(2) for lodging a compliance certificate certifying that work was carried out under his supervision when the person who carried out the work was not authorised to perform the relevant plumbing work;

(5) s 221ZJ on 6 occasions for lodging a compliance certificate containing misstatement of fact; and

(6) s 221ZH(2) on 3 occasions for failing to provide compliance certificate to the person for whom the plumbing work was carried out within 5 days of completion of work.

Disciplinary action taken

Fine: $9,087.00 (50 PU);

Costs: $467.50;

Suspension of the practitioner’s licence (effectively from 10 May 2022), with the suspension suspended on the condition that the practitioner does not breach any provision of the Act within the next 12 months; and

Publication Order granted.

Outcome date: 5 May 2022

Prosecuted for:

Mr Ekers was charged with carrying out building works under a major domestic building contract when not licensed/registered in any class of building practitioner and failing to have building insurance as required.

Site Suburb: North Warrandyte
Jurisdiction: Ringwood Magistrate's Court

Outcome

The court dealt with the matter by ordering Mr Ekers to pay a $5,000 fine without conviction.

Registration / Licence: 48991

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 April 2022

Work carried out: Kew

Disciplinary action taken

It was alleged and substantiated that the practitioner had carried out plumbing work that did not comply with the Building Act and Plumbing Regulations, had covered up below ground sanitary work prior to making it available for inspection by the VBA, and had lodged a compliance certificate containing a misstatement of fact.

Fine: $9,087.00 (50 PU);

Costs: $467.50;

Suspension of the practitioner’s licence (effectively from 29 April 2022), with the suspension suspended on the condition that the practitioner does not breach any provision of the Act within the next 12 months; and

Publication Order granted.

Registration: DB-U 47338 / Domestic Builder (Unlimited)

Decision date: 28 April 2022

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

No representation was made in response to the show cause notice.

The disciplinary action taken is to cancel the practitioner’s registration.

Disciplinary action taken

Immediate suspension.

Registration:

DB-U 3281 / Domestic Builder (Unlimited)
CB-U 1909 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 April 2022

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken, in the absence of a representation from the practitioner, is cancellation of registration.

Registration: BS-U 1101 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 April 2022 (VCAT Orders by consent)

Project site locations:

Bentleigh
Brunswick
Coburg
Doncaster
Heidelberg Heights
Malvern East

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to reprimand the practitioner on 77 grounds;
to suspend the practitioner’s registration as a building surveyor unlimited partially for the period from 1 February 2022 to 31 January 2023 (inclusive). During the period of the partial suspension, the practitioner was and is prohibited from exercising his powers, functions or duties as a building surveyor under the Building Act 1993, except that he:
- is permitted to do so in respect of appointments made before 27 April 2022; and
- is permitted to accept new appointments to act as the building surveyor in respect of Class 1 buildings, Class 10 buildings, and buildings of Type C construction with a maximum rise in storey of 2 and is permitted to exercise his powers, functions and duties as a building surveyor in respect of such appointments;
to impose total penalties of $20,000

Summary of grounds

The practitioner contravened sections 24 and 44 of the Building Act 1993, was negligent in particular matters, engaged in unprofessional conduct and engaged in conduct that was constituted by a pattern of incompetence in relation to the issuing of building permits and occupancy permits for buildings with combustible cladding on external walls.

Registration: BS-U 18120 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 April 2022

Project site locations:

Pascoe Vale
Caroline Springs
Brunswick

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations and engaged in unprofessional conduct when he issued building permits and occupancy permits at 3 sites between 2011 to 2015 which approved the use of combustible cladding, timber framing, and a non-compliant design for a stairway and fire-isolated exit.

Given the practitioner does not act as a relevant building surveyor or undertake inspections of building work, a suspension of his registration was not necessary to meet the aims of the disciplinary process. Instead, a condition was imposed on the practitioner’s registration for 2 years which prohibits him from practising as a building surveyor with the exception that he is permitted to issue compliance certificates for design of performance solutions unrelated to fire performance requirements. The practitioner also received reprimands, monetary penalties of 150 penalty units ($27,261), and is required to undertake training in assessing and advising on performance solutions.

Outcome date: 12 April 2022

Prosecuted for:

Ms Nguyen entered a plea of guilty in relation to holding herself out as being qualified to practise as a building practitioner when she was not registered to do so.

Site Suburb: Wheelers Hill
Jurisdiction: Melbourne Magistrate's Court

Outcome

The court dealt with the matter by recording a conviction, and ordering Ms Nguyen to pay an $8,000 fine.

Registration: CDB-U 64382 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 April 2022

Project site location: Greenvale

The practitioner was found to have contravened section 37H(1) of the Building Act, in that it failed to comply with written direction to fix within required timeframe for compliance.

The practitioner was also found to have contravened section 33(1) of the Building Act, in that it failed to notify the relevant building surveyor without delay of the completion of a mandatory inspection notification stage.

The practitioner received reprimands (2) and penalties of $6,000.

Outcome date: 6 April 2022

Prosecuted for:

James Kovacevic entered a guilty plea to one charge of giving a false statement under s 246(1) of the Building Act (Vic) 1993.

Mr Kovacevic is not registered as a building practitioner. The charge represented five incidents in which Mr Kovacevic provided a registered practitioner’s details to the building surveyor in order to be granted a building permit. The total value of the works at the five sites was $1,530,000.

The Magistrate's Court dealt with the matter by ordering a conviction and a $9,500 fine.

Outcome

On 6 April 2022, Mr Kovacevic appealed to the Melbourne County Court against sentence.

As a result of the appeal:

The Orders of the Magistrates’ Court were set aside; and
Mr Kovacevic was fined the sum of $9,500, without conviction.

Registration:

BS-U 1107 / Building Surveyor (Unlimited)
IN-U 1090 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 March 2022

Project site location: South Morang

The practitioner was found to have:

issued an occupancy permit for the works without sighting the relevant s.221ZH plumbing compliance certificates in contravention of section 44(b) of the Building Act 1993 (the Building Act);
issued an occupancy permit for the works when he could not have been satisfied the dwelling was suitable for occupation, given that the downpipes were not connected to a legal point of discharge and external doors and windows were missing, in contravention of section 44(a) of the Building Act;
failed to have carried out his work as a building practitioner in a competent manner and to a professional standard, by having approved the final inspection when the downpipes were non-compliant (not-connected) and where doors and windows were missing in contravention of regulation 265(a) of the Building Regulations 2018;
failed to have lodged a copy of the occupancy permit and associated application documents with the relevant council within 7 days after issuing that occupancy permit in contravention of section 73(1) of the Building Act.

The practitioner received 4 reprimands and penalties totalling $15,000.00. He was also directed to complete training course ‘CPCCBS6103 – Identify and apply legal and ethical requirements to building surveying functions’ within 6 months of any future renewal of his registration in the category of building surveyor.

Disciplinary action taken

The practitioner received 4 reprimands and penalties totalling $15,000.00. He was also directed to complete training course ‘CPCCBS6103 – Identify and apply legal and ethical requirements to building surveying functions’ within 6 months of any future renewal of his registration in the category of building surveyor.

Registration: BS-U 25542 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 March 2022

Project site location: Boronia

The practitioner contravened section 24 of the Building Act and regulation 1502(a) of the Building Regulations when he issued a building permit when the plans specified combustible cladding for external walls for the building at the site. The practitioner had addressed the non-compliance with the builder prior to issuing the permit, but failed to include updated documents with the permit.

The practitioner received reprimands and a monetary penalty of $3,634.80.

Registration: CDB-L 48031 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 March 2022

Project site location: Braybrook

The practitioner was found to have failed to comply with written direction to fix, constituting a breach of s.37H(1) of the Building Act 1993.

The practitioner received a reprimand and a penalty of $1,000.00.

Registration: BS-U 1319 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 March 2022

Project site location: Dereel

The practitioner was found to have contravened section 30(1) of the Building Act 1993, in that he failed to lodge a copy of the building permit and the documents lodged with the application for that building permit with the relevant council within 7 days after issuing that building permit.

The practitioner received a reprimand and a penalty of $1,000.00.

Registration: DB-U 8148 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 March 2022

Project site location: Point Cook

The practitioner was found to have failed to comply with written direction to fix within required timeframe for compliance, constituting a breach of s.37H(1) of the Building Act 1993.

Disciplinary action taken

The practitioner received a reprimand and a penalty of $3,000.00.

Registration: DB-U 8148 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 March 2022

Project site location: Tarneit

The practitioner was found to have failed to comply with written direction to fix within required timeframe for compliance, constituting a breach of s.37H(1) of the Building Act 1993.

Disciplinary action taken

The practitioner received a reprimand and a penalty of $2,000.00.

Registration: CBD-L 64892 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 15 March 2022

Project site location: Beaufort

The practitioner failed to call for a mandatory inspection (protection of the public precautions) required by the building permit issued for the demolition of a dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration:

DB-U 4844 / Domestic Builder (Unlimited)
CB-U 4565 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 March 2022

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is to impose the following condition on both registrations:

(1)The practitioner will structure his business affairs so that his practice is conducted jointly with that of his son Leigh Wellington and only in that way.

(2)The practitioner will provide the Authority with such details of his business structure as would reasonably satisfy the Authority of compliance with paragraph (1), along with such supporting business documentation as is requested—

(a)within 60 days after this condition commences; and

(b)from time to time as requested.

(3)This condition lapses 3 years after it commences.

Registration: DB-U 38222 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 March 2022

Project site location: Various

Disciplinary action taken

The Practitioner was held to have engaged in unprofessional conduct related to:

using 2 fraudulent occupancy permits (for 2 sites in Tarneit);
producing, facilitating and procuring the production of false certificates of insurance for 22 sites in Victoria where he knew those documents would be used to hold out he/his company had obtained the required insurance, which in turn would facilitate building permits to issue and the commencement of building work at the sites when no required insurance was in place; and
making false and misleading statements within a statutory declaration produced to VMIA as well as during a record of interview with VBA investigators.

Based on the above matters the practitioner was also held to be not a fit and proper person to hold registration.

The practitioner was reprimanded and had a $20,000 penalty imposed in addition to his registration being cancelled. The practitioner was also disqualified for 3 years from being both: registered in any category/class and from being a nominee director for any registered corporate building practitioner.

Registration:

CDB-U 54625 / Domestic Builder (Unlimited)
CDB-L 51908 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 March 2022

Project site location: Rosanna

The practitioner was found to have contravened section 37H(1) of the Building Act on three occasions, in that it failed to comply with three written directions to fix in relation to one site within required timeframe for compliance.

The practitioner received reprimands (3) and penalties of $5,000.00.

Registration: CDB-U 52430 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 March 2022

Project site location: Sydenham

A Breach of Dispute Resolution Order Notice issued to the practitioner was referred to the Authority by Domestic Building Dispute Resolution Victoria (DBDRV), constituting a ground for disciplinary action under section 179(1)(db) of the Building Act 1993 (Vic.).

The Authority imposed a reprimand and a partial suspension of the practitioner’s registration for 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), suspending all functions the Company is authorised to perform by its registration other than:

building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act 1995 (Vic.); and
building work required to comply with a building order or direction to fix building work given under the Building Act. This decision is subject to VCAT review.

Registration:

DB-L 29073 / Domestic Builder (Limited)
DB-M 29072 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 3 March 2022

Project site location: Heidelberg West

A Breach of Dispute Resolution Order Notice issued to the practitioner was referred to the Authority by Domestic Building Dispute Resolution Victoria (DBDRV), constituting a ground for disciplinary action under section 179(1)(db) of the Building Act 1993 (Vic.).

Disciplinary action taken

The Authority imposed a reprimand and a partial suspension of the practitioner’s registrations for 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), suspending all functions the practitioner is authorised to perform by his registrations other than:

building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act 1995 (Vic.); and
building work required to comply with a building order or direction to fix building work given under the Building Act.

Registration: CDB-U 54084 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 February 2022

Project site location: Strathmore

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act.

The practitioner received a reprimand and a penalty of $2,000.00.

Registration: DB-U 9552 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 February 2022

Project site location: Wantirna

The Practitioner failed to comply with two written directions to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act. The second written direction to fix was not complied with at all.

Disciplinary action taken

The practitioner received reprimands (2) and penalties of $14,000.00.

Registration: DB-U 9552 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 February 2022

Project site location: Mulgrave

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act, or at all for that matter.

The practitioner received a reprimand and a penalty of $10,000.00.

Registration:

DB-U 47287 / Domestic Builder (Unlimited)
CB-L 42876 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 February 2022

Project site location: Epping

The practitioner was found to have contravened section 37H(1) of the Building Act, in that he failed to comply with written direction to fix within required timeframe for compliance.

The practitioner was also found to have contravened section 33(2) of the Building Act, in that he failed to stop building work upon completion of a mandatory notification stage when directed to do so by the relevant building surveyor.

The practitioner received reprimands (2) and penalties of $8,000.00.

Registration: DB-U 24454 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 February 2022

Project site location: St Albans

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act.

The practitioner received a reprimand and a penalty of $3,000.00.

Registration: DB-L 39325 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 February 2022

Project site location: Thornbury

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act.

The practitioner received a reprimand and a penalty of $4,000.00.

Registration:

BS-U 1470 / Building Surveyor (Unlimited)
IN-U 1488 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 February 2022

Project site locations:

Bentleigh
McKinnon
Carnegie

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations and engaged in unprofessional conduct when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at four sites between 2015 and 2017.

The practitioner received reprimands, a monetary penalty of $19,991.40, direction to rely solely on compliance certificate from fire safety engineer certifying building permit drawings unless or until completes Graduate Certificate in Performance-Based Building & Fire Codes.

Registration: DB-M 18969 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 21 February 2022

Project site location: Lilydale

The practitioner is the officer of a body corporate subject to external administration.

In relation to a new dwelling construction in Lilydale, the Authority found the practitioner failed to carry out his work competent manner and to a professional standard in contravention of r.1502(a) and then r.265(a) of the Building Regulations (2006, interim 2017, then 2018), in that he:

caused permitted, directed or procured excavation works in connection with the construction of a dwelling without a building permit being in place, contrary to section 16(1) of the Building Act 1993 (the Act);
caused permitted, directed or procured the carrying out of building work which did not accord with the approved building permit documents, contrary to sections 16(2), 16(4)(b) and s.16(4A) of the Act;
continued to substantially progress the Works when two mandatory inspection stages had not been approved, contrary to the mandatory inspection requirements set out in section 33 of the Act;
failed to comply with a written direction to fix within the period for compliance specified, or at all for that matter, contrary to section 37H(1) of the Act;
allowed his company and its unregistered/not appropriately registered subcontractors to carry out the major domestic building work when his registration as a Domestic Builder – Manager limited him to the managing and arranging of carrying out that building work, contrary to section 176(2A) of the Act;
carried out variations prior to obtaining signed Written Variations from the owners contrary to the requirements of section 38 of the DBCA and the terms of the major domestic building contract;
demanded moneys in excess of the contract price contrary to section 16(1) of the DBCA;
claimed progress claims when inappropriate to do so;
failed to comply with his statutory obligations as builder under section 8 of the DBCA to ensure domestic building works are carried out in a proper and workmanlike manner, in accordance with the plans and specifications set out in the relevant contract, in accordance with all laws and legal requirements, with reasonable care and skill, within the period set out in the relevant contract and in a manner which renders them suitable for occupation at completion; and
failed to permit the owners reasonable access to the Site contrary to the requirements of section 19 of the DBCA and the terms of the relevant contract.

As a result, the Authority determined the practitioner had engaged in conduct in relation to his practice as a building practitioner constituted by a pattern of incompetence and that he was not a fit and proper person to practice as a building practitioner.

The practitioner’s registrations were cancelled and he was disqualified from registration in any class/category for the maximum period of 3 years. The practitioner additionally received a reprimand and a penalty of $20,000.00.

Registration: BS-U1577 / Building Surveyor (Unlimited) / Building Surveyor (Unlimited) / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 19 February 2022

The disciplinary action taken in respect of the two grounds was:

to reprimand the practitioner
to impose a penalty of 10 penalty units ($1,817.40).

Summary of grounds

Ground 1: The practitioner contravened section 229F of the Building Act 1993 by failing, without reasonable excuse, to comply with a requirement of an authorised person exercising a power under Division 2 of Part 13, namely a requirement in a written notice issued under section 227G to provide information and documents.

Ground 2: The contravention of section 229F was found to constitute unprofessional conduct.

Registration: DB-U 27538 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 February 2022

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) cancellation of registration.

Registration / Licence: 44371

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 16 February 2022

Work carried out: Surrey Hills

It was alleged and substantiated that the practitioner had carried out, or permitted others to carry out on his behalf, plumbing work that did not comply with the plumbing laws, had lodged a compliance certificate containing a misstatement of fact and had failed to provide to the water authority with an accurate plan of sanitary drain after plumbing work was completed.

Fine: $3,089.58 (17 PU);

Costs: $468; and

Publication Order granted.

Registration: DB-L 38939 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 February 2022

Project site location: Glen Iris

The practitioner contravened section 174(1) of the Building Act 1993 in that, as the nominee director of a registered company, Select Kitchens Pty Ltd, he failed to comply with his duty to ensure the company complied with the requirements of the Act and the regulations. Specifically, the company undertook structural building work at the site without a building permit in relation to the work having been issued and in force, in contravention of section 16(1) of the Act.

The practitioner received a reprimand and a penalty of $10,000 was imposed. The Authority also directed the practitioner to complete the training unit ‘CPCCBC4026 – Arrange building application and approvals.’

Registration: DB-U 41026 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) cancellation of registration effective 15 March 2022.

Registration: BS-U 1082 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Project site location: Greenvale

The practitioner contravened sections 24(1)(a), 24(1)(b) x 2, 24(1)(d), 30(1) x 2, and 73(1) of the Act and Regulation 1012 of the Building Interim Regulations 2017 at 1 site.

Disciplinary action taken

The practitioner received the following disciplinary action.

8 x reprimands
Penalties totalling $7,750

Registration:

DB-U 3883 / Domestic Builder (Unlimited)
CB-U 1309 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) cancellation of registration, effective 15 March 2022.

Registration: DB-U 24494 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) cancellation of registration, effective 15 March 2022.

Registration: CDB-U 49041 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Project site location: Airport West

A Breach of Dispute Resolution Order Notice issued to the practitioner was referred to the Authority by Domestic Building Dispute Resolution Victoria (DBDRV), constituting a ground for disciplinary action under section 179(1)(db) of the Building Act 1993.

Disciplinary action taken

The Authority imposed a reprimand and a partial suspension of the practitioner’s registration for 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), wholly suspending the practitioner’s registration save and except for:

any work at the site the subject of the dispute resolution order; and
any building work ordered to be carried out by the practitioner or its nominee director pursuant to any building order or direction to fix issued by the Authority, a relevant building surveyor, a designated building surveyor or a municipal building surveyor.

Registration: DB-U 37236 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Project site location: Airport West

The practitioner was found to have contravened section 49B(5) of the Domestic Building Contracts Act 1995, in that he failed to comply with a dispute resolution order of the DBDRV pursuant to section 49 of the DBCA.

The Authority imposed a reprimand.

Registration: DB-U 40299 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 February 2022

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) cancellation of registration., effective 15 March 2022.

Registration: CDB-U 50016 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 February 2022

Project site location: Cheltenham

The practitioner was found to have contravened section 37H(1) of the Building Act, in that it failed to comply with written direction to fix within the required timeframe for compliance.

The practitioner received a reprimand and a penalty of $3,000.00.

Outcome date: 3 February 2022

Prosecuted for:

Mr REES entered a plea of guilty to a breach against s176(2A) of the Act in relation to carrying out domestic building work under a major domestic building contract when he was not a registered builder. There were compliance issues and installation flaws with the work undertaken, and a risk that extreme wind events would blow the roof off. The cost of rectification works required was $76,355.

Site suburb: Windsor
Jurisdiction: Ringwood Magistrates’ Court

Outcome

The court dealt with the matter by convicting and fining Mr REES in the amount of $1,000.

Registration: DB-U 6973 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 February 2022 (Disciplinary action is stayed by VCAT review)

Project site location: Niddrie

Disciplinary action is stayed by VCAT review

The practitioner was found to have engaged in unprofessional conduct, in that he was found to have circumvented statutory requirements by procuring a building permit to allow another person to carry out, manage and arrange major domestic building work using his domestic builder’s registration and that building permit.

The practitioner was additionally found to have contravened regulation 1502(a) of the Building Regulations 2006 (as they were then), in that, as the registered building practitioner responsible for the works, he failed to adequately manage, supervise and/or control the works and/or the contractors associated with those works, constituting a failure to perform his work as a building practitioner in a competent manner and to a professional standard.

In addition, the practitioner was found to have contravened section 16(1) of the Building Act 1993 (the Act), in that he was found to have permitted and allowed building work to be carried which did not accord with the Act, the regulations and the building permit, together with section 136(2) of the Act, in that he was found to have arranged the carrying out of domestic building work under a major domestic building contract when those works were not covered by the required insurance.

As a consequence, the practitioner’s registration was partially suspended for 24 months (prohibiting new projects during that period). Additionally, penalties of $36,500.00 were imposed and he received 4 reprimands.

A condition that the practitioner must not allow his company, Timetrex Pty Ltd (CDB-U 59853) (of which he is the sole nominee director), to enter into any new building contracts and obtain new building permits for the duration of the partial suspension was also imposed.

Registration: BS-U 17998 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 January 2022

Project site locations:

Elwood
Melton West
Balaclava
Pascoe Vale

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations and engaged in unprofessional conduct when he issued a building permit and occupancy permit allowing the use of combustible cladding for external walls at one site between 2011 and 2012.

The practitioner received reprimands, a monetary penalty of $18, 174 and directed to undertake and successfully complete training.

Registration: DB-U 38656 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 January 2022

Project site location: West Footscray

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act.

The practitioner received a reprimand and a penalty of $4,000.00.

Registration: DB-U 3752 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 January 2022

Project site location: Keilor East

The Practitioner failed to comply with written direction to fix within required timeframe for compliance in contravention of section 37H(1) of the Building Act.

The practitioner received a reprimand and a penalty of $4,000.00.

Registration: DB-U 44314 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 January 2022

Project site location: Elsternwick

The practitioner was found to have contravened section 37H(1) of the Building Act, in that he failed to comply with written direction to fix within required timeframe for compliance (or at all).

The practitioner received a reprimand and a penalty of $5,000.00.

Registration: CDB-U 53738 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 January 2022

Immediate Suspension of Arkville Homes Pty Ltd

The corporate practitioner’s registration was immediately suspended, commencing on 21 January 2022, because it has no nominee director. The immediate suspension will conclude on 21 January 2025 (unless revoked sooner). The Authority must revoke the immediate suspension if a nominee director is appointed.

Registration: CDB-U 53131 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 January 2022

Project site location: Smythesdale

The practitioner was found to have failed to call for a mandatory inspection required by the building permit in respect of construction of a detached dwelling and garage.

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration: CDB‐U 62941 / CDB‐U 62941

Disciplinary proceeding: VBA show cause process

Decision date: 23 December 2021

Project site location: Deer Park

The Practitioner failed to comply with written direction to fix within required timeframe for compliance (breach of s.37H(1) of the Building Act).

The practitioner received a reprimand and a penalty of $1,000.00.

Registration:

BS-U 38620 / Building Surveyor (Unlimited)
IN-U 27460 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 December 2021

Project site location: Berwick

Reprimand
Penalty of $10,000

Summary of grounds

The practitioner was disciplined on one ground for contravening regulation 265(a) of the Building Regulations 2018 regarding the failure to identify non-compliances at a frame inspection.

Registration:

BS-U 38620 / Building Surveyor (Unlimited)
IN-U 27460 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 December 2021

Project site location: St Albans

Reprimand
Penalty of $2,500

Summary of grounds

The practitioner was disciplined on one ground for contravening sections 24(1)(d) of the Building Act 1993 regarding differences between the building permit drawings and the endorsed planning permit drawings.

Registration: CDB-U 49216 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 December 2021

Project site location: Sunshine West

As the builder named in a building permit issued for building work comprised of the construction of 5 double storey dwellings and associated garages, the Company contravened section 33(2) of the Act by failing to ensure that any person carrying out that work stopped on completion of a mandatory notification stage when directed to do so by the relevant building surveyor.

The Company was reprimanded and had a penalty of $4,000 imposed.

Registration: BD-L 41193 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 21 December 2021 (Disciplinary action is stayed by a VCAT review.)

Project site location: Footscray

Disciplinary action is stayed by a VCAT review.

To reprimand the practitioner
To direct the practitioner to complete training course ‘CPCCDE4003 - Supervise operational activities on demolition sites’
To direct the practitioner to reimburse the adjoining owner for the costs incurred in rectifying the damage caused by the practitioner to the adjoining property
To suspend the practitioner’s registration in the class of demolisher (low rise) for 2 months

Summary of grounds

The allegations related to demolition works carried out by the practitioner 2017.

Ground 1: The practitioner contravened sections 16(2) and 16(4)(b) of the Building Act 1993 (the Act), in that he carried out building work, consisting of demolition works, which did not accord with the Act, the regulations and the building permit and as he failed, as the building practitioner engaged to carry out those works, to ensure those works were carried out in accordance with the Act, the regulations and the building permit.

Ground 2: The practitioner engaged in unprofessional conduct, in that he allowed a body corporate he was not a director of to enter into major domestic building contract naming him as the registered practitioner, failed to comply with protection work requirements before carrying out the demolition works and then failed, refused and/or neglected to make good the damage/cost of rectification to the adjoining property which resulted as a consequence.

Registration: DB-U 12067 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 December 2021

Project site location: Springvale

The practitioner contravened sections 16 (1) (a) of the Act, Regulation 1502(a) of the Regulations, and engaged in unprofessional conduct when building work involving the use of combustible cladding in external walls was carried out not in accordance with the Building Act, the building regulations and the building permit which nominated him as the builder.

The practitioner received the following disciplinary action.

3 x reprimands
25 Penalty units ($4,543.50)

Registration: BS-U 1082 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 December 2021

Project site location: Springvale

The practitioner contravened sections 24 (1) (a) and s. 44 (a) of the Act, Regulation 1502(a) of the Regulations, and engaged in unprofessional conduct at each of four sites when building work involving the use of combustible cladding in external walls was carried out not in accordance with the Building Act, the building regulations and the building permit which nominated him as the builder.

The practitioner received the following disciplinary action.

20 x reprimands
A penalty of $5,000.00

The practitioner provided a signed undertaking not to issue any new building permits, to finalise his existing building permits prior to 15 June 2022 and to retire on that date, transferring any continuing matters to another registered RBS.

Registration: BS-U 1082 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 December 2021

Project site location: Springvale

The practitioner contravened sections 24 (1) (a) and s. 44 (a) of the Act, Regulation 1502(a) of the Regulations, and engaged in unprofessional conduct at each of four sites when building work involving the use of combustible cladding in external walls was carried out not in accordance with the Building Act, the building regulations and the building permit which nominated him as the builder.

Disciplinary action taken

The practitioner received the following disciplinary action.

20 x reprimands
A penalty of $5,000.00

The practitioner provided a signed undertaking not to issue any new building permits, to finalise his existing building permits prior to 15 June 2022 and to retire on that date, transferring any continuing matters to another registered RBS.

Registration:

DB-U 18316 / Domestic Builder (Unlimited)
CB-L 33881 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 December 2021

Practitioner held to have contravened section 246 for providing false or misleading information (related to unpaid adjudicated amount/judgment debt) to the Authority within the director’s declaration as part of the company’s registration renewal application.

The practitioner was reprimanded and had a penalty of $12,000 imposed.

Registration: DB-U 38222 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 December 2021

Disciplinary action taken

The practitioner has been immediately suspended pursuant to section 180A(2A) of the Building Act 1993 (the Act), as the Authority considers it in the interests of the public to do so pending the show cause process.

The immediate suspension commenced on 14 December 2021 and will conclude at midnight on 30 November 2024 (unless revoked sooner).

Registration: BS-U 33252 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 December 2021

Project site locations:

Pascoe Vale South
Brunswick West

The practitioner contravened sections 24 and 44 of the Act, and regulation 1502(a) of the Regulations, in respect of the issue of building permits and occupancy permits approving the use of combustible cladding at two sites between 2015 and 2017.

The practitioner received reprimands, total penalties of $22,717 and is required to:

comply with a direction to provide documentary evidence demonstrating implementation of changed practice to ensure evidence of suitability, performance solutions, and confirmation of materials used are provided and lodged with building permits; and
undertake continuing professional development training from ABCB (evidence of suitability, fire safety) and VBA Practitioner Education Series specified webinars, including all sessions offered in the Practitioner Education Series in the 2022 calendar year.

Registration: DB-M 18969 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 10 December 2021

Immediate suspension of Michael Harrison

The practitioner has been immediately suspended under ss 180A(1) and 180(a) of the Building Act 1993 because he is an officer of a body corporate subject to external administration.

The immediate suspension commenced on 11 December 2021 and will conclude at midnight on 30 November 2024 (unless revoked sooner).

Outcome date: 9 December 2021

Prosecuted for:

Mr Maaliki entered a plea of guilty to one charge against s176(2A) of the Building Act 1993 (Vic) in relation to carrying out domestic building work under a major domestic building contract when he was not registered to do that work. Works included bathroom renovation and several other rooms.

Site Suburb: Monbulk
Jurisdiction: Ringwood Magistrate's Court

Outcome

The court found the s176(2A) offence proven, adjourned the matter for a period of 12 months on Mr Maaliki entering an undertaking to be of good behaviour for 12 months. The Court ordered costs payable to the VBA of $150.

Registration: BS-U 43919 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 December 2021

Project site location: Geelong

The practitioner was found to have contravened regulation 265 with respect to numerous failures at a site for which he was the relevant building surveyor. The ground upheld was with respect to the failure for the building permit to comply with the required form, a failure to notify the VBA about a change in builder for the building work, a failure to consider precautions for public protection and issuing a building permit before a planning permit had issued.

The practitioner was reprimanded, directed to undertake specific training and had a penalty of $6,000 imposed.

Registration: CDB-U 52430 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 December 2021

Project site location: Sunshine North

In relation to a new domestic build in Sunshine North, the practitioner was found to have:

carried out building work which did not accord with the Building Act, the building regulations and the building permit issued in contravention of s.16B(3) of the Building Act, in that it carried out deep, unsupported excavation of the site without constructing the retaining walls and associated drainage required by the endorsed permit documents, carried out those works when it was not the builder named in the building permit and failed to call x2 mandatory inspections required by the building permit, amongst other things;
carried out, managed and/or arranged the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance in contravention of section 136(2) of the Building Act;
failed to carry out its work competent manner and to a professional standard in contravention of regulation 265(a) of the building regulations by failing to ensure the works were carried out in a proper and workmanlike manner, with proper care and skill, in accordance with all laws and legal requirements and in accordance with the plans and specifications set out in the contract pursuant to its obligations under section 8 of the Domestic Building Contracts Act (DBCA) and, additionally, by having demanded, retained and received moneys which did not accord with the contract, the Building Act, the relevant Ministerial Order and the DBCA, amongst other things.

As a result of that conduct, the Authority determined the practitioner was not a fit and proper person to practice as a building practitioner.

The practitioner received 3 reprimands and suspensions of 3 years in cumulation. The practitioner’s registration was cancelled and it was disqualified from registration in any class/category for the maximum period of 3 years.

Registration:

DB-U 43680 / Domestic Builder (Unlimited)
CB-L 43674 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 December 2021

Project site location: Sunshine North (2 sites)

In relation to the first site, consisting of a new domestic build in Sunshine North, the Authority found the practitioner, as the responsible building practitioner and director of Amville Constructions Pty Ltd (Amville):

caused building work to be carried out consisting of the construction of a new dwelling where no building permit was issued or in force in contravention of section 16B(1) of the Building Act;
failed to carry out his work competent manner and to a professional standard in contravention of r.1502(a) of the building regulations (2006, interim 2017), in that he:

allowed deep unsupported excavations to be carried out in an unsafe and unworkmanlike manner, posing a risk of undermining adjoining property and posing risks to life and safety;
failed to address urgent safety measures directed by the relevant building surveyor in a timely manner; and
failed to carry out the works in accordance with the plans and specifications set out in the contract and in compliance with all laws and legal requirements, including the builder’s obligations under section 8 of the Domestic Building Contracts Act (DBCA) concerning contract requirements, deposits and progress payments, amongst other things; and

failed to give all information and produce all documents compelled under a Section 231F(2) Notice to Give Information and Produce Documents in contravention of section 231F(3) of the Building Act.

In relation to a second site in Sunshine North also consisting of a new domestic build, the Authority found the practitioner, as the responsible nominee director of Amville:

caused building work to be carried out which did not accord with the Building Act, the Building Regulations and the building permit issued in contravention of s.16B(3) of the Building Act, in that he caused deep, unsupported excavation of the site to be carried out without constructing the retaining walls and associated drainage required by the endorsed permit documents, caused those works to be carried out when neither he nor Amville was the builder named in the building permit and failed to call x2 mandatory inspections required by the building permit, amongst other things;
carried out, managed and/or arranged the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance in contravention of section 136(2) of the Building Act;
failed to carry out his work competent manner and to a professional standard in contravention of regulation 265(a) of the building regulations, by failing to ensure the works were carried out in a proper and workmanlike manner, with proper care and skill, in accordance with all laws and legal requirements and in accordance with the plans and specifications set out in the contract pursuant to the builder’s obligations under section 8 of the DBCA and, additionally, by Amville having demanded, retained and received moneys which did not accord with the contract, the Building Act, the relevant Ministerial Order and the DBCA, amongst other things; and
failed in his general duty as the nominee director of Amville to ensure that that registered body corporate complied with the Building Act and the building regulations.

As a result of the practitioner’s conduct across both sites, the Authority determined the practitioner:

had engaged in conduct in relation to his practice as a building practitioner constituted by a pattern of incompetence; and
was not a fit and proper person to practice as a building practitioner.

The practitioner received 8 reprimands, penalties of $57,500.00 and suspensions of 3 years in cumulation. The practitioner’s registrations were cancelled and he was disqualified from registration in any class/category for the maximum period of 3 years. He was also disqualified from being a nominee director of any registered body corporate for 3 years.

Registration: CDB-U 52644 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 2 December 2021

Project site location: Brunswick West

The practitioner’s registration was partially suspended on 2 December 2021 because the Authority was notified by Domestic Building Dispute Resolution Victoria (DBDRV) that it had been issued with a Breach of Dispute Resolution Order Notice.

The partial suspension commences on 14 December 2021 and applies to all functions that the practitioner is authorised to perform by the registration other than:

the undertaking of building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act 1995; or
the undertaking of building work required to comply with a building order or direction to fix building work given under the Building Act 1993.

The partial suspension will end on 14 December 2024 OR the day the Authority is notified by DBDRV that the Breach of Dispute Resolution Order Notice is cancelled.

Further details are not permitted to be published until after the partial suspension ends or VCAT affirms the VBA’s decision (if the practitioner appeals).

Registration: CDB-M 49762 / Domestic Builder (Manager)

Decision date: 30 November 2021

Project site location: Donvale

Practitioner contravened sections 16(4) and 16(4A) in addition to sections 33(1) and 169G of the Building Act 1993 as it failed to: ensure building work only carried out when permit had issued and in accordance with building permit, as well as failed to call for mandatory inspection required under building permit. The practitioner also carried out work as a registered building practitioner when it did not have a nominee director.

The practitioner was reprimanded and had penalties totalling $7,000 imposed.

Registration:

DB-M 46152 / Domestic Builder (Manager)
DB-U 70404 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 November 2021

Project site location: Donvale

The practitioner was found to have failed to ensure the company of which he was its nominee director (DST Project Management and Construction Pty Ltd) complied with the Act (namely section 33(1)) in respect of the construction of a dwelling.

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: CB-L 41528 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 November 2021

Project site location: Niddrie

Disciplinary action taken

To reprimand the practitioner
To impose penalties totalling $38,000
To suspend the practitioner’s registration in the class of commercial builder (limited to the construction of low rise building work) for periods totalling 51 months, but capped at 36 months
To cancel the practitioner’s registration in the class of commercial builder (limited to the construction of low rise building work)
To disqualify the practitioner from being registered as a building practitioner in any class for a period of 3 years. This matter is now subject to VCAT review.

Summary of grounds

The allegations related to a 15 unit residential development on land owned by a company controlled by the practitioner.

Ground 1: The practitioner engaged in unprofessional conduct by providing certifications of compliance regarding the installation of insulation and energy efficiency measures that were false or misleading.

Ground 3: The practitioner contravened section 16(1) of the Act (in the form it took in 2014/2015) by carrying out building work that was not in accordance with the Act, the building regulations and the building permit. The practitioner departed from what was specified in the building permit documentation, without the changes being properly documented.

Ground 4: The practitioner engaged in unprofessional conduct by carrying out domestic building work while operating under a sham building contract. The owner of the land entered into a building contract with a domestic builder. There was essentially no evidence that the builder had any involvement in the building work, but his registration and insurance details were cited in the building permit. The practitioner was the de facto builder for the project.

Ground 7: The practitioner is not a fit and proper person to practise as a building practitioner.

Registration: BS-U-20459 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 November 2021

Project site locations:

Preston
Thomastown
Coburg North

In relation to the Preston site, the practitioner was found to have acted in contravention of section 24(1), sub-sections (b) and (c) of the Building Act 1993 (the Act), in that he issued a building permit when he could not have been satisfied that the consent of the reporting authority had been obtained and when he could not have been satisfied a planning permit had been obtained.

In relation to the Thomastown site, the practitioner was found to have acted in contravention of:

section 30(1) of the Act, in that he failed to provide copies of the approved drawings to the relevant council within 7 days of issuing the stage 1 permit;
section 30(1) of the Act, in that he failed to provide copies of the approved drawings to the relevant council within 7 days of issuing the stage 2 permit;
regulation 1502(a) of the Building Regulations 2006 (as they were at the time), for failing to carry out his work in competent manner and to a professional standard, in that he issued building permits for the works which listed a substantially lower cost of works than was specified in the application for building permit;
section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied the permit would comply r.313(3)(a) and r.315 of the Building Regulations 2006 (as they were at the time);
regulation 1502(a) of the Building Regulations 2006 (as they were at the time), for failing to carry out his work in competent manner and to a professional standard, in that he failed to take enforcement action in a timely manner.

In relation to the Coburg North site, the practitioner was found to have acted in contravention of regulation 1502(a) of the Building Regulations 2006 (as they were at the time), for failing to carry out his work in competent manner and to a professional standard, in that he failed to take enforcement action with respect to non-compliant works.

Disciplinary action taken

The Authority imposed 60 hours of AIBS training, directed the practitioner to provide specified documents to the relevant council and imposed a partial suspension of the practitioner’s registration BS-U-20459 for a period of 90 calendar days (suspending his functions to accept new appointments or issue new building permits).

Reprimands (6) and penalties of $1,500.00 were also imposed.

Registration: BS-U-20459 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 November 2021

Project site locations:

Campbellfield
Craigieburn

In relation to the Campbellfield site, the practitioner was found to have acted in contravention of:

section 80 of the Building Act 1993 (the Act), in that he failed to notify the relevant council of his appointment as RBS within 7 days of accepting that appointment;
section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work would comply with the Act and the building regulations;
section 30(1) of the Act, in that he failed to provide copies of the building permit and approved documents to the relevant council within 7 days of issuing the building permit;
regulation 1204 of the Building Regulations 2006 (as they were at the time), for failing to determine the maintenance requirements of the essential safety measures (ESMs) and failing to provide a written determination as to those ESMs, as was required by r.1204(1) and r.1204(2);
regulation 1012 of the Building Regulations 2006 (as they were at the time), for failing to provide a copy of the certificate of final inspection and inspection approval dates to the relevant council within 7 days of issuing the certificate of final inspection

In relation to the Craigieburn site, the practitioner was found to have acted in contravention of section 38(1) of the Act, in that he failed to take all steps reasonable and necessary to have enabled the issue of a certificate of final inspection after having conducted the final inspection.

Disciplinary action taken

The Authority directed the practitioner to take specified steps relating to making of an ESM determination, the lodgement of documents with relevant councils and the issue of a certificate of final inspection. The Authority also imposed a partial suspension of the practitioner’s registration BS-U-20459 for a period of 180 calendar days (suspending his functions to accept new appointments or issue new building permits), 5 reprimands and penalties totalling $5,000.00.

Registration: BS-U 14426 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 November 2021 (VCAT)

Project site location: Brunswick

On review by VCAT (consent orders) – The VBA’s decision to suspend the practitioner for 2 months was amended to a partial suspension for 3 months.

During the period of the partial suspension, the practitioner must not exercise her powers, functions or duties under the Building Act 1993 to:

accept new appointments to act as the relevant building surveyor; and
issue new building permits for projects in respect of which she was not already appointed as relevant building surveyor.

The VBA’s decision to reprimand the practitioner and impose monetary penalties of $20,000 remained in place.

Summary of grounds

The practitioner contravened sections 24 and 44 of the Building Act 1993, was negligent in a particular matter and engaged in unprofessional conduct in relation to the issuing of a building permit and occupancy permit for a building with combustible cladding on external walls.

Registration: BS-U 1100 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 November 2021 (VCAT)

Project site location: Doncaster, Essendon, Fitzroy, Preston

On review by VCAT (by consent orders) the VBA’s decision to suspend the practitioner for 360 days was amended to a partial suspension.

During the period of the partial suspension for 360 days, the practitioner must not exercise his powers, functions or duties under the Building Act 1993 to:

Accept new appointments to act as the relevant building surveyor; or
issue building permits other than those under appointments to act as the relevant building surveyor existing as at 16 November 2021, except in respect of Class 1 or Class 10 buildings;

The VBA’s decision to reprimand the practitioner and impose monetary penalties of $18,500 remained in place.

Summary of grounds

The practitioner contravened sections 24 and 44 of the Building Act 1993, was negligent in a particular matter and engaged in unprofessional conduct at 5 sites in relation to the issuing of various building permits and occupancy permits for buildings with combustible cladding on external walls.

Registration: BS-U 1254 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 November 2021

Project site location: Warrnambool

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations and engaged in unprofessional conduct when he issued a building permit and occupancy permit allowing the use of combustible cladding for external walls at one site between 2011 and 2012.

The practitioner received reprimands, a monetary penalty of $9,087 and directed to undertake and successfully complete training within 12 months.

Registration: DB-U 16980 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 November 2021

Project site location: Hoppers Crossing

The practitioner was found to have failed to comply with a written direction to fix building work within the period for compliance specified in the direction, as required by section 37H(1) of the Act.

The practitioner was reprimanded and had a penalty of $4,000 imposed.

Registration:

DB-M 46152 / Domestic Builder (Manager)
DB-U 70404 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 November 2021

Project site location: Bulleen

The practitioner was found to have contravened section 174(1) of the Building Act 1993 due to failing to ensure the company of which they were its nominee director (DST Project Management and Construction Pty Ltd) complied with the Act and the regulations relating to building works undertaken by the Company without a building permit and the site (and an adjoining property) being unsafe because excavations were unshored and the site not secured

The practitioner received reprimands, penalty of $6,000.00, and a condition to undertake training units CPCCBC4009 (Apply legal requirements to building and construction projects) & CPCCBC4026 (Arrange building applications and approvals) within 5 months.

Registration: CBD-L 60008 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2021

The practitioner’s registration was partially suspended on 10 November 2021 because the Authority was notified by Domestic Building Dispute Resolution Victoria (DBDRV) that it had been issued with a Breach of Dispute Resolution Order Notice.

The partial suspension commenced on 22 November 2021 and applies to all functions that the practitioner is authorised to perform by the registration other than:

the undertaking of building work at any site which is the subject of an unresolved domestic building work dispute for the purposes of the Domestic Building Contracts Act 1995; or
the undertaking of building work required to comply with a building order or direction to fix building work given under the Building Act 1993.

The partial suspension will end on 22 November 2024 OR the day the Authority is notified by DBDRV that the Breach of Dispute Resolution Order Notice is cancelled.

Further details are not permitted to be published until after the suspension ends or VCAT affirms the VBA’s decision (if the practitioner appeals).

Registration / Licence: 100167

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 10 November 2021

Work carried out: Footscray

It was alleged and substantiated that the practitioner had failed to lodge a compliance certificate within 5 days as required and had lodged a compliance certificate containing a misstatement of fact.

Fined: $7,269.60 (40 PU);

Costs: $234; and

Publication Order granted.

Registration: BS-U 29165 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2021

Project site locations:

Brunswick
South Yarra
Abbottsford
West Brunswick

The practitioner contravened sections 24 (1) (a) and 44 (a) of the Act, and Regulation 1502(a) of the Regulations when he issued a building permits and occupancy permits between 2014 and 2017 across 4 sites allowing the use of non-compliant combustible cladding for external walls.

The practitioner received the following disciplinary action.

16 x reprimands
200 Penalty units ($36,348.00)

Registration / Licence: 46639

The practitioner admitted and took responsibility for the contravention, which resulted in a reduced penalty of $2,000 being imposed, together with a reprimand.

Registration: BS-U 1165 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 October 2021 (VCAT)

Project site locations:

Brighton
Caulfield South

On review by VCAT (consent orders) – The VBA’s decision to suspend the practitioner for 14 months was amended to a partial suspension for 20 months.

The practitioner issued building permits and occupancy permits in the absence of demonstrated compliance, performed work other than in a competent manner and to a professional standard, was negligent in a particular matter and engaged in unprofessional conduct at 3 sites in relation to the approval of combustible cladding on external walls. The practitioner was also found to have engaged in conduct constituted by a pattern of incompetence.

Disciplinary action taken

During the period of the partial suspension, the practitioner must not exercise his powers, functions or duties under the Building Act 1993 to:

accept new appointments to act as the relevant building surveyor; and
issue new building permits;

The VBA’s decision to reprimand the practitioner and to impose total penalties of $6,000 remained in place. VCAT also ordered that the practitioner must complete a specified course of training within 20 months.

Registration: DB-U 18867 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 October 2021

Project site location: CARRUM

The practitioner was found to have engaged in one count of unprofessional conduct, in that he was found to have unlawfully assaulted an individual at the subject site in Carrum in 2016.

Disciplinary action taken

On appeal at VCAT, the practitioner received a reprimand and a $10,000.00 penalty. Additionally, the practitioner was directed to complete a specified course of training, namely ‘High-Performance Site Management - Domestic’.

Registration: BS-U 42518 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 October 2021

Project site location: Glen Iris

The practitioner contravened sections 24 (1) (a) and 44 (a) of the Act and Regulation 1502(a) of the Regulations when he issued a building permit and occupancy permit in 2016 allowing the use of non-compliant combustible cladding for external walls in multi-unit development.

Disciplinary action taken

The practitioner received the following disciplinary action.

4 x reprimands
40 Penalty units ($7269.60)

Registration: BD-L 41193 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 15 October 2021

Project site location: Niddrie

The practitioner was found to contravened sections 16(2) and 16(4) of the Building Act 1993 (the Act), in that he carried out building work, consisting of demolition works, which did not accord with the Act, the regulations and the building permit and as he failed, as the building practitioner engaged to carry out those works, to ensure those works were carried out in accordance with the Act, the regulations and the building permit.

The practitioner was also found to have engaged in unprofessional conduct, in that he allowed a body corporate he was not a director of to enter into major domestic building contract naming him as the registered practitioner, failed to comply with protection work requirements before carrying out the demolition works and then failed, refused and/or neglected to make good the damage/cost of rectification to the adjoining property which resulted as a consequence.

The practitioner’s registration was suspended for 3 months and he was directed to complete training course ‘CPCCDE4003 - Supervise operational activities on demolition sites’. The practitioner was also directed to reimburse the adjoining owner for their costs incurred in rectifying the damage he caused to the adjoining property.

Registration / Licence: 116168

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 October 2021

Work carried out: Melbourne

Disciplinary action taken

It was alleged and substantiated that between the period August to September 2018, the practitioner breached section 221E(1) of the Act for carrying out plumbing work where a compliance certificate was required when he was not licensed in the relevant classes, and for being guilty of fraudulent conduct in respect of the carrying out of plumbing work.

Fined: $18,174 (100 PU);

Costs: $468;

Disqualification from holding any licence or registration in plumbing for 3 years; and

Publication order granted.

Registration: CBD-L 64892 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 11 October 2021

Project site location: Ballarat North

The practitioner was found to have failed to call for a mandatory inspection (protection of the public precautions) required by the building permit in respect of demolition of an assembly building.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration:

CB-U 5427 / Commercial Builder (Unlimited)
DB-U 8846 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2021

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a)impose condition on registration from 1 December 2021 until 30 November 2023:

The practitioner—

(a)must not without the prior consent of the Authority obtained in writing apply for or allow himself to be named as the builder in a building permit; and

(b)must procure that a company of which he is a nominee director does not without the prior consent of the Authority obtained in writing apply for or allow itself to be named as the builder in a building permit if—

(i)the work to which the permit relates would require the company to hold registration in a class corresponding to a registration held by the practitioner; and
(ii)the practitioner is the only nominee director holding registration in that class.

(b)impose condition with immediate effect (8 October 2021):

The practitioner must, before 31 December 2022, complete a small business financial training course focusing on—

(a)creating a viable business plan;

(b)implementing procedures to facilitate business goals and objectives;

(c)identifying and developing risk management strategies;

(d)implementing, monitoring and revising strategies for the ongoing management of small business finances;

(e)monitoring and reporting on financial performance; and

(f)maintaining day-to-day management of a small business—

and report completion to the Authority.

Registration: BD-M 17947 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2021

Project site location: Golden Point

The practitioner was found to have failed to call for a mandatory inspection (protection of the public precautions) required by the building permit in respect of demolition of a garage.

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: BS-L 33560 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2021

Project site location: Mallacoota

To reprimand the practitioner
To impose penalties totaling ($4,000)
To direct the practitioner to take certain steps regarding a bushfire management plan at the site
To impose a condition on the practitioner’s registration regarding documentary requirements for future building permits involving a bushfire management plan

Summary of grounds

Ground One: Malcolm Findlay contravened section 24(1)(d) of the Building Act 1993, by issuing a building permit that was inconsistent with an associated planning permit, in regard to conditions on the planning permit requiring a bushfire management plan.

Registration: CDB-L 49173 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2021

Project site location: Sunshine North

The practitioner was found to have failed to call for a mandatory inspection (prior to placing a footing – stump holes) required by the building permit in respect of the reblocking of an existing dwelling.

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration / Licence: 104443

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 October 2021

Work carried out: Forest Hill

Disciplinary action taken

It was alleged and substantiated that between the period April to June 2019, the practitioner carried out plumbing work in the class of roofing that did not comply with Part 12A of the Building Act and Plumbing Regulations and had lodged a compliance certificate which contained a misstatement of fact.

Fined: $2,726.10 (15 PU);

Costs: $468;

Publication order granted.

Registration: CDB-U 53131 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 September 2021

Project site location: Canadian

The practitioner was found to have failed to call for 2 mandatory inspections required by the building permit in respect of construction of a single storey dwelling, associated garage and a retaining wall.

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: DB-L 1378 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 September 2021

Project site location: Pearcedale

The practitioner was found to have constructed a swimming pool without a building permit and without the required insurance (contraventions of sections 16(1), 16(4) and 136 of the Act).

The practitioner was found to have also not acted in a competent manner and to a profession standard because he took money from the owners before the required insurance was in place (contravention of regulation 1502).

The practitioner was reprimanded, directed to undertake specific training (legal obligations), suspended for 3 months and had penalties totalling $15,000 imposed.

Registration: CDB-U 66034 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 September 2021

To cancel the practitioner’s registration in the class of domestic builder (unlimited)
To disqualify the practitioner from being registered as a building practitioner in any class for a period of 2 years. The cancellation and disqualification will take effect on 5 November 2021.

Summary of grounds

Ground One: The practitioner obtained registration on the basis of information and/or a document that was false and/or misleading, namely a director’s declaration that failed to disclose relevant probity matters.

Registration: DB-U 21038 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2021

Ground One: Andrew Torcasio contravened section 246 of the Building Act 1993 by knowingly providing false declarations about probity matters in an application for registration.

Ground Two: Andrew Torcasio obtained the renewal of his registration on the basis of information and/or documents that were false, namely false declarations regarding probity matters.

Disciplinary action taken

To reprimand the practitioner
To impose penalties totaling ($15,000)
To cancel registration in the class of domestic builder (unlimited)
To disqualify the practitioner from being registered as a building practitioner in any class for a period of 2 years. The cancellation and disqualification will take effect on 5 November 2021.

Registration: BD-L 29175 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 13 September 2021

Andreano & Son Excavations Pty Ltd, named as the builder in a building permit issued for building work at the site, contravened section 33 of the Building Act 1993, from on or around 27 June 2019 until at least on or about 8 November 2019, by failing to ensure that the relevant building surveyor was notified without delay of the completion of each mandatory notification stage of that work. Under section 179A of the Building Act, that contravention is taken to be a contravention by the practitioner as a director of Andreano & Son Excavations Pty Ltd.

Disciplinary action taken

Reprimand and a penalty of $4,000

Registration: CDB-U 48097 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2021

Project site location: Yarrawonga

The practitioner was found to have failed to call for 3 mandatory inspections required by the building permit in respect of construction of a swimming pool and safety barrier.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $6,000 imposed

Registration: CB-U 5329 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2021

Project site location: Corio

The practitioner was found to have failed to call for a mandatory inspection (foundations) required by the building permit in respect of construction of a control room building and an amenities building.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: BS-U 15013 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 August 2021

Project site location: Canterbury

The practitioner contravened section 24 of the Act and regulation 1502(a) of the Regulations, when he issued a building permit allowing the use of combustible cladding for external walls at the site in 2014.

Disciplinary action taken

The practitioner received a reprimand and monetary penalty of $7,269.60

Registration: BS-U 28992 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 August 2021

Project site location: Richmond

The practitioner was found to have contravened section 44(b) of the Building Act 1993 (Vic.) in that, in 2011, he issued an occupancy permit for a domestic dwelling without having sighted the requisite section 221ZH compliance certificate for the roofing (stormwater) plumbing works.

The practitioner was also found to have failed to carry out his work as building practitioner in a competent matter and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they then were), in that he caused and approved the final mandatory inspection for the works in 2011 when the gutters and downpipes were non-compliant.

Disciplinary action taken

The received 2 reprimands and penalties totaling $4,500.00.

Registration:

CB-L 43674 / Commercial Builder (Limited)
DB-U 43680 / Domestic Builder (Unlimited)

Decision date: 30 August 2021

Immediate suspension of Neville Duncanson

The practitioner has been immediately suspended pursuant to section 180A(2A) of the Building Act 1993 (the Act), as the Authority considers it in the interests of the public to do so pending the show cause process.

The immediate suspension commenced on 2 September 2021 and will conclude at midnight on 31 July 2024 (unless revoked sooner).

Registration: CBD-L 56475 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 27 August 2021

Project site location: Brighton

The practitioner failed to call for a mandatory inspection (completion of safety precautions prior to demolition) required by the building permit relating to the demolition of an existing dwelling and garage

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,500 imposed (payable within 6 months).

Registration: CB-L 45757 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 August 2021

Project site location: Geelong

It was found that the practitioner had constructed a façade parapet at a commercial site in Geelong other than in compliance with the building permit.

It was also found that the builder had failed to ensure that both, the relevant building surveyor approved and endorsed materials were on site at the time the work had commenced and that the requisite approvals from the relevant council for the occupation of streets/footpaths in the vicinity of, and to facilitate, the building work being undertaken, had been obtained.

Disciplinary action taken

The practitioner was reprimanded, had penalties totaling $6,000 imposed, was directed to undertake specific training and had a three-month suspension imposed on their registration.

Registration: BS-U 14435 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site locations:

St Kilda
Balwyn
Thornbury
Taylors Lakes
Springvale

In relation to five sites, the practitioner’s conduct in issuing building permits and occupancy permits was found to amount to breaches of sections 24(1)(a) and 44(a) of the Building Act 1993, breaches of regulation 1502(a) of the Building Regulations 2006, conduct that was negligent in a particular matter and conduct that was unprofessional conduct.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to reprimand the practitioner
to require the practitioner to successfully complete the Graduate Certificate in Performance Based Building and Fire Codes from Victoria University of Technology within 12 months
to impose penalties totalling 165 penalty units ($27,261.30)
to suspend the practitioner’s registration in the class of building surveyor (unlimited) for a total period of 14 weeks. This decision is subject to VCAT review.

Registration: BS-U 1113 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site location: East Ivanhoe, Thornbury, Tarneit

In relation to the use of combustible cladding for external walls at multiple sites between 2016 and 2018.

The practitioner’s conduct in issuing building permits and occupancy permits in the absence of demonstrated compliance contravened sections 24(1)(a) and 44(a) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006 or Building Interim Regulations 2017.

Disciplinary action taken

The disciplinary action taken was:

To reprimand the practitioner
To impose penalties totaling $50,887
To impose a condition on the practitioner’s registration for 12 months to prohibit him from accepting appointments as a relevant building surveyor for buildings with a rise in storeys of 4 or more after 24 September 2021
To direct the practitioner that unless or until he completes a Graduate Certificate in Performance-Based Building & Fire Codes from Victoria University:

he must not make a determination that a performance solution complies with a fire performance requirement unless he relies on a certificate under section 238 of the Act from a fire safety engineer; and
he must not issue a building permit for which he relies on a section 238 certificate from a fire safety engineer unless the certificate lists the plans and specifications for the building work certified as setting out the performance solution design and those certified plans and specifications are the same plans and specifications approved and endorsed with the relevant building permit.

Registration: BD-L 33898 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site location: Deer Park

The practitioner was found to have failed to call for a mandatory inspection (precautions prior to building work) required by the building permit in respect of demolition of a dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration: CDB-U 50198 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 August 2021

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of a mandatory inspection (completion of precautions required to be undertaken under regulation 116) required by the building permit in respect of the demolition of an existing front fence and the construction of retaining walls, front fence and alterations to existing dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: CDB-L 58334 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 August 2021

Project site location: Darley

The practitioner failed to call for 2 mandatory inspections (footings and bond beam) required by the building permit relating to the construction of a swimming pool and safety barrier.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed (payable within 6 months).

Registration: CDB-M 49762 / Domestic Builder (Manager)

Decision date: 10 August 2021

Project site location: Bulleen

Reprimand and suspension of registration for 3 months

Summary of grounds

The practitioner failed to pay an adjudicated amount in accordance with the Building and Construction Industry Security of Payment Act 2002.

This constituted a ground for disciplinary action under section 179(1)(n) of the Building Act 1993.

Registration: DB-U 36442 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 August 2021

Project site location: Strathmore

Disciplinary action taken

The disciplinary action taken in respect of the two grounds was:

to reprimand the practitioner
to impose penalties totalling $5000
to impose two courses of training on the practitioner, being, ‘CPCCBC4003 – Select, prepare and administer a construction contract’ and ‘CPCCBC4009 – Apply legal requirements to building and construction project’.

Summary of grounds

Ground One - The Practitioner failed to carry out his work in a competent manner and to a professional standard.

Ground Two – The practitioner failed to comply with section 221ZLA(2) of the Act by failing to provide a certificate of plumbing compliance to the owner of the Site within 5 days of receiving it.

Registration: DB-U 23135 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 August 2021

Project site location: Glen Iris

It was determined that grounds for disciplinary action existed against the practitioner, for the following conduct by the company of which he was a director:

Carrying out building work under a major domestic building work that was not covered by the required insurance;
Twice carrying out building work without a building permit;
Carrying out building work not in accordance with the building permit and the Building Code of Australia;
Failing to notify the relevant building surveyor of the completion of a mandatory notification stage of work;
Engaging unlicensed and unregistered persons to carry out plumbing work; and
Engaging a plumber to carry out plumbing work that required a compliance certificate when they were not licensed in the relevant class.

The practitioner was also determined to have personally engaged in unprofessional conduct because he created invoices which were false.

Disciplinary action taken

Because of the above conduct, the practitioner was determined to not be a fit and proper person to practise as a building practitioner.

The practitioner’s registration was cancelled as is mandatory under the Building Act 1993 where a not fit and proper finding is made. Because of that finding, the practitioner was also disqualified from registration in any category or class for 18 months.

Additionally, 12 reprimands, aggregate penalties of $40,000 and various concurrent suspensions over a period of 18 months were imposed.

Registration: CDB-L 54479 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 2 August 2021

Project site location: Buninyong

The practitioner was found to have failed to call for a mandatory inspection (piers & preslab) required by the building permit in respect of construction of a shed.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration: CDB-U 53863 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 July 2021

Project site location: Hawthorn East

The practitioner, named as the builder in a building permit issued for building work at the site, contravened section 33 of the Building Act 1993, from on or about 20 March 2020 until on or about 3 August 2020, by failing to ensure that the relevant building surveyor was notified without delay of the completion of each mandatory notification stage of that work.

Disciplinary action taken

Reprimand and a penalty of $3,000.

Registration: DB-U 47470 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 July 2021

Project site location: Princes Hill

The practitioner was found to have failed to call for a mandatory inspection (frame) required by the building permit in respect of alterations to a dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration:

DB-U 3639 / Domestic Builder (Unlimited)
CB-U 2836 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 July 2021

Disciplinary action taken

Disciplinary action was taken under the ground that there existed the ground for immediate suspension set out in section 180(a) of the Building Act 1993—the practitioner is an officer of a body corporate subject to external administration.

The disciplinary action taken is:

(a) impose registration condition with effect from 1 September 2021:

The practitioner, in the period ending on 3 May 2023—

(a) must not, without the prior consent of the Authority obtained in writing, apply for or allow himself to be named as the builder in a building permit; and

(b) must procure that a company of which he is a nominee director does not, without the prior consent of the Authority obtained in writing, apply for or allow itself to be named as the builder in a building permit if—

(i) the work to which the permit relates would require the company to hold registration in a class corresponding to a registration held by the practitioner; and

(ii) the practitioner is the only nominee director holding registration in that class.

Registration: CDB-U 62345 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 July 2021

The practitioner contravened section 175C of the Building Act 1993 by not giving the Victorian Building Authority written notice within 5 business days after it ceased to have a nominee director.

Disciplinary action taken

Penalty of $10,000.

Registration: CDB-U 66034 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 July 2021

The practitioner was found to have obtained registration under Part 11 of the Building Act 1993 (the Act) on the basis of information and/or a document that was false and/or misleading insofar as matters which were required to be disclosed by the company director, constituting a ground for disciplinary action under section 179(1)(h) of the Act.

The Authority cancelled the practitioner’s registration and disqualified it from registration in any class or category of building practitioner for the maximum period (3 years).

Registration:

CCB-U 62608 / Commercial Builder (Unlimited)
CDB-U 62607 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 July 2021

A ground for taking disciplinary action as provided by section 179(1)(o) was upheld against the Company insofar as it is a body corporate and did not/does not have the requisite nominee director for its registrations under the Act which is a ground under section 180(e) for immediate suspension.

Disciplinary action taken

The practitioner’s two registrations (commercial unlimited and domestic unlimited) were cancelled.

Registration: CDB-U 48594 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 July 2021

Project site location: Wodonga

The practitioner was found to have failed to call for a mandatory inspection (completion of framework) required by the building permit in respect of the construction of a dwelling, attached garage and retaining walls.

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration: CDB-U 52824 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 July 2021

Project site location: Canterbury

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of two mandatory inspection stages (before placing a footing and the completion of framework) required by the building permit in respect of internal alterations and additions to an existing dwelling.

The practitioner was reprimanded and had a penalty of $1,500 imposed.

Registration: BS-U 18514 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 July 2021

Project site locations:

Carnegie
Frankston
Sandringham
St Kilda
South Yarra
Docklands

The practitioner failed to comply with a notice to produce documents issued by an authorized officer of the VBA. This contravened section 229F of the Act and constituted unprofessional conduct.

Disciplinary action taken

Reprimands for each of Grounds 1 and 2
Penalties totaling $8,261
suspension of the practitioner’s registration in the classes of building surveyor (unlimited) for an effective period of 2 months

Registration: BD-L 47917 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 30 June 2021

Project site location: Benella

The practitioner was found have failed to call for two mandatory inspections (completion of precautions and final) required by the building permit in respect of the demolition of a dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration: DB-M 29072 / Domestic Builder (Manager)

Decision date: 30 June 2021

Project site location: Ringwood

Referral from Domestic Building Dispute Resolution Victoria (DBDRV) that a Breach of Dispute Resolution Order Notice was issued to the practitioner relating to a single site, which is a ground for disciplinary action under s.179(1)(db) of the Building Act 1993.

Disciplinary action taken

The Authority imposed a partial suspension of the practitioner’s registration for 3 years from 12 July 2021 (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), wholly suspending the practitioner’s registration save and except for:

any work at the site the subject of the dispute resolution order; and
For first 60 days only, any building work at any site where the building permit was issued prior to service of the decision.

Registration:

DB-U 38590 / Domestic Builder (Unlimited)
CB-U 62733 / Commercial Builder (Unlimited)
CB-L 38281 / Commercial Builder (Limited)

Decision date: 29 June 2021

Immediate Suspension of Tino Filippelli

The practitioner’s registration was immediately suspended, commencing on 1 July 2021, because the practitioner holds office in a company which is under external administration. The immediate suspension will conclude on 31 May 2024 (unless revoked sooner).

The Authority must revoke the immediate suspension if the practitioner no longer holds office in a company which is under external administration.

Registration: BD-M 33506 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 29 June 2021

Project site location: Wangaratta

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of two mandatory inspection stages (precautions required under regulation 116 or 117 and final) as required by the building permit in respect of the demolition of a dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration:

CCB-L 59773 / Commercial Builder (Limited)
CDB-U 59772 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2021

Project site location: Altona North

The practitioner was found have failed to have paid an adjudicated amount due to be paid under the Building and Construction Industry Security of Payment Act 2002 which is a ground for disciplinary action under the Building Act 1993.

Disciplinary action taken

The practitioner was reprimanded and both its registrations under the Act were suspended for a month.

Registration / Licence: 45278

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 June 2021

Work carried out: Caulfield

1 x 221ZW(5) for failing to comply with a rectification notice issued by the VBA.

1 x 221ZJ for lodging a compliance certificate containing misstatement of fact

Disciplinary action taken

It was alleged and substantiated that the practitioner lodged a compliance certificate which contained a misstatement of fact and failed to comply with a rectification notice issued by the VBA

Fined: $4,956.00

Costs: $234.00;

Publication order granted.

Registration / Licence: 43278

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 June 2021

Work carried out: Caulfield

1 x 221FA for carrying out plumbing work (in roofing) that did not comply with Part 12A of the Act or the Plumbing Regulations.

1 x 221ZJ for lodging a compliance certificate containing misstatement of fact

1 x 221ZW(5) for failing to comply with a rectification notice issued by the VBA.

Disciplinary action taken

It was alleged and substantiated that the practitioner carried out plumbing work in the class of roofing that did not comply with Part 12A of the Building Act or the Plumbing Regulations, lodged a compliance certificate which contained a misstatement of fact and failed to comply with a rectification notice issued by the VBA

Fined: $10,739.30 (65 PU);
Costs: $234.00;

Order that the practitioner complete training or otherwise demonstrate competency in fabricate and install roof drainage components (CPCPRF3022A) and fabricate and install external flashings (CPCPRF3023A) or their gazetted equivalent within 12 months from the date of this Order, failing which the practitioner’s plumbing licence will be suspended until compliance with this training direction; and

Publication order granted.

Registration: CDB-M 48401 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 25 June 2021

Project site location: Bonbeach

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of a mandatory inspection (completion of framework) required by the building permit in respect of the construction of a multi-residential development.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $6,000 imposed.

Registration: BS-U 14812 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 June 2021

Project site locations:

Hawthorn
Fitzroy
Brighton East
Armadale
Malvern East

The practitioner contravened section 24 of the Building Act 1993, by issuing building permits where the practitioner was not satisfied that the building works at the five sites would comply with the Building Code of Australia.

For two of the five sites, the contraventions of section 24 were sufficient to warrant a finding of unprofessional conduct. Decision is now subject to VCAT Review.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to reprimand the practitioner
to impose penalties totalling 60 penalty units ($9,913.20)
to suspend the practitioner’s registration in the class of building surveyor unlimited for a period of 2 months.

Registration: CB-L 43139 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2021

Condition imposed on registration:

The practitioner—

(a)must disclose—

(i)the fact of the external administration; and

(ii)the terms of these registration conditions—

to prospective clients; and

(b)must, within 6 weeks after each of 30 June 2021, 31 December 2021, 30 June 2022 and 31 December 2022, report to the Authority on his financial circumstances including but not limited to—

(i)his assets and liabilities (at valuation);

(ii)his total cash holdings (including cash at bank) and his total debt;

(iii)the number of jobs and related cost of works in the preceding 6 months;

(iv)his income for the preceding 6 months.

Summary of grounds

Officer of a body corporate subject to external administration

Registration: EF 14064 / Engineer (Fire Safety)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2021

Project site location: Melbourne CBD Neo 200 Building

With respect to his fire engineering design work, as a principal of Thomas Nicolas, for the Neo 200 Building in 2004, the practitioner was found to have failed to consider, properly or at all, the proposed use of non-compliant combustible cladding; failed to consider the fact that combustible cladding was configured vertically and thereby constituted a non-compliant fire risk; failed to consider how the deletion of sprinkler protection satisfied performance requirements given the approval of combustible cladding; failed to carry out his work in a competent manner and to a professional standard in ten further specified ways.

Disciplinary action taken

Two grounds of unprofessional conduct and two grounds of contravention of regulations 15.2/1502 substantiated.

The practitioner received 4 reprimands, aggregate monetary penalties of $12,000 and his fire safety engineering registration was suspended for 6 months.

(There was a fire in the wall system of the building in January 2019.)

Registration / Licence: 114196

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 16 June 2021

Work carried out:

Bentleigh
East Bentleigh
Newport
Pascoe Vale

3 x 221ZP(2) for covering below ground drainage work without the VBA being advised that it was ready for inspection and without the VBA’s authorisation;
5 x 221ZH(2) for failing to lodge and provide a compliance certificate for the work carried out within 5 days as required; and
3 x 221G(1)(b) for directing other persons to carry out plumbing work that was defective in workmanship.

Disciplinary action taken

It was alleged and substantiated that the practitioner failed to lodge compliance certificates for plumbing work carried out across 5 different sites on a number of occasions, failed to offer below ground drainage work for the inspection by the Authority and directed other persons to carry out defective plumbing work on his behalf.

Fined: $16,522.00 (100 PU);
Costs: $468.00;
Plumbing licence in all classess suspended for 12 months effective from 16/6/2021, with the suspension suspended on the condition that the practitioner does not breach any requirement under the Building Act during the period of the suspension of the suspension; and
Publication order granted.

Registration: DB-U 18486 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

Registration: DB-U 10413 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

Registration: CDB-U 49366 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

Project site location: ALFREDTON

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of a mandatory inspection (framework) required by the building permit in respect of the construction of a single storey dwelling and garage.

The practitioner had a penalty of $2,000 imposed.

Registration / Licence: 103229

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 15 June 2021

Work carried out: Warragul

It was alleged and substantiated that the practitioner carried out roofing work that did not comply with the Act and Regulations and failed to comply with rectification notice issued by the VBA.

2 x 221FA for carrying out roofing work which did not comply with the Act and Regulations
1 x 221ZW(5) for failing to comply with rectification notice issued by the VBA

Disciplinary action taken

Fined: $6,608.80 (40 PU);
Costs: $936.00;
Undertake further training CPCPRF3022A – Fabricate and install roof drainage components (or the gazetted equivalent) within 12 months, failing which the practitioner plumbing licence will be suspended;
Order that the practitioner offer next 5 CC in roofing to be audited by the VBA; and
Publication order granted.

Registration: DB-U 17305 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registration was cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

DB-U 12663 / Domestic Builder (Unlimited)
CB-L 36543 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

Condition imposed on registrations:

The practitioner—

(a) must not without the prior consent of the Authority obtained in writing apply for or allow himself to be named as the builder in a building permit; and

(b) must procure that a company of which he is a nominee director does not without the prior consent of the Authority obtained in writing apply for or allow itself to be named as the builder in a building permit if—

(i) the work to which the permit relates would require the company to hold registration in a class corresponding to a registration held by the practitioner; and

(ii) the practitioner is the only nominee director holding registration in that class.

(c) must not (and must procure that a company described in paragraph (b) does not)—

(i) take a deposit or a progress payment;

(ii) handle clients’ moneys for materials or services provided by third parties—

in connection with building work authorised by the practitioner’s domestic builder registration;

(d) must disclose—

(i) the fact of the external administration; and

(ii) the terms of these registration conditions—

to prospective clients; and

(e) if seeking the consent of the Authority for the purposes of paragraph (a) or (b), must produce evidence to the Authority that the person for whom the work is to be done received the disclosures required by paragraph (d).

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

CB-U 2075 / Commercial Builder (Unlimited)
DB-U 2075 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

Registration: DB-U 45007 / Domestic Builder (Unlimited)

Decision date: 11 June 2021

Project site location: Doncaster

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of a number of mandatory inspections (before placing a footing, before pouring an in situ reinforced concrete member and the completion of framework) required by the building permit in respect of a six-townhouse development and associated garages.

The practitioner was reprimanded and had a penalty of $6,000 imposed.

Registration: CCB-U 62608 / Commercial Builder (Unlimited)

Decision date: 11 June 2021

The corporate practitioner’s registration was immediately suspended, commencing on 16 June 2021, because it has no nominee director. The immediate suspension will conclude on 1 June 2024 (unless revoked sooner). The Authority must revoke the immediate suspension if a nominee director is appointed.

Registration: CDB-U 49861 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2021

Project site location: Forest Hill

The practitioner was found to have failed to call for a mandatory inspection (prior to placing a footing) required by the building permit in respect of the construction of a single storey dwelling with associated garage.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000.

Registration: BS-U 14716 / Building Surveyor (Unlimited)

Decision date: 4 June 2021

Project site locations:

Carlton
Brunswick East
Heidelberg
Clayton
Oakleigh
Middle Park

The practitioner contravened section 24 and 44 of the Act, by issuing building permits and occupancy permit, where the practitioner was not satisfied of compliance or could not have been certain that a building was suitable for occupation at multiple sites.

Subject to VCAT Review.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to reprimand the practitioner
to impose penalties totalling $19,500
to suspend the practitioner’s registration in the classes of building surveyor (unlimited) for an effective period of 2 months.

Registration: BS-U 18065 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 June 2021

Project site locations:

Prahran
Glen Iris
Brunswick East

The practitioner contravened section 24 and 44 of the Act and regulation 1502(a) of the Regulations, by issuing building permits and occupancy permit, where the practitioner was not satisfied of compliance or could not have been certain that a building was suitable for occupation at multiple sites.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

To reprimand the practitioner
to impose penalties totaling $9,000
to suspend the practitioner’s registration in the classes of building surveyor (unlimited) for an effective period of 2 months.

This decision is subject to VCAT review.

Registration / Licence: 40224

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 2 June 2021

Work carried out:

Travancore
Bulleen

3 x 221FA for carrying out plumbing work that did not comply with the Act and Regulations
3 x 221ZJ for lodging a compliance certificate containing a misstatement of fact.
1 x 221ZW(5) for failing to comply with rectification notice within timeframe required.
1 x 221ZH(2) for failing to lodge a compliance certificate within 5 days

Disciplinary action taken

It was alleged and substantiated that the practitioner carried out and/or had allowed others to carry out roofing work that did not comply with the Act or Regulations, had failed to lodged compliance certificate within 5 days, had lodged compliance certificates containing misstatement of facts as well as failed to comply with rectification notice issued by the VBA. The following aggregate disciplinary outcome was imposed.

Fined: $6,608.80 (40 PU);
Costs: $467.50;
Suspension of Licence 21 days from the day of hearing pending completion of core competency units for roofing.;
Publication order granted.

Registration:

BD-L 31914 / Demolisher (Low rise)
CB-U 2187 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 May 2021

Practitioner/practitioner’s company is not to be shown as builder on a building permit without written consent of Authority

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

DB-U 29823 / Domestic Builder (Unlimited)
CB-U 37056 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 May 2021

Project site location: Bentleigh

The practitioner contravened section 16 of the Act and regulation 1502(a) of the Regulations, by installing materials on the garage door and external walls of the site contrary to the specifications in the architectural drawings endorsed in the building permit.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to impose penalties totaling $14,869.60
to suspend the practitioner’s registration in the classes of domestic builder (unlimited) and commercial builder (unlimited) for an effective period of 2 months.

Registration / Licence: 38176

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 May 2021

Work carried out: Sale

Disciplinary action taken

It was alleged and substantiated that the practitioner had directed or permitted another person to carry out Type A appliance servicing work when that person was not licensed or registered by the Authority, that the practitioner had directed or permitted another person to carry out plumbing work that did not comply with plumbing laws, and for lodgement of compliance certificates containing mistatements of fact.

Fined: $9,913.20;
Costs: $467.50;
Publication order granted.

Summary of allegations

1 x 221G(1)(a) for directing or permitting another person (Mr Daniel Blakey) to carry out Type A appliance servicing work, when Blakey was not licensed or registered;
1 x 221G(1)(b) for directing or permitting another person (Mr Daniel Blakey) to carry out plumbing work that did not comply with plumbing laws;
3 x 221ZJ for lodging compliance certificates containing mistatement of fact.

Registration / Licence: 102263

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 20 May 2021

Work carried out: Sale

Disciplinary action taken

Fined: $1,982.64;
Costs: $78.00;
Publication order granted.

Summary of allegations

It was alleged and substantiated that the practitioner carried out specialised plumbing work in Type A appliance servicing when not licensed or registered by the VBA, and carried out plumbing work that did not comply with Part 12A of the Act or the Plumbing Regulations.

1 x 221F(1) for carrying out specialised plumbing work in Type A appliance servicing when not licensed or registered by the VBA

1 x 221FA for carrying out plumbing work that did not comply with Part 12A of the Act or the Plumbing Regulations.

Registration: CDB-U 52578 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2021

Project site location: Highett

The practitioner carried out demolition work at a site before a building permit had issued. The Practitioner had been informed the building permit would issue the day it authorised the work to commence.

The practitioner contravened sub-sections 16(1) and 16(4) of the Act.

Disciplinary action taken

The practitioner received total penalties of $10,000 having made representations with respect to various mitigating factors and notably a change in process which had been made in order to avoid further contraventions.

Registration: CDB-U 51859 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2021

Project site location: Cobaw

The practitioner was found to have failed to call for a mandatory inspection (completion of framework for the sub-floor) required by the building permit in respect of the construction of a new dwelling, including carport and deck.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: CDB-U 52430 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Maidstone

Referral from Domestic Building Dispute Resolution Victoria (DBDRV) that a Breach of Dispute Resolution Order Notice was issued to the practitioner relating to a single site, which is a ground for disciplinary action under s.179(1)(db) of the Building Act 1993.

Disciplinary action taken

The Authority imposed a reprimand and a partial suspension of the practitioner’s registration for 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), wholly suspending the practitioner’s registration save and except for:

any work at the site the subject of the dispute resolution order; and
any building work ordered to be carried out by the practitioner or its nominee pursuant to any building order or direction to fix issued by the Authority, a relevant building surveyor, a designated building surveyor or a municipal building surveyor.

Registration:

DB-U 43680 / Domestic Builder (Unlimited)
CB-L 43674 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Maidstone

The practitioner was found to have contravened section 49B(5) of the Domestic Building Contracts Act 1995 (the DBCA), in that he failed to comply with a dispute resolution order of the DBDRV pursuant to section 49 of the DBCA.

The practitioner was also found to have contravened regulation 1502(a) of the 2006/2017 building regulations, and then regulation 265(a) of the 2018 building regulations (as were in force during the relevant period respectively), in that he failed to ensure that major domestic building works were carried out in accordance with the requirements of the builder’s warranties set out in section 8 of the DBCA.

Disciplinary action taken

In respect of the first ground, the Authority imposed a reprimand and a partial suspension of the practitioner’s registrations in the classes of DOMESTIC BUILDER – UNLIMITED and COMMERCIAL BUILDER LIMITED for a period of 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), wholly suspending the practitioner’s registrations save and except for:

any work at the site the subject of the dispute resolution order; and
any building work ordered to be carried out by the practitioner or its nominee pursuant to any building order or direction to fix issued by the Authority, a relevant building surveyor, a designated building surveyor or a municipal building surveyor.

In respect of the second ground, the Authority imposed a further reprimand and directed the practitioner to complete training course ‘CPCCBC4001 - Apply building codes and standards to the construction process for Class 1 and 10 buildings’.

The partial suspension ended on 2 September 2021 because it was revoked.

Registration:

BS-U 28986 / Building Surveyor (Unlimited)
IN-U 28517 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Sunbury

The practitioner contravened section 24(1)(a) of the Act, regulation 265(a) of the Building Regulations 2018, and was negligent when he issued a building permit for a pool safety barrier when he couldn’t be satisfied that the barrier would comply with the Building Act 1993 and building regulations, and approved the barrier at the final mandatory stage inspection when it did not comply and had not been built in accordance with the building permit.

Disciplinary action taken

The practitioner received reprimands, monetary penalties of $2,400, was required to complete training regarding pool barriers and had a condition imposed on his registrations that until that training is completed, he cannot accept any appointments and/or issue any building permits for pools and safety barriers.

Registration: CDB-U 53131 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 May 2021

Project site location: Mickleham

The practitioner was found to have failed to call for a mandatory inspection (completion of framework) required by the building permit in respect of the construction of a new dwelling and garage.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed (with 12 months to pay).

Registration: DB-U 12881 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 May 2021

Project site location: Daylesford

The practitioner was found to have failed to call for a number of mandatory inspections (foundation; sub-floor frame and frame) required by the building permit in respect of additions and alterations to a detached dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed.

Registration: DB-U 27538 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 May 2021

Project site location: Officer

The practitioner was found to have failed to call for any of the mandatory inspections required by the building permit in respect of the construction of a swimming pool and safety barrier.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $4,000 imposed (payable within 6 months).

Registration: BS-U 1111 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 May 2021

Project site locations:

Caulfield North
Hughesdale
Camberwell

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations, engaged in conduct that was negligent in a particular matter, and engaged in unprofessional conduct, when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at 4 sites between 2011 and 2014. Subject to VCAT review.

Disciplinary action taken

The disciplinary sanctions taken in respect of the 24 grounds found to be substantiated were, in summary:

Reprimand
$32,000 in penalties
5 month suspension

Registration: CDB-L 58334 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 5 May 2021

Project site location: Sunbury

The practitioner was found have failed to call for a number of mandatory inspections (the completion of excavations, before pouring an in situ reinforced concrete member specified by the relevant building surveyor and the completion of precautions stages) required by the building permit in respect of the construction of a swimming pool and safety barrier.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed (payable within 6 months).

Registration: DB-M 29798 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 5 May 2021

Project site location: Gisbourne

With respect to building work consisting of the construction of a dependant person’s unit, the practitioner was found by the Authority to have contravened:

section 16(1) of the Building Act 1993 (Vic.)(the Act), in that he caused, permitted, directed or procured the carrying out of building work where a building permit had not been issued and was not in force under the Act;
section 136(2) of the Act, in that he carried out, managed and/or arranged domestic building work under a major domestic building contract, when not covered by the required insurance; and
regulation 265(a) of the Building Regulations 2018 (Vic.) (the 2018 Regulations), in that he was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard by causing moneys to be demanded, accepted and retained from the owners when not entitled under the Domestic Building Contracts Act 1995 and as he failed to exercise a sufficient level of supervision, management and/or care with respect to the building work and company personnel associated with the building work.

The Authority imposed a 9-month partial suspension of the practitioner’s registration prohibiting new projects, a condition prohibiting the practitioner from allowing his company, Natina Homes & Developments Pty Ltd (of which he is the sole nominee director), to enter into new contracts during that suspension period and a disqualification prohibiting the practitioner from obtaining registration in any new class or category during the 9 month partial suspension period (in light of the transitional provisions for the class of Domestic Builder - Manager). The Authority also imposed penalties totalling $13,000.00 and a reprimand.

Registration: CDB-U 59886 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Avondale Heights

The practitioner was found to have contravened section 16(1) of the Building Act 1993, in that, in respect of building work consisting of the demolition of a carport attached to a dwelling, it caused, permitted, directed or procured the carrying out of that building work where a building permit had not been issued and was not in force.

The practitioner was also found to have acted in contravention of regulation 117(1) of the Building Regulations 2018 with respect to that carport demolition, in that it caused, permitted, directed or procured that demolition work to be carried out without the appropriate precautions being taken in accordance with, and as required by, regulation 117(1) of the Regulations and AS 2601-2001.

Disciplinary action taken

The practitioner received a reprimand and a penalty of $5,000.00 was imposed. In addition, the Authority directed that the company cause its nominee director, Flynn Caulfield, to complete training course ‘CPCCBC4009 - Apply legal requirements to building and construction projects’.

Registration: CDB-U 53956 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Montmorency

The practitioner was found have failed to call for a mandatory inspection required by the building permit in respect of alterations and additions to an existing dwelling (specifically, the completion of framework for the front canopy frame).

Disciplinary action taken

The practitioner was reprimanded and a penalty of $2,000 was imposed payable in 6 months.

Registration:

CB-L 41135 (CANCELLED) / Commercial Builder (Limited) (CANCELLED)
DB-U 39595 (EXPIRED) / Domestic Builder (Unlimited) (EXPIRED)

Decision date: 30 April 2021

Project site location: Thornbury

Disciplinary action taken

On appeal to VCAT, the Tribunal upheld the Authority’s findings as to 8 grounds of disciplinary action:

at the time it determined liability on 6 October 2020, the VCAT found that a ground for immediate suspension existed, in that the practitioner was the officer of a body corporate under external administration at that time;
a contravention of section 11(1)(a) of the Domestic Building Contracts Act 1995 (DBCA), in that the practitioner demanded and received a deposit of more than 5% in respect of a domestic building contract where the contract price was more than $20,000;
a contravention of section 137 of the Building Act 1993 (the Act), in that the practitioner held himself and/or his company out as being covered by the required insurance when he and/or the company were not in fact covered by the required insurance;
a count of unprofessional conduct (ground under s.179(1)(b) of the Act), in that the practitioner made representations to the owner of the site which he knew or ought to have known were false and/or misleading;
a contravention of regulation 1502(a) of the Building Regulations 2006 (as were in force at the relevant time) with respect to the practitioner’s failure to carry out his work as a building practitioner in a competent manner and/or to a professional standard, in that he demanded and then accepted and retained, and/or caused his company to demand, accept and then retain the deposit when neither he nor his company were entitled to do so under the contract and/or the relevant Ministerial Orders;
a further contravention of regulation 1502(a) of the Building Regulations 2006, in that the practitioner failed to ensure that the contract was compliant with regulation 13(1)(a) of the Domestic Building Contracts Regulations 2017, in that he failed to obtain a warning in the form of Form 1 in Schedule 1 signed by the building owner before signing the contract and circumstances where the parties sought to vary the payment schedule under the contract pursuant to section 40(4) of the DBCA;
a further count of unprofessional conduct, in that the practitioner failed, or failed to cause his company, to deal with the deposit moneys paid in accordance with the terms of the contract, expended and/or disbursed, and/or cause the company to expend and/or disburse, deposit moneys paid in circumstances where he and/or the company were not entitled to expend or disperse any of the deposit moneys and subsequently failed, and/or failed to cause the company, to return and/or to properly account for the deposit moneys to the owner upon the termination of the contract;
on the basis of the preceding grounds, the practitioner was found not to be a fit and proper person to practise as a building practitioner.

With respect to those grounds, the Tribunal upheld the Authority’s decision to cancel the practitioner’s registration CB-L 41135* and to disqualify the practitioner for applying for registration in any class/category for the maximum period (3 years) in the State of Victoria.

The Tribunal also imposed 3 reprimands and penalties totalling $31,092.00.

* The domestic builder registration DB-U 39595 expired during the appeal period.

Registration: CDB-U 49640 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Thornbury

The practitioner was found to have failed to call for mandatory inspections required by the building permit in respect of the construction of a new 2 storey building.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,000 imposed.

Registration / Licence: 112952

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 April 2021

Work carried out: Travencore

Disciplinary action taken

Fine: Aggregate of 100 Penalty Units ($16,522.00)
Costs: $234.00
Plumbing licence in all classes suspended for 12 months.

It was alleged and substantiated that the practitioner failed to arrange for drainage inspection before drainage work had been covered on 6 occassions across 6 separate sites

6 x 221ZP(2) for failing to arrange for drainage inspection (one allegation per site across 6 different sites)

Disciplinary action taken

Reprimand
Fined: $4,956.60 (30 PU)
Costs: $117

Registration: BS-U 26220 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 April 2021

Project site locations:

Gladstone Park
Greenvale

Disciplinary action taken

The disciplinary sanctions taken in respect of the four grounds found to be substantiated were, in summary:

To reprimand the practitioner;
To impose penalties totaling $2,250

Summary of grounds

The 4 Grounds of Disciplinary Action under Section 179(1)(a)(i) of the Building Act 1993 (the Act)for the sites were in relation to the construction of a swimming pool and associated safety barrier at each site.

For the Gladstone Park site the practitioner contravened section 24(1)(a) of the Act and regulation 1502(a) of the Regulations.

For the Greenvale site the practitioner contravened section 24(1)(a) of the Act and regulation 265(a) of the Regulations.

Registration: CDB-U 58380 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 April 2021

Project site location: Seddon

The practitioner was found to have contravened section 16(1) of the Building Act 1993 (Vic.)(the Act), in that it carried out, caused or permitted the carrying out of building work for which a building permit had not been issued and was not in force under the Act (Ground 1) and section 16(4A) of the Act in that, as the builder named in the building permit, it failed to ensure that the building work the permit applied to was carried out in accordance with the Act, the building regulations and the building permit (Ground 2).

Disciplinary action taken

The practitioner was reprimanded and a penalty of $3,000.00 was imposed in total (reduced to $2,000.00 if the practitioner’s nominee director completes course CPCCBC4009 - Apply legal requirements to building and construction projects’ by 28 April 2022).

Registration: DB-U 9552 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 April 2021

The practitioner was found to contravened section 49B(5) of the Domestic Building Contracts Act 1993 (DBCA), in that the practitioner’s company, L.E.C. Builders and Designers Pty. Ltd (and therefore Mr. Elliot, as its director, by virtue of section 179A of the Act) failed to comply with a dispute resolution order (DRO) issued by Domestic Building Dispute Resolution Victoria (DBDRV) by failing to make payment of moneys ordered by the DRO to the site owners.

Disciplinary action taken

The practitioner was reprimanded, and his registration suspended for a period of 3 years, commencing on 15 April 2021 OR until the Authority received notice from DBDRV that the breach of dispute resolution order notice was cancelled pursuant to section 49V of the DBCA (if that occurred sooner). Cancellation under section 49V required settlement of the dispute.

The Authority on 19 April 2021 received notice from DBDRV that the breach of dispute resolution order notice was cancelled, ending the suspension on that day.

Registration: BS-U 1575 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 March 2021

Project site locations:

Rippleside
Geelong

The practitioner was found to have issued a building permit approving use of a wall system for external walls using timber framing without having sufficient documentation to support such approval.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $3,000 imposed.

Registration:

DB-U 1189 / Domestic Builder (Unlimited)
IN-L 42432 / Building Inspector (Limited)

Decision date: 31 March 2021

On appeal, the Victorian Civil and Administrative Tribunal affirmed the Building Practitioners Board’s decision regarding guilt, that the practitioner had, on 85 occasions, failed to comply with s 176(1A)(a) of the Building Act 1993 because he practised as a building inspector when he was not registered to do so. At the time of the conduct, the practitioner was registered only as a domestic builder and not a building inspector.

Disciplinary action taken

The practitioner was reprimanded, fined $4,000 and ordered to pay costs of $8,070.

Registration: CDB-U 62345 / Domestic Builder (Unlimited)

Decision date: 30 March 2021

Summary of grounds

The corporate practitioner’s registration was immediately suspended, commencing on 31 March 2021, because it had no nominee director. The immediate suspension was revoked on 30 June 2021 because a nominee director was appointed.

Registration: BS-U 1471 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 March 2021

Project site locations:

Greenvale
Various sites

Firstly, with respect to a site in Greenvale, the practitioner was found to have acted in contravention of section 24(1)(a) of the Building Act 1993, in that he issued a building permit for a swimming pool and safety barrier in circumstances where he ought not to have been satisfied that the building work and the building permit would comply with the Building Act and regulations as the application documents failed to satisfy the minimum standard set by regulation 302 of the Building Regulations 2006 (2006 Regulations) and as there was insufficient information to demonstrate compliance with the relevant Australian Standard (AS1926.1, as required by regulation 301(3)). The Authority imposed a reprimand and a $500.00 penalty with respect to this ground.

In relation to a separate matter, the practitioner was found to have engaged in unprofessional conduct, in that he was found to have facilitated the issue of documents purporting to be occupancy permits and certificates of final inspection bearing the name, registration number and facsimile signature of a previously employed registered building practitioner without that practitioner’s knowledge and/or authorisation.

With respect to that ground, the Authority imposed a reprimand, a penalty of $4,500, a partial suspension of the practitioner’s registration for 120 days (being a prohibition on new appointments during that period) and directed that he undertake a specified course of training, namely ‘CPCCBS6103 – Identify and apply legal and ethical requirements to building surveying functions’.

Registration: CDB-U 62445 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 March 2021

The body corporate practitioner ceased to have a nominee director as required under the Act which is a ground for disciplinary action to be imposed under 179(1)(ha) of the Act.

The body corporate practitioner also failed to notify the VBA as required under section 175C of the Act of the cessation of a nominee director.

Disciplinary action taken

For Ground One, the company’s registration was cancelled (with effect from 24 March 2021) and for Ground Two, a penalty of $5,000 was imposed.

The amount of the penalty reflects that the company had been placed in external administration.

Registration: BS-U 1245 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 March 2021

Project site locations:

Torquay
Hampton

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations, engaged in conduct that was negligent in a particular matter, and engaged in unprofessional conduct, when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at 3 sites between 2011 and 2016.

Disciplinary action taken

A condition is imposed on his registration for 2 years to prohibit him from issuing building permits for Class 1a(b), Class 1b, and Class 2-9 buildings.

The practitioner received reprimands and total penalties of $24,782 (150 penalty units).

The practitioner is also required to undertake training in evaluating construction methods and materials and assessing performance solutions for Class 2 to 9 buildings to three storeys.

Registration: DB-L 32535 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 February 2021

Project site location: Seaford

The practitioner was partially suspended for 6 months.

Disciplinary action taken

The practitioner was engaged by home-owners to construct a masonry fence at a site in Doncaster.

The owners lodged an application with Domestic Building Dispute Resolution Victoria (DBDRV) because the building work was not completed. DBDRV issued a Dispute Resolution Order requiring the building practitioner to pay the owners $19,000 by 18 October 2020. As this did not occur, DBDRV issued the practitioner with a Breach of Dispute Resolution Order Notice and notified the VBA of its issue.

As required under the Act, the VBA partially suspended the practitioner’s registration for 6 months OR until the Breach of Dispute Resolution Order Notice was cancelled by the DBDRV (if that occurred sooner).

The partial suspension suspended all building work, except for a brief period only, on existing projects.

The Breach of Dispute Resolution Order Notice was not cancelled during the partial suspension period. The practitioner was partially suspended for 6 months.

Registration:

DB-U 1025 / Domestic Builder (Unlimited)
CB-U 5731 / Commercial Builder (Unlimited)

Decision date: 8 February 2021 (VCAT Decision Date)

Disciplinary action taken

Reprimands, penalties $42,000, cancellation of registration, disqualification for two years, within two years successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects and CPCCBC4008B: Conduct on-site supervision of building and construction projects

Summary of grounds

Noncompliant use of combustible wall cladding in a 33 apartment building, failure to obtain required insurance for 22 units, noncompliant work and providing false information to the VBA when renewing registration.

Registration / Licence: 37169

Inquiry date: 4 February 2021

Work carried out: Brunswick West

It was alleged and substantiated that the practitioner had carried out plumbing work in a class where he was not licensed in, when a compliance certificate was required to be lodged for the work.

1 x 221E(1): carrying out plumbing work (gasfitting) for which a compliance certificate was required, without being licensed to do so

Disciplinary action taken

Reprimand
Costs: $117.00;
Disqualification from holding licence for 3 years in all plumbing classes;
Disqualification from holding registation for 3 years in all plumbing classes, unless previous Inquiry Order dated 11/12/2019 complied with.

Registration / Licence: 107439

Disciplinary proceeding: VBA show cause process

Inquiry date: 29 January 2021

Work carried out: Sale

It was alleged and substantiated that the practitioner carried out gasfitting work that did not comply with the Act and Regulations.

221FA: carrying out gasfitting work that does not comply with the Act and Regulations.

Disciplinary action taken

Fined: $2,478.30
Costs: $117.00
Undertake further training in course, Install and commission Type A gas appliances (CPCPGS3061A) within 12 months from 1 February 2021.

Registration / Licence: 103367

Disciplinary proceeding: VBA show cause process

Inquiry date: 29 January 2021

Work carried out:

West Melbourne
Frankston

It was alleged and substantiated that the practitioner carried out gasfitting work that did not comply with the Act and Regulations.

3x221ZP(2): backfilling below ground sanitary drain prior to inspection by the VBA.

Disciplinary action taken

Fined: $991.32
Costs: $117.00

Registration: BS-U 1290 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 January 2021

Project site location: Korumburra

The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993, in that he issued a building permit for the construction of a swimming pool and safety barrier in circumstances where:

he did not have sufficient information to estimate the cost of the subject works, including the cost of labour and materials, contrary to the requirements of section 205H(3)(c) of the Act (as it was at the time in 2016);
he could not have been satisfied that an owner-builder certificate of consent had been issued contrary to the requirements of section 24A(3) of the Act; and
the application documents did not contain sufficient information to demonstrate compliance with regulation 302 of the Building Regulations 2006, including the requirements of AS1926.1-2012.

Disciplinary action taken

A penalty of $1,500 and a reprimand were imposed.

Registration / Licence: 105337

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 January 2021

Work carried out: Glen Iris

It was alleged and substantiated that the practitioner failed to lodge a compliance certificate within 5 days of completion of plumbing work, and had lodged a compliance certificate which contained a mistatement of fact. Further, it was alleged and substantiated that the practitioner had carried out plumbing work in a class where he was not licensed in, when a compliance certificate was required to be lodged for the work.

1 x 221E(1): carrying out plumbing work (mechanical services) for which a compliance certificate was required, without being licensed to do so
1 x 221ZH(2): failing to, within 5 days of work completed, give the consumer a compliance certificate and/or notify the VBA
1 x 221ZJ: signing and lodging of compliance certificate containing a misstatement of fact.

Disciplinary action taken

Fine $2,973.00
Costs: $78.00

Registration / Licence: 107896

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 January 2021

Work carried out:

Hughesdale
Carnegie
Flemington
South Melbourne

It was alleged and substantiated that the practitioner covered the pipes and pipework prior to an inspection by the VBA at four different sites, and failed to provide a compliance certificate with 5 days of completion of the plumbing work with respect to one of the four sites.

4 x 221ZP(2): backfilling below ground sanitary drain prior to inspection by the VBA.
1 x 221ZH(2): failing to, within 5 days of work completed, give the consumer a compliance certificate and/or notify the VBA.

Disciplinary action taken

Fine $1,652.00
Costs: $0.00

Registration / Licence: 45201

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 11 January 2021

Work carried out: Edithvale

1 x 221D(1) for carrying out roofing work when he was not licensed or registered.

It was alleged and substantiated that the practitioner carried out roofing work when not licensed or registered in that class.

Disciplinary action taken

Fined: $4,130.50
Costs: $155.84

Summary of allegations

1 x 221G(1)(a) for directing or permitting another person to carry out unregistered work

Registration: BS-U 1280 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 January 2021

Project site location: Bayswater North

Disciplinary action taken

Reprimand, completion of training course 'CPCCBS6008 - Process building applications for residential buildings up to three storeys’ by 30 December 2021 and provide certificate of attainment within 21 days of completing course.

Summary of grounds

Two grounds of failure to comply with Section 24(1)(a) of the Building Act 1993 in respect of one site in Bayswater North in July 2013 for having issued a building permit when the practitioner should not have been satisfied that the permit would comply with the Act and the Regulations and a non-compliance with the Building Code of Australia that constituted a separate unprofessional conduct ground.

Registration / Licence: 35677

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 16 December 2020

Work carried out: Perry Road, Werribee (On or about 6 November 2019)

Disciplinary action taken

Fine $1,652.20 (10 PU)
Costs: $78.00

Summary of allegations

1 x 221G(1)(a) for directing or permitting another person to carry out unregistered work

Registration: BD-U 1023 / Demolisher (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 December 2020

Project site location: Richmond

The practitioner was found to have contravened section 16(4A) of the Building Act 1993, in that, as the builder named in the building permit, he failed to ensure that the building work, namely the demolition of a dwelling, was carried out in accordance with the Act, the building regulations and the building permit.

Disciplinary action taken

A penalty of $2,000 and a reprimand were imposed.

Registration: DB-U 47573 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 December 2020

Project site location: Riddells Creek

The practitioner was found to have contravened:

Section 16 16(1) of the Building Act 1993, in that he carried out building work not in accordance with the building permit. A penalty of $1,000 and a reprimand was imposed.
Section 37H of the Building Act 1993,(2 offences) in that he failed to comply with a written direction to fix building work issued by the building surveyor. A penalty of $1,400 and a reprimand was imposed for each of the two contraventions.
Regulation 265 of the Building Regulations 2018 in that he failed to perform work in a competent manner and to a professional standard by demanding and receiving a progress payment when not entitled to do so as the frame had not been approved by the relevant building surveyor. A penalty of $350 and a reprimand was imposed.

Disciplinary action taken

A total penalty of $2,750 and a reprimand was imposed for each of the contraventions.

Registration: BS-U 1587 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 December 2020

Project site locations:

Brighton East
Cranbourne East
Hawthorn East
Kew
Sandringham

The practitioner contravened sections 24 and 44 of the Building Act 1993 and was negligent in particular matters at 6 sites (including 4 with combustible cladding as part of external walls) in relation to the issuing of building permits and occupancy permits for buildings without, as variously required, combustible walls performance solutions, fire resistance level performance solutions, weatherproofing performance solutions or structural provisions performance solutions. 39 grounds for disciplinary action substantiated. Subject to VCAT review.

Disciplinary action taken

The disciplinary action taken in respect of the substantiated grounds was:

to suspend the practitioner’s registration for a total of 8 months;
to impose total penalties of $28,000.

Registration / Licence: 106538

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 December 2020

Work carried out: Xavier Grove, Reservoir (Between October 2016 and December 2017)

Disciplinary action taken

Reprimand
Fine: $1,652.20 (10 PU)
Costs: $116.88
Suspend the practitioner’s registration and licence in Roofing (Stormwater) until he completes the following training courses:
- CPCPRF3022A ‘Fabricate and Install roof drainage components’
- CPCPRF3023A ‘Fabricate and install external flashings’
- CPCPCM2048A ‘Cut and Join sheet metal’

Summary of allegations

1 x 221FA for failing to carry out plumbing work that complies with Part 12A of the Act and Plumbing Regulations
1 x 221ZJ for signing a compliance certificate containing a misstatement of fact

Registration / Licence: 20229

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 December 2020

Work carried out: Armadale (Between April 2015 and October 2016)

Disciplinary action taken

Reprimand
Fine: $8,261.00 (50 PU)
Costs: $116.88
Next five compliance certificates in gasfitting work to be audited by the VBA

Summary of allegations

1 x 221G(1)(a) for directing or permitting another person to carry out unregistered gasfitting and mechanical services work
1 x 221FA for carrying out non-compliant gasfitting and mechanical services work
1 x 221ZI(2) for stating in the compliance certificate lodged that the work was carried out under his supervision, when the supervised person was not authorised to carry out work; and
1 x 221G(1)(a) for directing or permitting another person to carry out unregistered gasfitting work

Registration: BS-U 16541 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Project site location: Mount Waverley

This matter was the subject of an inquiry by the Building Practitioners Board, under the arrangements prior to 1 September 2016, arising from a failed excavation at 170–174 Highbury Road, Mount Waverley. The practitioner was the relevant building surveyor for the works.

Disciplinary action taken

The Board found proven 4 allegations concerning the issuing of the building permit, the acceptance of engineering certificates and the filing of documents. While the practitioner had been entitled to rely on the engineers’ opinions in assessing whether the permit would result in compliant work, there were numerous anomalies in the documents which were readily identifiable without engineering expertise. The failure to address these with the engineers represented performance below the professional standard required by the regulations.

The Board took the following action under s179(2) of the Building Act:

To reprimand the practitioner
To require the practitioner to pay costs of the Board in the amount of $10,000

Registration: BS-U 1419 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found that the practitioner had contravened regulation 1502(a) of the Building Regulations 2006, in that between 2013 and 2015 on 17 sites, he used trainee inspectors to perform functions which he was responsible for, as the relevant Building Surveyor. The Panel issued the following decision under s179(2) of the Building Act:

Impose a fine of $5,000 and
The Board decided that it will not require the practitioner to pay costs of the Board

Registration: BS-U 27484 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found that the practitioner had contravened regulation 1502(a) of the Building Regulations 2006, in that between 2013 and 2015 he allowed a former registered employee to use trainee inspectors to perform functions which he was responsible for, as the relevant Building Surveyor. The Panel issued the following decision under s179(2) of the Building Act:

Impose a fine of $1,000 and
The Board decided that it will not require the practitioner to pay costs of the Board.

Registration:

DB-U 31360 / Domestic Builder (Unlimited)
BD-L 32296 / Demolisher (Low rise)

Decision date: 30 November 2020

Project site location: Sites at Carlton and Cairnlea

Raman Shaqiri’s registrations were cancelled on 7/12/2020.

The practitioner was found to have contravened:

Section 16(3) of the Building Act 1993 (Vic.)(the Act) in that as a director of and person concerned in the management of the offending company, he was by act or omission, directly or indirectly knowingly concerned in or party to the commission of an offence, in that the company permitted building work consisting of the demolition of a hotel at the Carlton site to be carried out where a building permit had not been issued and was not in force
Section 118(1) of the Act in that as a director of and person concerned in the management of the offending company, he was by act or omission, directly or indirectly knowingly concerned in or party to the commission of an offence, in that the company failed to comply with a building order to stop building work given by the Municipal Building Surveyor in relation to the Carlton site
Regulation 607(1) of the Building Regulations 2006 (as they then were in 2016) in that as a director of and person concerned in the management of the offending company, he allowed the company to carry out the demolition work at the Carlton site without the appropriate precautions required by regulation 607(1) and AS 2601-2001
The practitioner was also found to have engaged in unprofessional conduct, in that as a director of and person concerned in the management of the offending company, he was found to have:-
- caused directed, permitted and/or allowed the demolition work to occur at the Carlton site when no building permit had been issued or was in force;
- caused, directed, permitted and/or allowed the demolition work to continue at the Carlton site when a Stop Work Building Order had been issued by the MBS;
- caused, directed, permitted and/or allowed the demolition work to occur at the Carlton site without the precautions required by the building regulations and AS 2601-2001 being taken before and during the carrying out of the demolition work and without that demolition work being supervised and/or carried out by a registered demolisher;
- failed to ensure that a workplace (namely the Carlton site) was safe, by failing to identify that asbestos was likely to be disturbed by the demolition work, and by failing to ensure that, as far as reasonably practicable, that asbestos was removed prior to the demolition work having been commenced;
- failed to comply with a Minor Works Pollution Abatement Notice issued to the company by the Environment Protection Authority, which required the asbestos materials contained in the demolition rubble at the Carlton site to be covered; and
- caused, directed, permitted and/or allowed the depositing of industrial waste of a particular kind at a site not licensed to accept industrial waste of that kind, namely allowing the materials from the demolition work the Carlton site containing chrysotile asbestos, to be deposited at the Cairnlea site.
As a result of those grounds, the Authority additionally determined as a fifth ground that the practitioner was not a fit and proper person to practice as a building practitioner.

Disciplinary action taken

The Authority cancelled the practitioner’s registrations BD-L 32296 & DB-U 31360 and disqualified him from registration in any category for a disqualification period of 3 years (statutory maximum). The Authority also imposed 1 reprimand.

Registration: EF 17951: Engineer Fire Safety (EF) / Engineer (Fire Safety): Engineer Fire Safety (EF)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 November 2020

Project site location: Docklands

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found 2 of the 6 allegations proven and issued the following decision under s179(2) of the Building Act:

Suspend the Practitioner's registration as a fire engineer for a period of six months effective from 2 November 2020;
Impose the maximum fine of 100 penalty units (being $11,945.00) and
Order that the Practitioner be required to pay costs of the Board in the amount of $50,000.00

Registration: CDB-L 49164 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 November 2020

The practitioner is a body corporate. It had its registration suspended for 3 years or until it has a nominee director.

The practitioner’s failure to have a nominee director was a ground for the Authority to take disciplinary action against it under section 179(ha) of the Building Act 1993 (the Act).

It was alleged and substantiated that the accused:

carried out plumbing work, in the class of roofing, which did not comply with the Act and Regulations
permitted or directed another person to carry out plumbing work that was defective in workmanship
lodged a compliance certificate that contained a misstatement of fact
failed to comply with a Rectification Notice issued by a VBA Plumbing Inspector.

Registration: DB-U 21422 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 November 2020

Project site location: Footscray

Single site domestic construction at Footscray. Practitioner demolished a chimney when the building permit and the endorsed plans did not include its removal (s.16(4)(b) of the Act);

Practitioner also proceeded past 3 mandatory notification stages without calling for the inspections required by the building permit (s.33(1)) of the Act).

The practitioner received 2 reprimands and aggregate penalties of $4,500.

Outcome date: 11 November 2020

Prosecuted for:

The accused was charged with:

carrying out plumbing work, in the class of Roofing (Stormwater), when not licensed or registered in that class
carrying out building work without a building permit.

Outcome

Guilty Plea – with conviction
Ordered to pay a fine of $5,000 and VBA costs of $586.65

Registration: BD-L 23093 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 29 October 2020

Project site locations:

Sandringham (2 sites)
Bonbeach

The practitioner contravened section 33(1) of the Building Act 1993 at three sites by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received three reprimands and aggregate penalties of $6,000.

Registration / Licence: 103447

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 October 2020

Work carried out: Neptune Street, St Kilda (On or about 4 August 2014)

Disciplinary action taken

Reprimand
Fine: 30 Penalty Units ($4,956.30)
Costs: $106.25
Order completion of further training in CPCPGS3049A and CPCPGS3061A within 12 months from the date of this Order, failing which the plumber’s licence will be suspended.
Order that the next five compliance certificates lodged in respect of gas unit installation be audited.

Summary of allegations

It was alleged and substantiated that the accused:

carried out gasfitting work that did not comply with the Building Act and Plumbing Regulations
failed to provide a compliance certificate within five days of completing plumbing work.

Registration / Licence: 34097

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 October 2020

Work carried out: Xavier Street, Oak Park (On or about 22 May 2018)

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $106.25

Summary of allegations

It was alleged and substantiated that the accused failed to comply with a Rectification Notice issued by a VBA Plumbing Inspector within the time required.

Outcome date: 29 October 2020

Prosecuted for:

The accused was charged with failing to comply with a Building Order – Minor Work, in breach of the Building Act.

Outcome

Placed on a Diversion plan and ordered to donate $500 to Beyond Blue

Registration: BS-L 34264 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 October 2020

Project site location: Hampton Park

That contrary to regulation 1502(a) of the Building Regulations 2006 the practitioner did from 16 January 2014 fail to carry out his work as a building practitioner in a competent manner and to a professional standard when despite being on notice from the municipal building surveyor that building work did not accord with the building permit as issued by him, failed to take timely and/or appropriate action.

Reprimand and penalty of $1,500

Outcome date: 22 October 2020

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond for 12 months
Orderd to pay $500 to the Court Fund

Outcome date: 22 October 2020

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond for 12 months
Ordered to pay $1,000 to the Court Fund and VBA costs of $523

Registration: IN-L 18617 / Building Inspector (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 October 2020

Project site location: Kinglake West

The practitioner contravened regulation 1502(a) in relation to four grounds, including:

issuing a certificate of compliance when he knew the revised frame design was not yet approved as part of the building permit
failing to identify non-compliant work at frame stage
failing to identify and report on inadequate surface drainage at site preparation and during construction following pre-slab and frame inspections

Disciplinary action taken

The practitioner received reprimands, total penalties of $9,000 and is required to undertake training in conducting and reporting on initial construction inspections of residential buildings up to three storeys.

Outcome date: 16 October 2020

Prosecuted for:

The accused was charged with

carrying out building work without a building permit
carrying out domestic building work without registration as a domestic builder and without the requisite insurance in place.

Outcome

Guilty Plea – no convicton
Ordered to pay a fine of $5,000 and VBA costs of $712.86

Registration: DB-U 9463 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 October 2020

Project site location: Box Hill South

The practitioner contravened sections 16(1) “carry out building work without permit” and 16(4) “fail to ensure a building permit had been issued” of the Building Act 1993 when he commenced building work on a renovation in Box Hill South when a building permit had not been issued.

The practitioner received a reprimand and fine of $2,000 for each of the two breaches (total $4,000).

Registration: DB-L 20943 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 October 2020

Project site location: Seabrook

The practitioner was found to be not fit and proper to hold registration.

He was also held to have failed to comply with his obligations at one site relating to the construction/installation of a swimming pool, including building without a permit and without the required insurance, demanding money when it could not be claimed due to the absence of insurance, and unprofessional conduct in seeking a retrospective cure for these defaults by relying on a false document.

The practitioner’s registration was cancelled. He was reprimanded and had a penalty of $10,000 imposed.

Registration: CDB-M 48362 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Project site location: Koo Wee Rup

Referral from Domestic Building Dispute Resolution Victoria (DBDRV) that a Breach of Dispute Resolution Order Notice was issued to the practitioner relating to a single site, which is a ground for disciplinary action under s.179(1)(db) of the Building Act 1993.

The practitioner received a partial suspension for five months or until such time as the Breach of Dispute Resolution Order Notice was cancelled.

The partial suspension ended on 1 December 2020 because the Breach of Dispute Resolution Order Notice was cancelled by DBDRV.

Registration: DB-U 8095 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Project site location: Dandenong

The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard by placing, or causing to be placed, concrete roof tiles, thereby loading the roof structure, without obtaining confirmation from the relevant building surveyor (in the absence of a mandatory inspection of the framework) that the framework was structurally sound to do so.

The practitioner received a reprimand and a penalty of $3,000.

Registration:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Relevant legislation

Sections 179(1)(g) and 179B of the Building Act 1993.

Disciplinary action taken

Mr Mattiske’s registrations were cancelled, as is mandatory where a not fit and proper finding is made.

Mr Mattiske was also disqualified from registration in any class of building surveyor or building inspector for three years.

Summary of grounds

The Authority determined that Mr Mattiske is not a fit and proper person to practise as a building practitioner—relevant conduct includes purporting to issue building permits and otherwise perform functions of a building surveyor while suspended.

Registration / Licence: 27084

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 September 2020

Work carried out: Fawkner (Between 10 October and 15 October 2018)

Disciplinary action taken

Fine: 30 Penalty Units ($4,956.30).
Order that the next five certificates of compliance lodged by the practitioner in respect of gas unit installation be audited.

Summary of allegations

It was alleged and substantiated that the accused permitted or directed another person to carry out plumbing work that was defective in workmanship.

Registration / Licence: 107896

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 September 2020

Work carried out: Chirnside Park (On or about 16 July 2018)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10).
Order that the next five certificates of compliance lodged by the practitioner for sanitary drainage work be audited.

Summary of allegations

It was alleged and substantiated that the accused:

covered the pipes and pipework prior to booking an inspection with the Authority
failed to provide a compliance certificate with five days of completing the plumbing work.

Outcome date: 24 September 2020

Prosecuted for:

The accused was charged with carrying out domestic building work when not covered by the required insurance.

Outcome

Guilty Plea – no conviction
Ordered to pay a fine of $10,000 and VBA costs of $423

Registration: CDB-U 49971 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2020

The corporate practitioner’s registration was partially suspended on 16 September 2020 because the Authority was notified by Domestic Building Dispute Resolution Victoria (DBDRV) that it had been issued with a Breach of Dispute Resolution Order Notice (the BODRON).

For the total duration of the suspension, the practitioner could continue to work on the site, the subject of the BODRON.

For the first 48 days of the suspension, the practitioner could also work on existing projects.

The partial suspension was for 2 years.

Registration: CB-L 45284 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2020

Project site location: Melbourne

The practitioner contravened section 33(1) of the Building Act 1993 on four instances at the one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage specified in the four staged building permits.

The practitioner received four reprimands and penalties totalling $6000.

Registration: DB-L 33190 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 September 2020

Project site locations:

Moonee Ponds
Brunswick West
Mill Park
Carlton
Essendon

With respect to the site at Moonee Ponds, the practitioner was found to have contravened:

section 16(1) of the Building Act (the Act), in that he caused building work to be carried out when a building permit had not been issued and was not in force;
section 136(2) of the Act, in that he carried out, managed and/or arranged work under a major domestic building contract when not covered by the required insurance;
regulation 1502(a) of the Building Regulations 2006, in that he:
- failed to give the site owners a copy of the building contract;
- failed to ensure the works were carried out with reasonable care and skill and in a proper and workmanlike manner;
- failed to adequately manage, supervise and control the works;
- failed to ensure the works progressed in a timely manner;
- demanded, received and retained moneys from the owners not yet due; and
- failed, refused and neglected to complete incomplete works, having abandoned the site.

With respect to the site at Brunswick West, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to ensure the works were carried out with reasonable care and skill;
failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
demanded, received and retained payment for a progress claim when not yet entitled to same;
demanded payment for a further progress claim when not entitled to same; and
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site.

With respect to the site at Mill Park, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to adequately manage, supervise and control the works;
failed to ensure the works were carried out with reasonable care and skill and in a proper and workmanlike manner; and
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site.

With respect to the site at Carlton, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to ensure the works were carried out with reasonable care and skill;
failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
failed to comply with a written direction as to work given by the relevant building surveyor;
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site; and
demanded, received and retained payment for progress claims not yet due.

With respect to the site at Essendon,the practitioner was found to have contravened:

section 16(1) of the Building Act (the Act), in that he caused building work to be carried out when a building permit had not been issued and was not in force;
section 136(2) of the Act, in that he carried out, managed and/or arranged work under a major domestic building contract when not covered by the required insurance;
section 246 of the Act, in that he knowingly provided false or misleading information to a person carrying out a function under the Act, namely drawings altered without the knowledge or consent of the owners he provided to the relevant building surveyor for a permit;
regulation 1502(a) of the Building Regulations 2006, in that he:
- failed to take all reasonable steps to ensure the correct building permit number and issue date were displayed at the site and then failed, refused and neglected to correct that site sign when put on notice it contained incorrect permit details;
- varied the building work without the knowledge and consent of the owners;
- failed to ensure the works progressed in a timely manner and within the period specified by the contract;
- failed to adequately manage, supervise and control the works;
- failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
- substantially progressed the works beyond the framework stage when the mandatory inspection had not yet been approved;
- permitted and allowed the subject owners to fill the spa and to leave the spa filled when no safety barrier was in place and no certificate of final inspection had been issued; and
- acted in a discourteous manner toward the owners.

On the basis of the grounds above, the practitioner was:

found to have engaged in unprofessional conduct;
found to have engaged in conduct constituted by a pattern of incompetence; and
found not to be a fit and proper person to practise as a building practitioner.

The practitioner’s registration was cancelled and he was disqualified from registration for 3 years. Penalties totalling $15,000 and 10 reprimands were also imposed.

Registration: BS-U 1301 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2020

Project site location: Bonbeach

The practitioner contravened section 24(1)(d) of the Building Act 1993 at one site by issuing a building permit when he could not have been satisfied that it would be consistent with the relevant planning permit.

The practitioner received one reprimand and a $4000 penalty.

Registration: BS-U-31016 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 September 2020

Project site location: 165 sites

In relation to appointments occurring between 2012 and 2016, the practitioner was found to have contravened:

section 80 of the Building Act 1993 (the Act), in that he failed to notify the relevant council of his appointment within 7 days (19 counts);
section 30(1) of the Act, in that he failed to lodge a copy of the building permit and other plans and documents lodged with that application within 7 days (59 counts);
section 30(2) of the Act, in that he failed to provide the relevant council the prescribed lodgement fee upon lodgement of section 30(1) permit documents (7 counts);
regulation 313(3)(b) of the Building Regulations 2006 (Vic.) (the 2006 Regulations), in that he issued a building permit which did not include mandatory notification stages in accordance with regulation 901 (3 counts)
regulation 313(3)(a) of the 2006 Regulations, in that he issued a building permit nominating a time limit for completion of the building work which did not accord with regulation 315(1)(b)(i) (4 counts);
regulation 1012(a) of the 2006 Regulations, in that he failed to give the relevant council a copy of the Certificate of Final Inspection within 7 days of issue (18 counts);
regulation 1012(b) of the 2006 Regulations, in that he failed to give the relevant council inspection approval dates for mandatory notification stages (6 counts);
section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied the building work and that permit would comply with the Act and the building regulations (4 counts);
section 24(1)(b) of the Act, in that he issued a building permit when he could not have been satisfied the consent of the reporting authority had been obtained;
section 24(1), subsections (a) and (b), in that he issued a building permit when he could not have been satisfied that the building work and the permit would comply with the Act and the Building Regulations and when he could not have been satisfied the consent of the reporting authority had been obtained;
regulation 322(a) of the 2006 Regulations, in that he failed to forward to the VBA in the approved form details of the Certificate of Final Inspection (22 counts)
regulation 322(b)(ii) and then regulation 322(a) of the 2006 Regulations, in that he failed to forward to the VBA details of the lapsed building permit and then subsequently failed to forward to the VBA details of the Certificate of Final Inspection later issued (27 counts);
regulation 322(b)(ii) of the 2006 Regulations, in that he failed to forward to the VBA details of the lapsed building permit (47 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed; and
- failed to refer a failure to comply with a Building Order for Minor Work to the VBA (7 counts)
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed;
- failed to refer a failure to comply with a Building Order for Minor Work to the VBA; and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection issued contrary to regulation 322(a) (3 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed;
- failed to refer a failure to comply with a direction as to the work to the VBA; and
- thereafter, failed to take timely and appropriate enforcement action despite being aware the safety barrier was non-compliant (6 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii); and
- failed to take timely and appropriate enforcement action on the lapsing of the building permit to ensure any danger due to incomplete work was addressed
  (8 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA in the approved form details to his knowledge of a lapsed permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed; and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection issued contrary to regulation 322(a);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of a lapsed building permit contrary to regulation 322(b)(ii); and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection later issued contrary to regulation 322(a);
regulation 322(b)(i) of the 2006 Regulations, in that he failed to forward to the VBA details of building work which had been abandoned;
section 34 of the Act, in that he failed to cause building work to be inspected upon being notified of the final mandatory inspection stage (34 counts);
section 34 of the Act and then section 38 of the Act, in that he failed to cause building work to be inspected upon being notified of the final mandatory inspection stage and then later failed to issue a Certificate of Final Inspection upon completion of a final inspection;
section 38(1) of the Act, in that he failed to issue a Certificate of Final Inspection following the completion of the final inspection (12 counts);
regulation 1502(a) of the 2006 Regulations, in that he issued a Certificate of Final Inspection containing the incorrect approval date of the mandatory final inspection (24 counts);
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier at a site in Sunbury;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier at a further site in Sunbury and then issued a Certificate of Final Inspection for those works when the pool barrier remained non-compliant;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier constructed over an easement at a site in Greenvale, issued a deficient building order, failed to respond to the municipal building surveyor’s enquires as to whether the building order had been complied with or cancelled and then issued a second building permit when he knew or ought to have known the works the subject of that permit had already been substantially carried out;
regulation 1502(a) of the 2006 Regulations, in that he issued a building permit with respect to a site in Essendon which specified an incorrect site address and incorrect relevant council;
regulation 1502(a) of the 2006 Regulations, in that he issued a Certificate of Final Inspection which contained incorrect dates (2 counts);
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and/or appropriate enforcement action in respect of a non-compliant and illegally constructed fence constructed on top of the permitted works for a site in Rippleside;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action in respect of non-compliant building works at a site in Gisborne despite having advised the Municipal Building Surveyor in writing that he would serve a Building Notice;
section 125(2) of the Act, in that he failed to notify the relevant council within 7 days that a Building Notice had been complied with or cancelled; and
section 125(1) of the Act, in that he failed to notify the relevant council that he issued a Building Order.

The practitioner was also found to have engaged in three counts of unprofessional conduct, in that he:

failed over a prolonged period and in relation to multiple sites to respond to written and oral communications from one particular builder relating to his professional obligations as relevant building surveyor and as he caused an email to be sent to that builder stating his building permits would be ‘revoked’ unless outstanding professional accounts were paid by the builder; and
failed, refused and neglected to fulfil his statutory obligations and professional obligations as appointed relevant building surveyor with respect to a site in Williams Landing from August 2016; and
failed, refused and neglected to fulfil his statutory obligations and professional obligations as appointed relevant building surveyor with respect to a site in Armstrong Creek between the period of September 2015 and June 2017.

As a result of the above grounds, the practitioner was also found to have engaged in conduct in relation to his practice as a building surveyor constituted by a pattern of incompetence.

Disciplinary sanctions were imposed as follows:

A partial suspension of the practitioner’s registration as a Building Surveyor – Unlimited until the practitioner provided evidence to the VBA that he held the required insurance (since complied with);
Three ongoing conditions on the practitioner’s registration (Building Surveyor – Unlimited):
- Condition 1: ‘The practitioner must not accept any new appointment as a private building surveyor relating to building work for, or in connection with, swimming pools, spas and/or swimming pool or spa safety barriers’;
- Condition 2: ‘The practitioner must not personally approve or carry out any inspection directly involving swimming pools, spas and/or safety barriers and must cause an appropriately registered inspector to carry out any such inspection where required’; and
- Condition 3: ‘The practitioner must not accept any new appointment as a private building surveyor unless that appointment is made in the course of his employment as an employee of a registered body corporate building surveyor (of which he is not a director)’;
directions requiring the practitioner to:
- lodge 43 sets of missing section 30(1) documents with relevant councils;
- lodge 14 missing certificates of final inspection with relevant councils;
- produce evidence of a policy of the required insurance for all existing appointments (or otherwise serve transfer of appointment forms for specified historical sites where functions are not completed);
- cause site inspections using a contract building inspector and then issue certificates of final inspection or take enforcement action (as appropriate) relating to 60 sites with swimming pool and barrier works with lapsed building permits;
- cause site inspections using a contract building inspector and take enforcement action (as appropriate) relating to 3 further swimming pool and barrier sites where a non-compliant barrier has been identified;
- cause a site inspection using a contract building inspector and take enforcement action (as appropriate) with respect to one other site relating to a non-compliant and illegally constructed fence constructed on top of the subject building work; and
- within 12 months report to the VBA on the status of the sites that are the subject of the above directions;
a requirement that the practitioner complete training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’; and
31 reprimands.

Outcome date: 24 August 2020

Prosecuted for:

The accused was charged with carrying out plumbing work, in the class of Water Supply, when not licensed or registered in that class.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond of six months
Ordered to pay VBA costs of $423

Registration:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Decision date: 20 August 2020

On 20 August 2020, the Authority immediately suspended the registrations of Simon Mattiske under section 180A(2A) of the Building Act 1993, because the Authority considered it in the interests of the public to do so, pending show cause.

The immediate suspension will conclude on 10 July 2023 (unless revoked).

Registration: CB-U 7144 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2020

Project site location: Hopetoun

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received a reprimand and a $1500 penalty.

Registration: BS-U 1329 / Building Surveyor (Unlimited)

Decision date: 4 August 2020

Disciplinary action taken

Reprimands and penalties $14,000 and nine month suspension

Summary of grounds

Approving the use of combustible cladding at two apartment buildings and issuing occupancy permits when buildings were noncompliant in several respects and not suitable for occupation with one building being issued with an emergency order by the relevant council. Subject to VCAT review

Registration: CB-U 2790 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 July 2020

Project site location: Dandenong South

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage specified in the building permit.

The practitioner contravened section 16(4)(b) of the Act at one site by constructing the building work in the wrong location and not as per the building permit-endorsed plans.

The practitioner received two reprimands and penalties totalling $6000.

Registration:

BS-L 42775 / Building Surveyor (Limited)
IN-U 38524 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 July 2020

Project site locations:

Trafalgar
Longwarry
Drouin (2 sites)
Nilma
Kalimna
Traralgon

With respect to a site at Trafalgar:

the practitioner was found to have contravened section 24(1)(a) of the Building Act 1993 (the Act), in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have acted negligently with respect to his practise as a building surveyor by issuing a building permit contrary to section 24(1)(a) of the Act;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018, in that he failed to take timely and appropriate action following an inspection, failed to attend a meeting with the relevant council, caused, permitted or directed an employee to provide inaccurate, false and/or misleading information and failed to provide the relevant council with prescribed information concerning an inspection.

With respect to a site at Longwarry:

the practitioner was found to have contravened section 246 of the Act, in that he provided a section 80 Notice to the relevant council which he knew, or ought to have known, contained false and misleading information;
the practitioner was found to have contravened section 24(1)(a) of the Act on two occasions, in that he issued two building permits when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have contravened section 44(a) of the Act, in that he issued an occupancy permit in circumstances where the subject building was unsuitable for occupation;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018, in that he demonstrated a lack of knowledge and/or understanding of the requirements of Clause C3.4 of NCC Volume 1-2016, failed to research the lightweight wall system used by the builder to establish suitability, failed to comply with the undertaking given to the relevant council to provide documents concerning its suitability, failed to address, or respond to, non-compliance issues raised by the MBS’ correspondence and failed to sign or alternatively, failed to lodge, a signed copy of an occupancy permit with the relevant council.

With respect to a site at Drouin:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he approved a mandatory inspection when the building work was not compliant and/or when the as-built works did not accord with the endorsed design, subsequently endorsed an amended drawing which still did not demonstrate that the works would comply with the Act and Regulations; and failed to address non-compliance issues raised by the MBS.

With respect to a further site at Drouin:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he failed to endorse the approved building permit documents, approved a mandatory inspection when the building work did not accord with the building regulations and failed to address, or to adequately address, non-compliance issues raised by the MBS.

With respect to a site at Nilma:

the practitioner was found to have contravened section 176(2)(b) of the Act, in that he carried out work as a building surveyor not authorised by his registration;
the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations.

With respect to a site at Kalimna:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was additionally found to have contravened section 24A(1) of the Act, in that he issued a building permit when he could not have been satisfied of the matters required by sub-sections 24A(1)(a), 24A(1)(b) and/or 24A(1)(c) of the Act;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he caused, directed, or permitted an employee of his company to provide incorrect advice to an owner concerning whether a building permit was required;
the practitioner was found to have engaged in unprofessional conduct, in that he issued and signed a written record of inspection indicating a mandatory inspection had been approved by a contract building inspector when that inspection was not approved and those works were not certified as compliant by that contract inspector;
the practitioner was found to have contravened section 246(2) of the Act, in that he caused to be provided to the relevant council a copy of a certificate of final inspection he knew to be false and/or misleading.

With respect to a Site at Traralgon:

the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006, in that he approved a mandatory inspection when the subject shed was not sited in accordance with the approved plans;
the practitioner was found to have engaged in unprofessional conduct, in that he failed to provide the documents required by the relevant council in respect of a report and consent application in a timely fashion, stated to the owner he had lodged that documentation when he had not done so, failed to take any action concerning the application within the requisite 30-day period and failed to keep the owner apprised of the status of that application and/or failed to notify the owner of the relevant council’s refusal of that application in a timely fashion.

The practitioner was found to have engaged in conduct in relation to his practice as a building surveyor which was constituted by a pattern of incompetence.

The VBA determined that the practitioner was not a fit and proper person to practise as a building practitioner.

Following an immediate suspension on public interest grounds, the practitioner’s registrations were cancelled and he was disqualified from seeking registration for three years or until specified re-training was successfully completed (if that occurred sooner).

Penalties totalling $15,000 were also imposed.

Registration: BS-U 22903 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 July 2020

Project site location: Mickleham (5 sites)

The practitioner contravened section 24(5) of the Building Act 1993 by issuing building permits with respect to proposed developments at five sites in Mickleham while the Community Infrastructure Levy payment was outstanding.

Disciplinary action taken

The practitioner received a total of five reprimands, being one in respect of each of the five contraventions of section 24(5).

In determining not to impose a monetary penalty, the Authority took note of the practitioner taking personal responsibility for payment of the outstanding Community Infrastructure Levy

Registration: CB-U 58045 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 July 2020

Project site location: Lalor

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received a reprimand and a penalty of $3,000.

Registration: DB-U 8148 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 July 2020

Project site locations:

Wyndham Vale
Tarneit
Wollert

The practitioner contravened section 33(1) of the Building Act 1993 at three sites by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received reprimands and total penalties of $6,000.

Registration:

BS-U 38408 / Building Surveyor (Unlimited)
IN-U 38045 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 June 2020

Issuing a building permit for a swimming pool and barrier without adequate documentation

Disciplinary action taken

Reprimand $500 Penalty

Registration:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Decision date: 16 June 2020

The practitioner was suspended because he was an officer of an insolvent company.

That suspension was to run until 7 February 2023, or until the practitioner was no longer an officer of the insolvent company.

Officer of an entity under external administration

Registration:

DB-M 31761 / Domestic Builder (Manager)
DB-L 31706 / Domestic Builder (Limited)

DB-U 32291 / Domestic Builder (Unlimited)
CB-L 32295 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 June 2020

Disciplinary action taken

Cancellation of registration

Summary of grounds

Officer of an entity under external administration

Registration: DB-U 18928 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 June 2020

Disciplinary action taken

Cancellation of registration

Summary of grounds

Officer of an entity under external administration

Outcome date: 21 May 2020

Prosecuted for:

The accused was charged with holding himself out to be a registered building practitioner (in this case, a commercial builder) and knowingly providing misleading information to the relevant building surveyor in relation to a shop fit-out, breaching the Building Act in the process.

Outcome

Guilty plea – with conviction
Fined $30,000

Registration: DB-L 32535 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2020

Project site location: Seaford

The practitioner was engaged by a homeowner to demolish an existing fence and construct a new one at a site in Seaford.

The homeowner lodged an application with Domestic Building Dispute Resolution Victoria (DBDRV) because the building work was not completed. DBDRV issued a Dispute Resolution Order requiring the building work to be completed. As the building work was not completed in the time specified in the Dispute Resolution Order, DBDRV issued the practitioner with a Breach of Dispute Resolution Order Notice and notified the VBA of its issue.

As required under the Building Act, the VBA partially suspended the practitioner’s registration for four months OR until the VBA received notice from DBDRV that the Breach of Dispute Resolution Order Notice had been cancelled (if that occurred sooner).

The partial suspension suspended all building work, except for building work at the Seaford site, and for a brief period only, existing projects.

Relevant legislation

Section 179(1)(db) of the Building Act 1993.

Registration: BS-U 18530 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 May 2020

Disciplinary action taken

Reprimands, penalties $9,600 and suspension and cancellation of registration and disqualification for two years and six months

Summary of grounds

Approving the use of combustible cladding on six sites and issuing occupancy permits when the buildings were not suitable for occupation with a number of buildings later subject to emergency orders issued by relevant councils

Registration: DB-U 25438 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2020

Project site location: Templestowe

A company of which the practitioner was a director carried out building work at two units in Templestowe (for one unit, up to lock-up stage) when the staged permits for the site had only permitted work to frame stage.

The company was held to have carried out building work without a building permit and not in accordance with the building permits that had been issued.

Furthermore, the building work was determined to have been carried out not to the standard of competence and professionalism required of a registered building practitioner because the building work did not comply with the legislative framework relating to building permits and was not adequately supervised.

As director of the company, the practitioner was held responsible.

The practitioner has been suspended for six months, reprimanded and received a penalty of $18,000.

Relevant legislation

Sections 16(1) and 16(4) of the Building Act 1993
Regulation 1502(a) of the Building Interim Regulations 2017 and 265(a) of the Building Regulations 2018.

Registration: DB-U 32756 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 April 2020

Disciplinary action taken

Reprimands, penalties $4,000 and within 12 months successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects and CPCCBC4016A: Administer a construction contract

Summary of grounds

Carrying out building work without a building permit, failure to obtain foundations data, failure to obtain required insurance, misrepresenting that did have required insurance, receiving money before holding required insurance and noncompliant contract documentation.

Registration: DB-L 20059 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 April 2020

Disciplinary action taken

Reprimands and penalties $4,000

Summary of grounds

Failure to call for mandatory inspections in relation to swimming pool construction

Registration:

BS-L 42775 / Building Surveyor (Limited)
IN-U 38524 / Building Inspector (Unlimited)

Decision date: 23 April 2020

The practitioner has been immediately suspended pursuant to section 180A(2A) of the Building Act 1993 (the Act), as the Authority considers it in the interests of the public to do so pending the show cause process.

The immediate suspension commenced on 30 April 2020 and will conclude on 20 April 2023 (unless revoked sooner).

Registration:

DB-U 21621 / Domestic Builder (Unlimited)
CB-L 36550 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 April 2020

Disciplinary action taken

Reprimands, penalties $8,000 and within 12 months successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects

Summary of grounds

Failure to call for inspections at mandatory notification stages and obstructing inspections by an authorised person

Registration: DB-M 38135 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 7 April 2020

Project site location: Kinglake West

The practitioner arranged for building work to be carried out by unregistered domestic builders.

A condition on his registration is imposed for 18 months requiring him to submit a statutory declaration confirming details of all registered domestic builders for each and every component of domestic building work for each and every permit.

The practitioner contravened section 16(4) of the Building Act 1993, sections 37 and 40(2) of the Domestic Building Contracts Act 1995, and regulation 1502(a) of the Building Interim Regulations 2017.

The practitioner received reprimands, total penalties of $28,000 and is required to undertake training in legal requirements and arranging building applications and approvals.

Registration: DP-AD 34219 / Building Design (Architectural)

Disciplinary proceeding: VBA show cause process

Decision date: 30 March 2020

Disciplinary action taken

Construction of a first floor mezzanine without a building permit

Summary of grounds

Reprimand and penalties $4,000

Registration: BS-U 1065 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 March 2020

Project site location: Krowera

The practitioner contravened sections 24(1)(c) and 24A(1)(a) of the Building Act 1993 (the Act). Section 24A(1)(a) has been amended since the time of the conduct.

The practitioner issued two building permits for building work that required a planning permit, when a planning permit had not been issued.

One of those building permits was also incorrectly issued to an owner-builder, when an appropriately registered builder under Part 11 of the Act was required to carry out the work, because it was not domestic building work.

A partial suspension was imposed on the practitioner’s registration, prohibiting him from accepting any new appointments as a registered building surveyor or designated building surveyor and issuing any new building permits for 72 days. He also received reprimands and total penalties of $8000.

Outcome date: 17 March 2020

Prosecuted for:

The accused commited various offences under the Building Act. He was charged with:

carrying out plumbing work in the prescribed class of Mechanical Services by installing a split-system air-conditioning unit without being licensed or registered in the prescribed class
holding himself out as a licensed plumbing practitioner
signing a document not issued by the VBA purporting to be a compliance certificate.

Outcome

Guilty plea – no conviction
Fined $25,000

Outcome date: 27 February 2020

Prosecuted for:

The accused was charged with carrying out plumbing work when not registered or licensed in the particular classes of Mechanical Services and Gasfitting for installing a gas-ducted heater and add-on refrigerated cooling unit.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $3,000 and VBA costs of $1,008

Registration / Licence: 52972

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 February 2020

Work carried out: Elwood (January to March 2016)

Disciplinary action taken

Fine: 20 Penalty Units ($3,304.40)
Costs: $54.18
Practitioner to undertake two subjects within 12 months: CPCPRF3022A – ‘Fabricate and install roof drainage components’ and CPCPRF3023A – ‘Fabricate and install external flashings’.

Summary of allegations

It was alleged and substantitated that the accused carried out Roofing (Stormwater) work that was not compliant with the Building Act and Plumbing Regulations.

Registration / Licence: 48991

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 February 2020

Work carried out: Newport (May 2015 to May 2017)

Disciplinary action taken

Reprimand
Fine: 25 Penalty Units ($4,130.50)
Costs: $54.18

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

permitting or directing another a person who was not registered or licensed in the relevant plumbing class to carry out plumbing work that was defective in workmanship
signing and lodging a compliance certificate in relation to the work that contained misstatements of fact.

Registration / Licence: 111489

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 February 2020

Work carried out: Newport (May 2015 to May 2017)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10)
Costs: $54.18

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work in the classes of Sanitary, Water Supply, Gasfitting and/or Roofing (Stormwater) while unregistered and unlicensed in those prescribed classes, contravening various provisions of the Building Act.

Registration / Licence: 101590

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 February 2020

Work carried out: Hawthorn (On or about 9 November)

Disciplinary action taken

Cancellation of the practitioner’s gasfitting licence in all classes of gasfitting for three years.
That cancellation is suspended on the condition that the practitioner not carry out gasfitting work until he successfully completes training courses CPCPGS3061A – ‘Install and commission Type A gas appliances’ and CPCPGS3049A – ‘Install Type A gas appliance flues’.

The VBA was notified on 13 August 2020 that the practitioner had completed both training courses.

The VBA may take further disciplinary action and reinstate the cancellation if the practitioner breaches a requirement of the Building Act within three years of the Inquiry’s decision.

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

carrying out gasfitting work and/or specialised plumbing work that was not compliant with the Building Act and the Plumbing Regulations
failing to provide a compliance certificate within five days of completion of the work.

Registration: DB-U 41964 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 February 2020

Disciplinary action taken

The practitioner was suspended at the time that the decision was made.

Grounds One and Two:

Reprimand;
Direction that the practitioner:
1. Attend and complete the nationally recognised training units CPCCBC4003A – ‘Select and prepare a construction contract’ and CPCCBC4009B – ‘Apply legal requirements to building and construction projects’ (Training) after his registration is reinstated (if it is reinstated); and
2. Provide to the Authority, copies of the practitioner’s certificates of attainment for the above Training within 14 days of issue; and
Penalty of $4,000.

Ground Three:

Reprimand;
Direction that the practitioner:
1. Attend and complete the above Training after his registration is reinstated (if it is reinstated); and
2. Provide to the Authority, copies of the practitioner’s certificates of attainment for the above Training within 14 days of issue; and
Penalty of $2,000.

Ground Four:

Reprimand;
Direction that the practitioner:
1. Attend and complete the above Training after his registration is reinstated (if it is reinstated); and
2. Provide to the Authority, copies of the practitioner’s certificates of attainment for the above Training within 14 days of issue; and
Penalty of $3,000.

Ground Five: Penalty of $2,000.

Summary of grounds

Ground One: The practitioner failed to carry out his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 (Vic.) (the Regulations) because as the only director of the company, D & N Carpentry and Flooring Services Pty Ltd (ACN 146 486 491) (the Company) registered as a building practitioner under the Act, he carried out, caused, permitted, directed and procured building work to be undertaken when a building permit in respect of that work had not been issued and was not in force, in contravention of section 16(1) of the Act.

Ground Two: The practitioner and the Company carried out, caused, permitted, directed and procured building work to be undertaken when a building permit in respect of that work had not been issued and was not in force in contravention of section 16(1) of the Act.

Insofar as the Company contravened section 16(1) of the Act, under the deeming provision in that Act, given his directorship, that contravention is taken to be a contravention by the practitioner.

Ground Three: The practitioner failed to carry out his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Regulations because he failed to ensure that the Company complied with section 40(2) of the Domestic Building Contracts Act 1995 (Vic.) (the DBCA), by only demanding, recovering and retaining under a major domestic building contract (the Contract) a progress payment:

in the percentage permitted; and
when the Company was entitled to do.

Ground Four: The practitioner failed to carry out his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Regulations because he failed to ensure that the Company complied with section 40(2) of the DBCA by only demanding, recovering and retaining under the Contract a progress payment, when the Company was entitled to do so.

Ground Five:The practitioner failed to carry out his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Regulations because he carried out, caused, permitted, directed and procured defective building work by the Company pursuant to the Contract.

Outcome date: 18 February 2020

Prosecuted for:

Carrying out roof plumbing work which was not compliant and lodging a compliance certificate containing misstatements of fact, namely that the plumbing work was compliant.

Outcome

Guilty plea – no conviction; undertaking to be of good behaviour for 12 months; ordered to pay a fine of $1,000 and VBA costs of $1,033

Outcome date: 18 February 2020

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay a fine of $1,000 and VBA costs of $1,033

Registration: BS-U 1093 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 February 2020

Project site location: Oakleigh South

Guilty plea – no conviction
Ordered to pay a fine of $200 and VBA costs of $1,080

Registration:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Decision date: 13 February 2020

On 13 February 2020, the VBA made a decision to immediately suspend Simon Mattiske’s registrations because he was an officer of an insolvent company.

The immediate suspension commenced on 18 February 2020 and was to run until 7 February 2023. The immediate suspension was revoked on 20 August 2020 because the liquidation of the company had concluded.

Outcome date: 12 February 2020

Prosecuted for:

The accused was charged with carrying out plumbing work, in the form of below-ground drainage work, when not registered or licensed in any particular prescribed class of plumbing work.

Outcome

Ex parte hearing – no conviction
Ordered to pay a fine of $750 and VBA costs of $995

Outcome date: 12 February 2020

Prosecuted for:

The accused contravened various section sof the Building Act. He was charged with:

carrying out plumbing work in the prescribed class of Gasfitting by carrying out servicing work on a Type A natural gas ducted heater without being licensed or registered in the prescribed class
using the title of ‘licensed plumbing practitioner’
holding himself out as a registered plumbing practitioner.

Outcome

Ex parte hearing – with conviction
Fined $4,000 and ordered to pay VBA costs of $1,160

Outcome date: 12 February 2020

Prosecuted for:

The accused was charged with holding himself out to be a registered builder, breaching the Building Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay VBA costs of $949

Registration / Licence: 106235

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out:

Kew (November 2017 to February 2018)
Brunswick East (On or about 12 November 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 20 Penalty Units ($3,304.40)
Costs: $145.80
Practitioner to undertake CPCPGS3057A – ‘Size consumer gas piping systems’ within 12 months, otherwise his licence will be suspended.
Practitioner to offer his next five compliance certificates for audit.

Summary of allegations

It was alleged and substantiated that the accused:

carried out plumbing work in the classes of Gasfitting, Sanitary and Roofing (Stormwater) that was not compliant with the Building Act and Plumbing Regulations
backfilled a below-ground sanitary drain without first offering it up for inspection by the VBA
signed and lodged a compliance certificate containing a misstatement of fact.

These offences contravened several sections of the Building Act.

Registration / Licence: 110578

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out: Wodonga (On or about 17 October)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $72.90

Summary of allegations

It was alleged and substantiated that the accused carried out Drainage work while unregistered and unlicensed in that class, contravening the Building Act.

Registration / Licence: 29154

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out: Bentleigh (1 January to 31 December 2014)

Disciplinary action taken

Reprimand
Fine: 35 Penalty Units ($5,782.70)
Costs: $72.90
Practitioner to offer his next five compliance certificates for audit.

Summary of allegations

The accused faced 52 grounds of carrying out plumbing work in the classes of Roofing, Mechanical Services and Gasfitting that was not compliant with the Building Act and Plumbing Regulations.

Two further grounds involved the accused signing and lodging compliance certificates containing misstatements of fact.

A further allegation concerned the accused’s failure to comply with a Rectification Notice issued by the VBA within the required time frame.

All allegations were substantiated during the inquiry.

Outcome date: 4 February 2020

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $10,000 and VBA costs of $952

Registration / Licence: 106329

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Vermont (September to November 2018)

Disciplinary action taken

Fine: Aggregate 16 Penalty Units ($2,643.52)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out Mechanical Services and Water Supply work while unregistered and unlicensed in those prescribed classes, breaching various sections of the Building Act in the process.

Registration / Licence: 35184

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Croydon (26 July 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused permitted or directed another person to carry out Water Supply work when that person was not registered or licensed in the relevant class. This was a breach of the Building Act.

Registration / Licence: 114537

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Fawkner (October 2018)

Disciplinary action taken

Cancellation of registration in all classes of gasfitting pending completion of CPCPGS3061A ‘Installation and Commission of Type A Gas Appliances’.
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work (Gasfitting) that not compliant with the Building Act and Plumbing Regulations.

Registration / Licence: 48036

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Vermont (January 2019)

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused signed and lodged a compliance certificate containing a misstatement of fact, contravening the Building Act.

Registration / Licence: 111441

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Williamstown (1 November 2018 to 6 February 2019)

Disciplinary action taken

Reprimand
Suspension of registration in prescribed classes of Sanitary, Water Supply and Roofing (Stormwater) work for 12 months.
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work in the prescribed classes of Roofing (Stormwater), Sanitary and Water Supply while unregistered and unlicensed in those classes, breaching the Building Act.

Outcome date: 17 January 2020

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Gasfitting work by installing a Type A natural gas appliance without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Fined $300

Registration: DB-U 19984 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 January 2020

Project site location: Doncaster East

Disciplinary action taken

Ground One: Failure to ensure adequate supervision of procedure for protection works

Requirement to successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Two: Failure to ensure backfilling carried out with reasonable skill in a timely manner

Requirement that the practitioner successfully complete within 12 months the following nationally accredited training units:
- CPCCBC4007A – ‘Plan building or construction work’; and
- CPCCBC4008B – ‘Conduct on-site supervision of building and construction projects’.
Direction that the practitioner provide copies of his statements of attainment demonstrating successful completion of the above training units to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $1,500.

Ground Three: Failure to ensure boundary fencing acting as pool barrier was rectified or reinstated

Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Four: Multiple failures to comply with Directions to Fix

Reprimand.
Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Five: Causing the owners of the site to fail to comply with a Building Order

Reprimand.
Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Summary of grounds

Ground One: Failure to ensure adequate supervision of procedure for protection works
The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (the Regulations) which required him to perform his work as a building practitioner in competent manner and to a professional standard because he caused the owner of the site to fail to comply with the protection works provisions of the Building Act 1993 (the Act) both before and after an over-excavation of the site.

Ground Two: Failure to ensure backfilling carried out with reasonable skill in a timely manner
The practitioner contravened regulation 1502(a) of the Regulations which required him to perform his work as a building practitioner in competent manner and to a professional standard because he failed to ensure that backfilling was carried out with reasonable skill and in a timely manner.

Ground Three: Failure to ensure boundary fencing acting as pool barrier was rectified or reinstated
The practitioner contravened regulation 1502(a) of the Regulations which required him to perform his work as a building practitioner in competent manner and to a professional standard because he failed to ensure that a boundary fence acting as a swimming pool barrier was reinstated.

Ground Four: Multiple failures to comply with Directions to Fix
The practitioner contravened section 37H of the Act because he failed to comply with Directions to Fix on three occasions.

Guilty plea – no conviction
Ordered to pay a fine of $2,500 and VBA costs of $826

Registration / Licence: 50183

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 December 2019

Work carried out: Wodonga (24 October 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $44.69

Summary of allegations

permitted or directed another person to carry out plumbing work that was defective in workmanship
failed to provide a compliance certificate for that work within five days of completion
signed and lodged a compliance certificate containing misstatements of fact.

These are all contraventions of various sections of the Building Act.

Outcome date: 18 December 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit, the requisite insurance or registration as a domestic builder. He also committed various offences under the Domestic Building Contracts Act.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $6,000 and VBA costs of $950

Registration: CB-U 1588 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 December 2019

Project site location: 597–605 Sydney Rd, Brunswick (Anstey Square)

Disciplinary action taken

Ground One: Reprimand and $5000 fine.

Ground Two: Reprimand and $5000 fine.

Ground Three: Reprimand and $5000 fine.

Summary of grounds

Two grounds substantiated under section 179(1)(a)(i) of a contravention of the Building Act or regulations, and one ground under section 179(1)(f) of conduct negligent in a particular matter, in the construction of this building, which was the subject of a fire in 2017.

Ground One: [s. 179(1)(a)(i)] Breach of regulation 1502 of the Building Regulations 2006 – not performing work in a competent manner or to a professional standard – when the practitioner used timber framing contrary to the architectural drawings and allowed unsealed penetrations through fire-rated elements in contravention of the Building Code.

Ground Two: [s. 179(1)(a)(i)] Breach of section 16(2) of the Building Act 1993 – not performing work in accordance with the issued permit.

Ground Three: [s. 179(1)(f)(ii)] Negligent in a particular matter in that the practitioner did not ensure work would comply with the Building Act, regulations, Building Code of Australia and relevant building permit.

Registration:

CB-L 407 / Commercial Builder (Limited)
DB-L 1408 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 December 2019 (VCAT decision made 22 June 2022)

Project site location: Various (26 SITES)

The practitioner was found to have engaged in unprofessional conduct by having falsified 25 Certificates of Compliance - Design relating to sheds, carports and/or garages which purported that they were issued by a registered engineer who had no knowledge of the use of his details on those certificates.

He was also found to have contravened section 246 of the Building Act 1993 (as it then was) on 2 occasions by having knowingly providing false or misleading information to a relevant building surveyor with respect to the lodgement of falsified certificates.

The practitioner was found not fit and proper to hold registration, as a result of which, his registrations as a commercial and domestic builder were cancelled.

The practitioner was additionally disqualified from holding registration for a period of 18 months. Penalties of $25,000.00 and reprimands were also imposed.

Registration: BD-L 36146 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 11 December 2019

Project site location: Wheelers Hill

Disciplinary action taken

Ground 1: A penalty of $4,500 and a reprimand.

Ground 2: A penalty of $1,500.

Failure to pay a penalty imposed under a previous show cause process and failure to comply with agreement to vary contract.

Registration: DB-M 36724 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 5 December 2019

Project site location: Wyndham Vale

The practitioner contravened regulation 1502(a) in that he failed to complete the building works by the due date specified in the domestic building contract.

The practitioner contravened section 19 of the Domestic Building Contracts Act in that he refused to permit reasonable access to the site by the owner’s inspector.

The practitioner received reprimands and total penalties of $4,000.00.

Registration / Licence: 50583

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Ocean Grove (19 November 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused breached the Building Act by backfilling a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection.

Registration / Licence: 111018

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Doreen (30 January 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 20 Penalty Units ($3,304.40)
Costs: $163.84

Summary of allegations

It was alleged and substantiated that the accused failed to ensure plumbing work was carried out in a good and workmanlike manner and failed to provide a compliance certificate within five days of completing work, breaching various sections of the Building Act.

Registration / Licence: 112952

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out:

Epping (15 November 2017)
Hampton East (5 January 2018)
Parkdale (18 January 2018)
Mentone (15 February 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 50 Penalty Units ($8,261.00)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused committed multiple breaches of the Building Act. The accused:

backfilled a below-ground sanitary drain without notifying the VBA that the drainage work was available for inspection
failed to provide compliance certificates within five days of completion of work in five instances
failed to provide the VBA with a plan of the sanitary drain.

Registration / Licence: 48642

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Greensborough (16 November to 16 December 2017)

Disciplinary action taken

Fine: Four Penalty Units ($660.88)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused allowed a person to carry out plumbing work (Mechanical Services) when that person was not registered or licensed to carry out that class of work, breaching the Building Act.

Registration / Licence: 37169

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Sunshine (August 2017)

Disciplinary action taken

Reprimand
Fine: Five Penalty Units ($826.10)
Costs: $44.69
Require practitioner to complete core competency units prior to relicensing:
- BSBSMB401A – Establish legal and risk management requirements of small business
- CPCPCM4011A – Carry out work-based risk-control processes
- CPCPCM4012A – Estimate and cost work

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

backfilling a below-ground sanitary drain without first notifying the VBA the drainage work was available for inspection
failing to sign and lodge a compliance certificate for the work within five days of completion.

Registration / Licence: 101489

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Koo Wee Rup (July 2017)

Disciplinary action taken

Reprimand
Fine: Aggregate 30 Penalty Units ($4,956.60)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act. The accused:

carried out specialised plumbing work (gasfitting) involving Type A Appliance Conversion work while unregistered and unlicensed in the prescribed class
carried out plumbing work that was not compliant with the Building Act and Plumbing Regulations
signed and lodged a compliance certificate containing a misstatement of fact.

Registration: BS-U 1588 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 December 2019

Project site locations:

Craigieburn
Thornbury
Cranbourne West
Doncaster East
Dandenong

Disciplinary action taken

Ground 1: Penalty of $107.07.

Ground 2: Reprimand and penalty of $535.33.

Ground 3: Reprimand, penalty of $2,676.66, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 4: Penalty of $133.83.

Grounds 5, 6, 7 & 8: Reprimand (1), combined penalty of $10,706.64, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 9: Reprimand, penalty of $803.00.

Ground 10: Penalty of $267.66.

Ground 11: Penalty of $267.66.

Ground 12: Penalty of $401.50.

Ground 13: Reprimand, penalty of $1,106.00.

Ground 14: Reprimand, penalty of $3,479.66, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 15: Reprimand, penalty of $4,014.99, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 16: Cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

* following an interim partial suspension period of 60 days commencing on 12 December 2019 to enable the transfer of any existing appointments held by the practitioner to another building surveyor.

Summary of grounds

Grounds 1 & 4: The practitioner was found to have contravened section 80 of the Building Act 1993 on two occasions,in that, on each of those occasions, he failed to notify the relevant council in writing of his appointment as the relevant building surveyor and of the building work in respect of which he was appointed within the prescribed 7 day period.

Ground 2: The practitioner was found to have contravened regulation 322(b)(ii) of the Building Regulations 2006 (as they were at the relevant time), in that he failed to forward to the VBA in the approved form details within his knowledge of a lapsed building permit within 7 days after the end of the month in which that permit had lapsed.

Ground 3: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 and Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018 (as were in force during the relevant period respectively), in that he failed, or failed in a timely manner, to take appropriate action upon the lapsing of the building permit and upon becoming aware the subject works had not been constructed in accordance with the building permit and approved documents.

Ground 5: The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993, in that, as the appointed relevant building surveyor, he issued a building permit when he could not have been satisfied that the subject building work and building permit would comply with the Act and the building regulations.

Ground 6: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that he issued a building permit without appropriate consideration of the demolition work required.

Ground 7: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that he failed to ensure appropriate protection work in relation to the required demolition work.

Ground 8: The practitioner was found to have engaged in conduct in relation to his practise as a building practitioner that was negligent in a particular matter.

Ground 9: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that, as the appointed relevant building surveyor, he failed to issue a certificate of final inspection following the completion of the final mandatory inspection being approved as was required pursuant to section 38(1) of the Building Act 1993.

Ground 10: The practitioner was found to have contravened section 125(2) of the Building Act 1993, in that, as the appointed relevant building surveyor, he failed to give to the relevant council written notice of the cancellation of a Building Notice and Building Order within 7 days of cancelling same.

Grounds 11 & 12: The practitioner was found to have contravened section 125(1) of the Building Act 1993 on two occasions, in that, on each of those occasions, he had failed to give to the relevant council a copy of a Building Notice he had issued within 7 days of issuing same.

Ground 13: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary regulation 1502(a) of the Building Regulations 2006 and then regulation 1502(a) of the Building Interim Regulations 2017 (as were in force respectively during the relevant period), in that he was found to have:

issued a Building Notice which was deficient;
issued a Building Order which was unenforceable and/or deficient; and
issued a second and further Building Notice containing similar deficiencies as that first Building Notice despite being on notice of those deficiencies.

Ground 14: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary regulation 1502(a) of the Building Regulations 2006, regulation 1502(a) of the Building Interim Regulations 2017 and regulation 265(a) of the Building Regulations 2018 (as were in force respectively during the relevant period), in that he was found to have:

failed to take timely and/or appropriate enforcement action(s) despite having been put on notice the building work had not been constructed in accordance with the approved drawings and was being occupied without an occupancy permit;
failed to respond to the MBS’ letter of 13 February 2017 within a timely fashion (and/or at all); and
issued an occupancy permit in circumstances where he could not or ought not to have been satisfied that the building was suitable for occupation.

Ground 15: The practitioner was found to have failed to comply with a previous disciplinary determination of the VBA, namely the VBA’s Decision of 6 August 2018, giving rise to a ground for disciplinary action pursuant to section 179(1)(d) of the Building Act 1993.

Ground 16: The VBA determined the practitioner was not a fit and proper person to practise as a building practitioner, being a ground for disciplinary action under section 179(1)(g) of the Building Act 1993.

Outcome date: 27 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $2,500 and VBA costs of $2,500

Outcome date: 21 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work while unregistered and with carrying out plumbing work without a registration or licence, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $2,000 and VBA costs of $995

Registration: BS-U 17479 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 November 2019

Disciplinary action taken

Approving the use of combustible cladding in an apartment building and issuing an occupancy permit when the building was not suitable for occupation and was later issued with an emergency order by the relevant council.

Summary of grounds

Reprimands and penalties $11,000 and two month suspension of registration.

Registration / Licence: 116113

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2019

Work carried out: Craigieburn (June 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 30 Penalty Units ($4,956.60)
Costs: $89.38
Suspension of licence in the class of “Drainage” for 12 months with immediate effect.

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

failing to provide a compliance certificate and/or notify the VBA about its issue within five days of completing plumbing work
backfilling a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection.

Registration / Licence: 107010

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2019

Work carried out: Reservoir (August 2017)

Disciplinary action taken

Fine: Aggregate 10 Penalty Units ($1,652.20)
Costs: $89.38

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act. He was found to have:

backfilled a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection
signed a compliance certificate when he ought to have reasonably known the certificate contained a misstatement of fact
failed to provide an as-laid plan to the relevant water authority before issuing and lodging the compliance certificate.

Registration: DB-U 13035 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 November 2019

Project site location: Newtown

Disciplinary action taken

Ground One: A reprimand and suspension of the practitioner’s registration is to be imposed for a period of three months commencing on the later of 20 January 2020 or the eighth day following the conclusion of any statutory stay on the operation of the Authority’s determination.

Ground Two: A reprimand and suspension of the practitioner’s registration is to be imposed for a period of three months commencing on the later of 20 January 2020 or the eighth day following the conclusion of any statutory stay on the operation of the Authority’s determination, such suspension to operate concurrently with the suspension under Ground One.

Summary of grounds

Ground One: A ground under section 179(1)(a)(i) of the Building Act 1993 (the Act) was determined to exist, that being, that the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017, in that he failed to ensure that the building work progressed in a timely manner and in accordance with the works schedule incorporated into a Deed of Variation, which varied the building contract.

Ground Two: A ground under section 179(1)(m)(i) of the Act was determined to exist, that being, that the practitioner failed to pay fees or other amounts required to be paid under the Act.

Outcome date: 7 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without a building permit.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $20,000

Outcome date: 7 November 2019

Prosecuted for:

The accused committed various offences under the Building Act. He was charged with:

carrying out domestic building work without registration or the required insurance.
knowingly providing false information to the municipal building surveyor carrying out functions under the Building Act.

Outcome

No plea taken
Charges proven – with conviction
Ordered to pay total fines of $75,000 and VBA costs of $1,902

Registration / Licence: 102690

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 6 November 2019

Work carried out: Reservoir (October 2017)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10)
Costs: $119.15

Summary of allegations

It was alleged and substantiated that the accused failed to provide a compliance certificate and/or notify the VBA of its issue within five days of completing work, breaching the Building Act.

Registration / Licence: 43882

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 6 November 2019

Work carried out: Point Cook (October 2015)

Disciplinary action taken

Fine: Aggregate 10 Penalty Units ($1,652.20)
Costs: $119.15

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

carrying out plumbing work (stormwater drainage) that did not comply with the Building Act or Plumbing Regulations
signing a compliance certificate in relation to that work, knowing the certificate contained a misstatement of fact.

Outcome date: 31 October 2019

Prosecuted for:

The accused was charged with carrying out the demolition of a building when he was not the building practitioner named on the building permit.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay a fine of $3,000 and VBA costs of $950

Outcome date: 31 October 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $2,000 and VBA costs of $1,135

Registration: BD-L 45089 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 28 October 2019

Disciplinary action taken

Grounds One and Two:

Penalty of $7,500.
Requirement for the practitioner to complete training units CPCCDE4001A – ‘Plan and prepare for activities on demolition site’ and CPCCDE4003A – ‘Supervise individual activities on demolition sites’.
Direction for the practitioner to provide the VBA with copies of his statements of attainment demonstrating successful completion of the above training units.

Ground Three: Penalty of $3,000.

Summary of grounds

The Authority determined that the following three contraventions had been committed by the Company of which the practitioner was a director, which formed grounds for disciplinary action under section 179(1)(a) of the Building Act 1993 (the Act). Due to his directorship of the Company, and pursuant to section 179A of the Act, the Company’s contraventions were taken to be the practitioner’s contraventions.

Ground One: A contravention of section 246 of the Act, in that, the Company knowingly providing a demolition site plan to the relevant building surveyor in support of a building permit application for building work at the site, which contained false and misleading information.

Ground Two:

A contravention of section 16(1) of the Act, in that, the Company carried out, caused, permitted, directed and procured building work to be undertaken at the site when a building permit in respect of that work had not been issued and was not in force.
A contravention of section 16(2) of the Act, in that, the Company carried out, caused, permitted, directed and procured building work to be undertaken at the site which was not in accordance with the building permit.
A contravention of section 16(4) of the Act, in that, the Company failed to ensure that:
1. the building work at the site for which a building permit was issued was carried out in accordance with that building permit; and
2. as building work was carried out at the site which was beyond the scope of the building permit, that a building permit had been issued and was in force under the Act for that additional work.

Ground Three: A contravention of regulation 1502(a) of the Building Regulations 2006 (Vic.) and the Building Interim Regulations 2017 (Vic.), in that, the Company failed to carry out building work at the site in a competent manner and to a professional standard.

Registration: CDB-U 51652 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 October 2019

Disciplinary action taken

Ground 1: To suspend the registration of QNV Constructions (Vic) Pty Ltd (QNV) as a DOMESTIC BUILDER UNLIMITED (CDB-U 51652) for a period of three (3) years OR until such time as QNV can satisfy the Authority that QNV has a nominee director who is registered under the Act and whose registration authorises the carrying out of building work in the class of Domestic Builder (Unlimited) (whichever occurs earlier).

Summary of grounds

Ground 1: Failure to have a nominee director.

Outcome date: 24 October 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) work by removing and replacing an old corrugated iron roof, guttering and flashings without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $4,000 and VBA costs of $2,000

Registration / Licence: 105162

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 October 2019

Work carried out: Moonee Ponds (26 March to 10 April 2018)

Disciplinary action taken

Fine: Aggregate of 10 Penalty Units ($1,652.20)
Costs: $71.50
Order the Practitioner to undertake further training in three competency units:
- BSBSMB401 – Establish legal and risk management requirements of small business
- CPCPCM4011A – Carry out work-based risk control processes
- CPCPCM4012A – Estimate and cost work within 6 months from the date of the inquiry

Summary of allegations

It was alleged and substantiated that the accused carried out Roofing (Stormwater) work while unlicensed in the prescribed class, breaching various provisions of the Building Act in the process, including failing to provide a compliance certificate when requested (for incomplete work).

Registration / Licence: 107458

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 October 2019

Work carried out: Rockbank (5 May 2018)

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused backfilled a below-ground sanitary drain prior to inspection by the VBA and failed to be on site when a VBA plumbing auditor attended to inspect the work, breaching various sections of the Building Act.

Registration / Licence: 115479

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 October 2019

Work carried out: Frankston North (August 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 45 Penalty Units ($7,434.90)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

carrying out Gasfitting work while unlicensed in the class
carrying out Water Supply work while unregistered and unlicensedd in the class
lodging a compliance certificate while unlicensed.

Registration / Licence: 28807

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 23 October 2019

Work carried out:

Brunswick (August 2012 to March 2017)
Fawkner (August 2012 to March 2017)
Craigieburn (August 2012 to March 2017)
Gladstone Park (August 2012 to March 2017)
Glenroy (August 2012 to March 2017)

Disciplinary action taken

Reprimand
Fine: Aggregate of 40 Penalty Units ($6,608.80)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused breached the Building Act by:

backfilling a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection
failing to provide and lodge a compliance certificate for the work.

Outcome date: 17 October 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay $500 to the Court fund and VBA costs of $826

Registration:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 October 2019 (Determination on appeal at VCAT on 19 August 2019)

Project site location: Belgrave

Disciplinary action taken

Ground 1: Reprimand and penalty of $300 (against BS-L)
Ground 2: Reprimand and penalty of $800 (against IN-U)
Ground 3: Reprimand and penalty of $1,200 (against BS-L and IN-U)
Ground 4: Reprimand and penalty of $750 (against IN-U)
Ground 5: Reprimand (against BS-L)
Ground 6: Reprimand and penalty of $500 (against BS-L)

Summary of grounds

Ground 1 (previously Ground 2): The practitioner contravened regulation 314(1)(a) of the Building Regulations 2006 (Building Regulations) in that in or about December 2015 and in relation to relation to building work consisting of the construction of a new verandah (the Verandah Works) at Belgrave South, Victoria (the Site), he failed to forward to the owner of the Site a copy of the building permit numbered BS-L 3780620150131/0 for the Verandah Works within seven days of the building permit issuing on 18 December 2015.

Ground 2 (previously Ground 3): The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Building Regulations) in that in or about February 2016 in relation to the conversion of a class 10a building to a class 1a habitable out-building (Barn Conversion Works) at Belgrave South, Victoria (the Site), he did not perform his work as a building practitioner in a competent manner and to a professional standard, as he issued written directions under section 37 of the Building Act 1993 (the Act) in relation to the Barn Conversion Works which did not satisfy section 37 of the Act and/or went beyond the matters/power in section 37 of the Act.

Ground 3 (previously Ground 4): The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Building Regulations) in relation to building work consisting of the construction of a new verandah (the Verandah Works) at Belgrave South, Victoria (the Site), in that he did not perform his work as a building practitioner in a competent manner and to a professional standard in that he:

failed to communicate to the owner of the Site his concerns about the stump holes within a reasonable time after a mandatory stage inspection; and
caused unreasonable delay by not issuing a building notice to the owner until September 2016.

Ground 4 (previously Ground 5): The practitioner contravened section 230 of the Building Act 1993 (the Act) in that on 27 October 2016 and in relation to building work consisting of the construction of a new verandah (the Verandah Works) at Belgrave South, Victoria (the Site), he entered the Site for the purposes of carrying out an inspection authorised or required by the Act or the regulations when the residence of the owner of the Site was situated on the Site and the owner resided at the Site and he had not given the owner at least 24 hours notice before entering the Site.

Ground 5 (previously Ground 7): The practitioner contravened section 38 of the Building Act 1993 (the Act) in that from on or about 30 November 2017 and in relation to building work consisting of the construction of a new verandah (the Verandah Works) at Belgrave South, Victoria (the Site), he failed, refused or otherwise neglected to issue a certificate of final inspection for the Verandah Works after the final mandatory stage inspection had taken place when no occupancy permit was required for that building work and all directions given under Part 4 of the Act in respect of that building work had been complied with.

Ground 6 (previously Ground 8): The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Building Regulations) in that in or about November 2016 and February 2017 and in relation to relation to building work consisting of the construction of a new verandah (the Verandah Works) at Belgrave South, Victoria (the Site), he did not perform his work as a building practitioner in a competent manner and to a professional standard, as he made false and/or misleading representations to the Owner of the Site that legal proceedings would automatically and immediately commence against him upon the expiry of building orders dated November 2016 and February 2017.

Registration: CDB-U 52632 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 October 2019

Project site location: Clyde North

Disciplinary action taken

Ground 1: A partial suspension was imposed, suspending the practitioner’s registration save and except for the building work the subject of Domestic Building Dispute Resolution Victoria’s (DBDRV) dispute resolution order for six months or until the VBA received notice from DBDRV that the breach of the dispute resolution order had been cancelled. That partial suspension ended on 13 December 2019 pursuant to section 179(5) of the Building Act 1993 (the Act), when DBDRV cancelled the breach of dispute resolution order.

Summary of grounds

Ground 1: A ground for disciplinary action existed under section 179(1)(db) of the Act in that, on 8 April 2019, the practitioner was issued with a breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 for failure to comply with a dispute resolution order under that Act and, on 30 May 2019, the chief dispute resolution officer of DBDRV gave written notice to the Victorian Building Authority accordingly. That ground ceased to exist under section 179(5)(a) of the Act on 13 December 2019 upon the cancellation of the breach of dispute resolution order by DBDRV.

Registration: DB-U 42436 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 October 2019

Project site location: Clyde North

Disciplinary action taken

Ground 1: (a) Direct that the practitioner does not do the following specified things during any period that the registration of ADGR Realty Pty Ltd, trading as King Ruby Homes (King Ruby Homes) (CDB-52362), is suspended pursuant to the existence of the breach of dispute resolution order notice issued by Domestic Building Dispute Resolution Victoria (DBDRV) to King Ruby Homes:

That the practitioner does not enter into any domestic building contracts where he is personally named as the builder using his personal registration (DB-U 42436).
That the practitioner does not apply or allow others to apply for a building permit where he is the named building practitioner engaged to carry out the building work using his personal registration (DB-U 42436).
That the practitioner does not take steps to transfer any domestic building contracts and/or permits naming King Ruby Homes as the builder into his name using his personal registration (DB-U 42436).

Ground 1: (b) Impose a penalty of $4,000.

On 13 December 2019, DBDRV cancelled the breach of dispute resolution order notice issued to King Ruby Homes.

Summary of grounds

Ground 1: Disciplinary action under section 179(1)(da) of the Building Act 1993 (the Act):

The practitioner failed to comply with a dispute resolution order issued pursuant to section 49 of the Domestic Building Contracts Act 1995 (DBCA).
Failure to comply with a dispute resolution order is a contravention of section 49B(5) of the DBCA.
That contravention is taken to have been a contravention by the practitioner as a director of King Ruby Homes for the purposes of section 179 of the Act.

Outcome date: 15 October 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) by removing and replacing metal roofing without being licensed or registered in the prescribed class.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for three months

Outcome date: 15 October 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Mechanical Services by removing and replacing an air-conditioning unit and replacing metal roofing without being licensed or registered in the prescribed class.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for three months

Outcome date: 14 October 2019

Prosecuted for:

The accused was charged with refusing to provide a relevant building surveyor (RBS) with all documents in his possession that related to building work, as directed by the VBA following his termination as the relevant building surveyor.

He was also charged with providing misleading documents to the new RBS and the VBA by saying files had been destroyed when they had not.

Outcome

Ex parte hearing – no conviction
Fined $2,000 and ordered to pay VBA costs of $2,647

Registration: BS-U 15774 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 October 2019

Project site location: Greenvale

Disciplinary action taken

For Grounds One, Two, Three, Five, Six, Eight and Nine: To impose reprimands; and

For Grounds Five and Eight: To direct the practitioner to do the following specified things, in his capacity as the relevant building surveyor for the building work:

within 14 calendar days of the date of issue of the Authority’s determination, to personally attend and conduct an inspection of the building work (the site inspection); and
after conducting the site inspection, and as soon as the Act and the Regulations permit the practitioner to do so, to take any and all action(s) within the practitioner’s powers as the relevant building surveyor which are reasonable and necessary to bring the works into compliance with the Act and the Regulations (incorporating AS1926.1) and to ensure the life and safety of persons occupying the site, including, but not limited to, the taking of any enforcement measures appropriate under Part 8 of the Act; and
within 45 calendar days of the date of issue of the Authority’s determination, to report to both the municipal building surveyor for the relevant council and to the Authority’s Practitioner Discipline Unit in writing as to the site inspection(s) undertaken, the compliance status of the site and any action(s) taken by the practitioner in relation to the directions contained at paragraph 2(ii) above;
or
alternatively to directions 2(i), (ii) and (iii) above and applicable only in the event that the practitioner is unable to access the site to conduct the site inspection directed after using reasonable endeavours and after exhausting all entry powers available under the Act, by no later than 60 calendar days after the date of issue of the Authority’s determination, direct the practitioner to provide a statutory declaration to the Authority’s Practitioner Discipline Unit, with a copy to the municipal building surveyor for the relevant council, detailing why the practitioner was unable to carry out the site inspection directed at 2(i) above, including particulars of what attempts were made to carry out that site inspection; and

For Grounds One, Two, Nine and Ten: To require the practitioner to complete the following nationally recognised training course CPCCBS6008 – Process building applications for residential buildings up to three storeys’ (or equivalent where superseded) through an approved Victorian Registered Training Organization (RTO) by 31 December 2020; and

For Grounds Three, Five, Six, Eight & Ten: To require the practitioner to complete the following nationally recognised training course CPCCBS6003 – Apply legal and ethical requirements to building surveying functions (or equivalent where superseded) through an approved Victorian RTO by 31 December 2020; and

With respect to paragraphs 3 and 4 above, to direct the practitioner to provide copies of his certificates of attainment for those courses to the Authority’s Practitioner Discipline Unit by email within 30 calendar days of each course completion; and

For Grounds One, Two, Five, Eight & Ten: To impose the following condition on the practitioner’s registration:
“The practitioner is not to issue any new building permits for swimming pools, spas and/or swimming pool barriers until he successfully completes courses CPCCBS6008 and CPCCBS6003 (or equivalent where superseded) and provides evidence of the same to the VBA”.
The condition is to be imposed upon the practitioner’s registration commencing immediately upon the Authority’s determination being served upon the practitioner and until such time as the practitioner has complied with the condition.

For Grounds One, Two, Three, Four, Five, Six, Seven, Eight and Nine: to impose the following monetary penalties, the aggregate of which is $23,400:

Ground One:	$4,000
Ground Two:	$4,250
Ground Three:	$1,000
Ground Four:	$250
Ground Five:	$6,500
Ground Six:	$600
Ground Seven:	$50
Ground Eight:	$6,000
Ground Nine:	$750

Summary of grounds

Grounds One and Two: Two grounds under section 179(1)(a)(i) of the Building Act 1993 (the Act), being that, the practitioner, on two occasions, contravened section 24(1)(a) of the Act, in that, as the appointed relevant building surveyor, he issued a building permit when he could not have been satisfied that the building work and the building permit would comply with the Act and the Building Regulations 2006 (the 2006 Regulations) (as they then were).

Ground Three: A ground under section 179(1)(a) of the Act, being that, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the 2006 Regulations (as they then were), in that he caused, permitted or directed an email to be sent to the owner of the site by his company indicating that the building permit in force could be varied to include illegal building works which he knew had already been carried out without a building permit.

Ground Four: A ground under section 179(1)(a) of the Act, being that, the practitioner contravened section 125(1) of the Act, in that, as the appointed relevant building surveyor, he failed to give to the relevant council a copy of a Building Notice within 7 days of issuing same.

Ground Five: A ground under section 179(1)(a) of the Act, being that, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the 2006 Regulations, regulation 1502(a) of the Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018 (as they were during the relevant periods), in that, as the relevant building surveyor, the practitioner failed to take timely and/or appropriate action in relation to the lapse of a building permit and/or the non-compliant swimming pool barrier.

Ground Six: A ground under section 179(1)(a) of the Act, being that, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the 2006 Regulations (as they then were), in that, as the relevant building surveyor, the practitioner purported to issue to the owner of the site a section 111 Building Order which did not comply with the requirements of Part 8 of the Act and/or regulation 905 of the 2006 Regulations.

Ground Seven: A ground under section 179(1)(a) of the Act, being that, the practitioner contravened section 125(1) of the Act, in that, as the appointed relevant building surveyor, he failed to give to the relevant council a copy of a Building Order within 7 days of issuing same.

Ground Eight: A ground under section 179(1)(a) of the Act, being that, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the 2006 Regulations (as they then were), in that, as the relevant building surveyor, he approved a swimming pool barrier at the site which had not been constructed in accordance with the relevant building permit and endorsed documents and which did not comply with AS1926.1-2007 (and/or AS1926.1-2012).

Ground Nine: A ground under section 179(1)(a) of the Act, being that, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the 2006 Regulations (as they then were), in that, as the relevant building surveyor, the practitioner issued an amended building permit which:

stipulated a different and further incorrect date by which completion of the works was to occur contrary to regulations 313(3)(a) and 315(1)(b)(i) of the 2006 Regulations; and/or
retrospectively extended the period that the building permit was in force by changing the nominated completion date on the amended permit.

Ground Ten: A ground under section 179(1)(f)(i) of the Act, in that, the practitioner has engaged in conduct relating to his practise as a building practitioner which is constituted by a pattern of incompetence.

Outcome date: 9 October 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) work by installing metal roof sheeting on a shed without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Placed on a diversion plan
Ordered to donate $500

Outcome date: 9 October 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) work by installing quad eaves guttering and metal roof sheeting on a shed without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Placed on a diversion plan
Ordered to donate $500

Registration: DB-U 62291 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 October 2019

Disciplinary action taken

To suspend the practitioner’s registration as a Domestic Builder – Unlimited for a period of three (3) years from the date of effect of this Notice of Decision OR until such time as the practitioner can satisfy the Authority that he is no longer an officer of a body corporate that is subject to external administration (whichever occurs earlier).

Summary of grounds

Being an officer of a company subject to external administration.

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) work by installing new Colorbond roof sheets without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – proven and dismissed

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) by installing new Colorbond roof sheets without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Fined $1,000

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out domestic building work while not registered, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay VBA costs of $1,052

Outcome date: 24 September 2019

Prosecuted for:

The accused commited various breaches of the Building Act. He was charged with:

holding himself out to be a registered builder while unregistered
knowingly providing false and misleading information to the relevant building surveyor.

Outcome

Ex parte hearing – no conviction
Ordered to pay a fine of $5,000 and VBA costs of $826

Registration: BS-U 24084 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 September 2019

Disciplinary action taken

Reprimands and penalties $6,500

Summary of grounds

Issuing a building permit for a four unit building with the incorrect classification, failing to seek report and consent of the chief officer, issuing a further building permit contrary to a building order issued by Council

Outcome date: 17 September 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty plea – diversion plan
Undertaking to be of good behaviour for six months
Ordered to pay $1,000

Outcome date: 12 September 2019

Prosecuted for:

The accused was charged with three counts of carrying out plumbing work when not registered or licensed in the particular classes of Drainage, Water Supply and Sanitary work, contravening the Building Act.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to donate $1,000 and pay VBA costs of $1,206

Outcome date: 12 September 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit and without registration as a domestic builder, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction; ordered to pay a fine of $10,000 and VBA costs of $1,188

Registration / Licence: 52257

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 11 September 2019

Work carried out: Hallam (July to September 2017)

Disciplinary action taken

Reprimand
Fine: 30 Penalty Units ($4,956.60)
Costs: $297.90

Summary of allegations

It was alleged and substantiated that the accused:

carried out Mechanical Services work without being registered or licensed to carry out work of that class
carried out plumbing work (Water Supply) for which a compliance certificate is required, without being licensed in that class
signed a compliance certificate containing a misstatement of fact.

Registration: DB-L 31975 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 September 2019

Project site location: Newham

Disciplinary action taken

Grounds 1 to 5:

Reprimand, direct Mr Bettens to complete nationally recognised training units equivalent to: CPCCBC4003A – ‘Select and prepare a construction contract’ and either CPCCBC4009B – ‘Apply legal requirements to building and construction projects’ or CPCCBC4016A – ‘Administer a construction contract’ by 9 September 2020.
Direct Mr Bettens to provide to the VBA with a copy of the certificates of attainment for those units within 21 days of his receipt of those certificates.
A penalty of $9600 to be paid in 24 equal monthly instalments commencing on 30 September 2019.

Summary of grounds

Ground 1: The practitioner contravened section 16(1) of the Building Act 1993 in that he carried out, procured or caused building work to be undertaken when a building permit in respect of the work had not been issued and was not in force under the Act.

Ground 2: The practitioner contravened section 136(2) of the Building Act 1993 in that he carried out domestic building work under a major domestic building contract when he was not covered by the required insurance.

Ground 3: The practitioner contravened sub-sections 31(1)(d), (f), (g), (h), (i), (l) and (n) to (r) of the Domestic Building Contracts Act 1995 in that he entered into a major domestic building contract for work which did not contain certain mandated content. The contract, amongst other omitted content, had not included plans and specifications sufficient for a building permit to be obtained, the registration number of the builder who entered into the contract, the date the work was to start, a notice to the consumer about their cooling off rights and the checklist approved by the Director of Consumer Affairs Victoria.

Ground 4: The practitioner contravened section 11(1) of the Domestic Building Contracts Act 1995 in that he demanded and received under a domestic building contract under $20,000.00, a deposit in excess of 10 percent of the contract price.

Ground 5: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 in that he failed to carry out work as a building practitioner in a competent manner and to a professional standard because as the registered building practitioner responsible for the work he failed to satisfactorily supervise and failed to ensure the satisfactory supervision of the work undertaken by others to ensure it was undertaken with reasonable care and skill and would comply with the building permit, the Act and Regulations.

Registration: DB-U 8251 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2019

Project site location: Nathalia

Disciplinary action taken

Ground 1: Reprimand, $3,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 2: Reprimand, $3,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 3: Reprimand and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 4: Reprimand, $2,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Summary of grounds

Ground 1: During the period February 2014 to July 2014 or thereabouts, the building practitioner carried out building work relating to the footings and framing not in accordance with the building permit in breach of s.16(2) of the Building Act.

Ground 2: During the period February 2014 to July 2014 or thereabouts, the building practitioner failed to notify the relevant building surveyor of the completion of the mandatory frame stage without delay in breach of s33(1) of the Building Act.

Ground 3: In December 2014, the building practitioner demanded final payment under the major domestic building contract when work had not been completed in accordance with the plans set out in the contract in breach of s.42 of the Domestic Building Contracts Act.

Guilty plea – penalty appealed to County Court.
Appeal against penalties imposed in joint VBA and City of Melbourne prosecution heard with appeal against penalties imposed in prosecution by the Environmental Protection Authority.
Convicted and fined $550,000 in relation to City of Melbourne and VBA matters, and $100,000 in relation to Environment Protection Authority matters.
Ordered to pay $30,000 to a community project.
Total costs for three accuseds in relation to all matters $176,883 – see also KUTELSOVSKI and SHAQIRI.

Registration: CB-L 41528 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 5 September 2019

Project site location: West Footscray

Disciplinary action taken

Ground 1: Reprimand, $5,000 penalty and five-month suspension commencing 45 days from date of decision.

Ground 2: Reprimand, $4,500 penalty and two-month suspension, to run concurrently with the period of suspension imposed under Ground 1, commencing 45 days from date of decision.

Summary of grounds

Ground 1: During the period June 2014 to April 2015 the building practitioner contravened s.176(2A) of the Act in that he carried out building work under a major domestic building contract when he was not registered in the appropriate class of builder.

Ground 2: In July 2014 the building practitioner contravened s.179(1)(b) of the Act in that he engaged in unprofessional conduct by paying another building practitioner a previously agreed payment of $10,000 for his ongoing use of the other building practitioner's domestic building registration in relation to carrying out the building works at the site.

Outcome date: 4 September 2019

Prosecuted for:

The accused was charged with three counts of carrying out plumbing work when not registered or licensed in the particular classes of Gasfitting, Water Supply and Sanitary.

Outcome

Ex parte hearing – with conviction
Ordered to pay a fine of $10,000 and VBA costs of $937

Outcome date: 2 September 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Fined $1,500
Ordered to pay VBA costs of $955

Registration: BS-U 1354 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 August 2019

Disciplinary action taken

Penalties of $26,000, cancellation of registration, disqualification for three years or until successful completion of CPCCBS6003: Apply legal and ethical requirements to building surveying functions.

Summary of grounds

Purported of issuing 107 building permits when registration as a building surveyor was suspended

Registration: BS-U 1354 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 August 2019

Project site location: 107 sites across Victoria

Disciplinary action taken

Grounds 1–107: Penalties of $22,000, interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by the cancellation of the practitioner’s registration (on 10 November 2019) and his disqualification in any category of registration for a period of up to 3 years (or until he completes training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ if that occurs sooner).

Grounds 108–117: Penalties of $4000, interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by the cancellation of the practitioner’s registration (on 10 November 2019) and disqualification from registration in any category of registration for a period of up to 3 years (or until he completes training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ if that occurs sooner).

Ground 118: Interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by cancellation of registration (on 10 November 2019).

Summary of grounds

Grounds 1–107: The practitioner was found to have acted in contravention of section 169D(1)(b) of the Building Act 1993 on 107 occasions, in that he purported to issue building permits on each of those occasions when not authorised to do so (as a result of a previous disciplinary suspension).

Grounds 108–117: The practitioner was found to have acted in contravention of section 78A(b) of the Building Act 1993 on 10 occasions, in that, he purported to accept an appointment as a relevant building surveyor on each of those occasions when not authorised to do so (as a result of a previous disciplinary suspension).

Ground 118: Having regard to Grounds 1 to 117, the VBA determined the practitioner was not a fit and proper person to practise as a building practitioner, being a ground for disciplinary action under section 179(1)(g) of the Act.

Outcome date: 29 August 2019

Prosecuted for:

The accused was charged with failing to comply with a Building Order – Minor Work, in breach of the Building Act.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for four months
Ordered to comply with a Building Order – Minor Work

Outcome date: 29 August 2019

Prosecuted for:

The accused was charged with carrying out excavation work without a building permit.

Outcome

Guilty plea – no conviction
Fined $1,250

Registration: IN-L 27442 / Building Inspector (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 August 2019

Project site location: Newborough

Disciplinary action taken

Ground 1: Reprimand and $2000 penalty.

Ground 2: Reprimand and $1500 penalty.

Summary of grounds

Ground 1: In October 2014, the building practitioner failed to perform his work in a competent manner and to a professional standard, contrary to Regulation 1502(a) of the Building Regulations, in that he failed to detect non-compliant building work at a frame inspection (which was subsequently approved) in relation to fewer stumps and concrete stumps being installed instead of concrete stumps as per building permit, approved plans, and BCA 3.4.3 and AS 1684; no bracing of stumps in the direction approved on the plans; and the builders departure from the specified timber specifications for the bearers and joists.

Ground 2: In July 2015, the building practitioner failed to perform his work in a competent manner and to a professional standard, contrary to Regulation 1502(a) of the Building Regulations, in that he failed to detect non-compliant building work at a final inspection (which was subsequently approved) in relation to sub-floor insulation not installed to all areas in accordance with approved plans, BCA 3.12.1.1 or in accordance with the manufacturer’s instructions and the BCA 3.12.1.1; Veranda not constructed according to approved plans and BCA P2.2.2 due to fall and drainage collection, guttering and waterproofing being inadequate; and two timber structural support posts not provided in an area as per approved plans and BCA P2.1.

Registration: BS-U 14716 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 August 2019

Project site location: Doncaster

Disciplinary action taken

Ground 1: Reprimand and $3,500 penalty.

Ground 2: Reprimand and $500 penalty.

Ground 3: Reprimand and $1,500 penalty.

Ground 4: Reprimand and $1,250 penalty.

Summary of grounds

Ground 1: In November 2014 the building practitioner was found to have contravened s.24(1)(b) of the Act in that he issued a building permit for building work consisting of alterations and additions to an existing dwelling when he could not have been satisfied that the report and consent of the relevant Council had been obtained.

Ground 2: In November 2014 the building practitioner was found to have contravened s.30(1) of the Act in that he failed to give the relevant Council a copy of the building permit and associated documents within the prescribed time frame of 7 days after issuing the building permit.

Ground 3: During the period October 2014 to June 2015 the building practitioner failed to perform his work in a competent manner and to a professional standard, contrary to R.1502(a) of the Regulations, in that he failed to take timely enforcement action upon being made aware of non-compliant building work.

Ground 4: In June 2016 the building practitioner failed to carry out his work in a competent manner and to a professional standard, contrary to Regulations1502(a) of the Building Regulations, in that he did not refer a Building Order issued by him in November 2015, as subsequently varied by the Building Appeals Board in April 2016, to the VBA within 14 days after the final date for compliance in the order had not been achieved, as required by s.115 of the Act.

Registration: BS-U 14813 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2019

Disciplinary action taken

Reprimands, penalties $6,500 and a condition on registration prohibiting the issuing of building permits for swimming pools for 180 days.

Summary of grounds

Issuing eight building permits for swimming pools contrary to a condition on registration prohibiting the issuing of building permits for swimming pools until specified training was completed and issuing eight building permits that did not stipulate required time limits for completion of building work.

Outcome date: 20 August 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $60,000 and VBA costs of $423

Registration: IN-U 38140 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 August 2019

Project site location: Nathalia

Disciplinary action taken

Ground 1: Reprimand and $1,000 penalty.

Ground 2: Reprimand and $1,700 penalty.

Summary of grounds

Ground 1: During the period February 2014 to July 2014 or thereabouts, the building practitioner failed to perform his work in a competent manner and to a professional standard, contrary to Regulation 1502(a) of the Building Regulations, in that he failed to detect non-compliant building work in relation to the subfloor, roof trusses and frame not being constructed in accordance with the approved plans.

Ground 2: In or about June 2014 to July 2014, the building practitioner failed to perform his work in a competent manner and to a professional standard, contrary to Regulation 1502(a) of the Building Regulations, in that he failed to provide a more detailed and accurate inspection report of his findings to the relevant building surveyor following his inspection.

Outcome date: 15 August 2019

Prosecuted for:

The accused committed various breaches of the Building Act. He was charged with:

carrying out domestic building work while not registered as a domestic builder
holding himself out as being qualified to practise
carrying out building work without the requisite insurance.

Outcome

Ex parte hearing – no conviction
Ordered to pay a fine of $7,500 and VBA costs of $826

Registration / Licence: 48434

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 12 August 2019

Work carried out: Cranbourne East (May to September 2017)

Disciplinary action taken

Reprimand
Fine: 10 Penalty Units ($1,652.20)
Costs: $89.38

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work (Water Supply) for which a compliance certificate is required, when he was not licensed to do so, in breach of the Building Act.

Registration / Licence: 44778

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 12 August 2019

Work carried out: Hampton Park (August to September 2017)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10)
Costs: $89.38

Summary of allegations

It was alleged and substantiated that the accused backfilled a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection, breaching the Building Act.

Outcome date: 6 August 2019

Prosecuted for:

The accused was charged for holding himself out to be a registered building practitioner and carrying out an inspection of domestic building work when not registered as a Building Inspector, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – diversion plan
Undertaking of good behaviour for 12 months
Orderd to pay a fine of $6,000 and VBA costs of $950

Registration: DB-U 25996 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 July 2019

Project site locations:

Marungi
Kinglake West
Bunyip

Disciplinary action taken

Ground 1: A reprimand and $2,500 penalty.

Grounds 2 and 3: A reprimand and a suspension of the practitioner’s registration for a period of three months.

Grounds 4 to 11: A reprimand, a direction that the practitioner (at his cost) successfully complete the nationally recognised training unit CPCCBC4009B: ‘Apply legal requirements to building and construction projects’ (or its equivalent where superseded) (the Training) and provide the VBA with proof of his completion of the Training, the imposition of a condition on the practitioner’s registration that he cannot enter into any building contracts and/or be nominated as the builder on any building permits relating to the construction of swimming pools and/or safety barriers until he has provided the VBA with his proof of completion of the Training and a $10,000 penalty.

Summary of grounds

Ground 1: In relation to the construction of a swimming pool and safety barrier (the Marungi Building Work), the practitioner contravened section 16(1) of the Building Act 1993 (the Act) in that he carried out aspects of the Marungi Building Work, namely excavation work, when a building permit had not been issued and was not in force and the Marungi Building Work was not exempted by or under the Act or the Regulations.

Ground 2: The practitioner engaged in unprofessional conduct as referred to in section 179(1)(b) of the Act by entering into an agreement or understanding with the owners of the site that he would apply for a building permit and/or insurance for the Marungi Building Work using his status as a building practitioner registered under the Act when he was not contracted to perform and/or supervise and/or manage the Marungi Building Work.

Ground 3: The practitioner contravened section 246 of the Act by knowingly providing a person carrying out a function under the Act an application for a building permit which contained false and/or misleading information.

Ground 4: In relation to the construction of a swimming pool and safety barrier (the Kinglake West Building Work), the practitioner contravened section 78(1A) of the Act in that he entered into a major domestic building contract for the Kinglake West Building Work or proposed to act as a domestic builder in relation to the Kinglake West Building Work and appointed the relevant building surveyor on behalf of the owner of the site on which the Kinglake West Building Work, being domestic building work, was to be carried out.

Ground 5: The practitioner failed to comply with section 16(1) of the Act in that as the registered building practitioner responsible for the Kinglake West Building Work, he carried out an element of the Kinglake West Building Work when a building permit had not been issued and was not in force and the Kinglake West Building Work was not exempted by or under the Act or the Regulations.

Ground 6: The practitioner contravened section 136(2) of the Act in that he carried out an element of the Kinglake West Building Work when he was not covered by the required insurance under the Act.

Ground 7: The practitioner contravened regulation 1502 of the Regulations in that he failed to perform his work in a competent manner and to a professional standard in that he demanded and/or received and retained money under an insurable domestic building contract before a policy for the required insurance under the Act had issued.

Ground 8: In relation to the construction of a swimming pool and safety barrier (the Bunyip Building Work), the practitioner contravened section 78(1A) of the Act in that he entered into a major domestic building contract for the Bunyip Building Work or proposed to act as a domestic builder in relation to the Bunyip Building Work and appointed the relevant building surveyor on behalf of the owner of the site on which the Building Work, being domestic building work, was to be carried out.

Ground 9: The practitioner failed to comply with section 16(1) of the Act in that he, as the registered building practitioner responsible for the Bunyip Building Work, carried out an element of the Bunyip Building Work when a building permit had not been issued and was not in force and the work was not exempted by or under the Act or the Regulations.

Ground 10: The practitioner contravened section 136(2) of the Act in that he carried out an element of the Building Work when he was not covered by the required insurance under the Act.

Ground 11: The practitioner contravened regulation 1502 of the Regulations in that he failed to perform his work in a competent manner and to a professional standard in that he demanded and/or received and retained money under an insurable domestic building contract before a policy for the required insurance under the Act had issued.

Registration: DB-U 12407 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2019

Project site location: Keilor East

Disciplinary action taken

Ground 1: Reprimand, $2400 penalty and a requirement that the practitioner successfully complete the nationally recognised course "CPCCBC4009B - Apply legal requirements to building and construction projects" and to provide evidence of completion to the VBA within 12 months.

Ground 2: Reprimand and $1100 penalty.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Regulations) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, by organising or arranging for demolition building work to be carried out by someone that was not registered in the appropriate category or class of domestic builder.

Ground 2: The practitioner contravened Regulation 1502(a) of the Regulations by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, by failing to notify and provide new updated details to the relevant building surveyor of the person he had engaged to carry out the demolition building work for the relevant building surveyor to be satisfied that the registered demolisher was covered by the required insurance and to consider any other relevant documentation for the intended demolition process, knowing the current building permit was incorrect whilst the works he had arranged or organised were being carried out by someone else.

Registration: DB-L 40350 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2019

Project site location: Elmhurst

Disciplinary action taken

Ground 1: Reprimand and $3,000.00 penalty.

Ground 2: Reprimand and $2,500.00 penalty.

Ground 3: Reprimand and $417.29 penalty.

Ground 4: Reprimand.

Summary of grounds

Ground 1: The practitioner failed to comply with section 16(4) of the Act by failing to ensure that a building permit had been issued or was in force prior to and during the course of carrying out the building works.

Ground 2: The practitioner failed to comply with section 136(2) of the Act by carrying out the building works under a major domestic building contract without the required insurance being in place.

Ground 3: The practitioner contravened section 31(1) of the Domestic Building Contracts Act in that he entered into a major domestic building contract for the building works that failed to set out the details of the required insurance that applied to the work to be carried out.

Ground 4: The practitioner contravened section 37(2)(a) of the Domestic Building Contracts Act in that he did not give the owner a signed consent to the variation and a copy of the notice as required by section 37(1) of the same Act.

Registration:

DB-U 19984 / Domestic Builder (Unlimited)
DB-M 19033 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 18 June 2019

Project site location: Kilsyth

Disciplinary action taken

Ground 1: Reprimand and penalty of $8,000.

Ground 2: Reprimand, penalty of $5,500 and requirement to complete training course CPCCBC4009B – ‘Apply legal requirements to building and construction projects’ and provide attainment certificate to VBA.

Summary of grounds

Ground 1: The practitioner contravened section 49B(5) of the Domestic Building Contracts Act 1995 (the DBCA), in that he failed to comply with a dispute resolution order of the DBDRV pursuant to section 49 of the DBCA.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (then regulation 1502(a) of the 2017 Interim Regulations and regulation 265(a) of the 2018 Regulations), in that he failed to ensure that the subject building work had progressed in a timely manner and failed to ensure that those works were completed within the construction period specified in the subject building contract.

Registration / Licence: 42092

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: February 2008 to August 2010

Disciplinary action taken

Fine: 8 Penalty Units ($1,289.52)
Costs: $47.15

Summary of allegations

Carry out, or a party to, carrying out plumbing work otherwise than in a good and workmanlike manner.

Registration / Licence: 40224

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: July to August 2016

Disciplinary action taken

Reprimand
Offer next five compliance certificates to the Authority for inspection
Fine: 30 Penalty Units ($4,835.70)
Costs: $47.15

Summary of allegations

221FA – for carrying out plumbing work that does not comply with the Act or Regulations.
221ZJ – for signing a compliance certificate having known, or ought reasonably to have known, the certificate contains a misstatement of fact.

Registration / Licence: 37014

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: June 2015 to May 2016

Disciplinary action taken

Fine: 16 Penalty Units ($2,579.04)
Costs: $47.15

Summary of allegations

Carry out, or a party to, carrying out plumbing work otherwise than in a good and workmanlike manner.
221ZJ – for signing a compliance certificate having known, or ought reasonably to have known, the certificate contains a misstatement of fact.

Registration / Licence: 107529

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: April to May 2017

Disciplinary action taken

Reprimand
Fine: 50 Penalty Units ($8,059.50)
Costs: $47.15

Summary of allegations

221D(1) – for carry out plumbing work (Gasfitting and Water Supply) without being licensed or registered to carry out work of that class or type.
221ZK(a) – for signing a compliance certificate issued by the Authority when not licensed to do so, and/or signing a document that was not issued by the Authority, but purports to be a compliance certificate.

Registration / Licence: 51670

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: October 2012

Disciplinary action taken

Fine: 10 Penalty Units ($1,611.90)
Costs: $47.15

Summary of allegations

221ZH(2) – for failing, within five days, to give the person for whom work was carried out a compliance certificate, and/or notify the Authority.

Registration: BS-U 18788 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 June 2019

Project site location: Glenlyon

Disciplinary action taken

Ground 1: $1,000 penalty.

Ground 2: A reprimand and $3,000 penalty.

Ground 3: A reprimand and $5,000 penalty.

Summary of grounds

Ground 1: The practitioner contravened section 24(1)(a) of the Act by issuing a building permit in circumstances where he could not have been satisfied that the permit would comply with a regulatory requirement to have all alternative solutions documented, or that the building work would comply with regulatory requirements relating to stormwater drainage.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Regulations) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, because he approved the slab steel inspections of the building works despite multiple instances of non-compliance relating to slab levels and plumbing and drainage works that ought to have been detected.

Ground 3: The practitioner contravened Regulation 1502(a) of the Regulations by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, because he approved the frame stage mandatory inspection when he had only inspected part of the frame works, which had not been completed, and when the works inspected had defects and non-compliance.

Registration / Licence: 39871

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 14 June 2019

Work carried out: September 2016 to October 2017

Disciplinary action taken

Reprimand
Fine: 5 Penalty Units ($805.95)
Costs: $47.15

Summary of allegations

221FA – for carrying out plumbing work that does not comply with the Act or Regulations.
221ZH(2) – for failing, within five days, to give the person for whom work was carried out a compliance certificate, and/or notify the Authority.
221ZW(5) – for failing to comply with a requirement or order of an inspector or auditor in a rectification notice, and/or asking for or receiving any money in respect of anything done in complying with a rectification notice.
221ZA – for failing, within 14 days, to notify the Authority of a change of business address.

Registration:

BS-U 1236 / Building Surveyor (Unlimited)
IN-U 1213 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 May 2019

Project site location: Greenvale

Disciplinary action taken

Grounds 1 & 2: Directions requiring the practitioner to provide evidence he is covered by the required insurance and thereafter to issue the certificate of final inspection for the subject works providing the matters required under section 38(1) of the Act had been satisfied.

Summary of grounds

Ground 1: The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993, in that he issued a building permit permitting the construction of a swimming pool in circumstances when he could not have been satisfied that the works would comply with the Act and the Regulations as the permit application documents did not include information about the details, dimensions, specifications, levels or construction methodology in respect of the required pool safety barrier.

Ground 2: The practitioner was also found, in respect of the same building permit, to have contravened section 24(1)(b) of the Building Act 1993, in that he issued that permit when he could not have been satisfied that the required report and consent for the construction of the works over an easement had been obtained.

Registration:

DB-M 34093 / Domestic Builder (Manager)
CB-L 37322 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 May 2019

Project site locations:

Essendon
Reservoir
Brunswick West
Coburg
Brunswick West
Airport West
Craigieburn

Disciplinary action taken

Ground 1: Immediate suspension lifted and superseded by this decision.

Grounds 2–8: Cancel DB-M registration and $7,000.00 penalty.

Grounds 9–15: Cancel DB-M registration and $7,000.00 penalty.

Grounds 16–22: Cancel DB-M registration and $1,750.00 penalty.

Ground 23: Reprimand and $1,000.00 penalty.

Ground 24: Cancel DB-M registration and disqualify for 3 years from being registered in any category or class of building practitioner.

Ground 25: Cancel DB-M and CB-L registrations.

Summary of grounds

Ground 1: A ground for immediate suspension exists pursuant to section 180(a) of the Act in that the practitioner was insolvent under administration.

Grounds 2–8: The practitioner contravened section 136(2) of the Act by carrying out or managing or arranging the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance in relation to the seven building sites.

Grounds 9–15: The practitioner failed to comply with section 137 of the Act by holding himself out as being covered by the required insurance when not covered by that insurance in relation to the seven building sites.

Grounds 16–22: The practitioner contravened regulation 1502 of the Building Regulations 2006 (Regulations) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, by not monitoring or overseeing his business and/or employees of that business in relation to the seven building sites.

Ground 23: The practitioner contravened Regulation 1502(a) of the Regulations by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, because he or his company demanded, received and/or retained moneys under the contract before an insurance policy had been issued for the work, contrary to the terms of the contract and/or the requirements of Domestic Building Insurance Ministerial Order in relation to the Airport West site.

Ground 24: The practitioner failed to comply with section 179(1)(f)(i) of the Act by engaging in conduct that is constituted by a pattern of incompetence noted in grounds 2-8, 9-15 and 16-22 in relation to the seven building sites.

Ground 25: A ground for no longer being a fit and proper person to practise as a building practitioner was found pursuant to section 179(1)(g) of the Act.

Registration: DB-L 23944 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 April 2019

Project site location: Ringwood

Disciplinary action taken

Ground 1: $800.00 penalty and a direction that the practitioner (at his cost) successfully complete the nationally recognised training unit “CPCCBC4003A: Select and prepare a construction contract" course (or its equivalent where superseded) and provide the VBA with the certificate of attainment once completed.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Regulations) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, in that the major domestic building contract for the Building Work did not comply with several paragraphs of section 31(1) of the Domestic Building Contracts Act 1995 (Vic).

Registration: CDB-U 49971 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 April 2019

Project site location: Kilsyth

Disciplinary action taken

Ground 1: A partial suspension of the practitioner’s registration was imposed, suspending the practitioner’s registration save and except for the building work the subject of the DBDRV’s dispute resolution order for up to 3 years or until the DBDRV cancelled the breach of dispute resolution order. That partial suspension ended on 28 May 2019 pursuant to section 179(5)(b) of the Act when DBDRV cancelled the breach of dispute resolution order.

Summary of grounds

Ground 1: A ground for disciplinary action existed under section 179(1)(db) of the Building Act 1993 (Vic.) in that the practitioner was issued with an breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 (Vic) for failure to comply with a dispute resolution order under that Act and the chief dispute resolution officer of Domestic Building Dispute Resolution Victoria (DBDRV) gave written notice to the Victorian Building Authority accordingly. That ground ceased to exist under section 179(5)(a) of the Act on 28 May 2019 upon the cancellation of the breach of dispute resolution order notice by the DBDRV.

Registration:

DB-L 31592 / Domestic Builder (Limited)
DB-M 31591 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 15 April 2019

Project site location: McCrae

Disciplinary action taken

Ground 1: A 3-year partial suspension was imposed, suspending the practitioner’s DB-M and DB-L registrations save and except for the building work the subject of the DBDRV’s dispute resolution order (or until the VBA receives notice from the DBDRV the breach dispute resolution order has been cancelled, if sooner).

Summary of grounds

Ground 1: A ground for disciplinary action was found to exist under section 179(1)(db) of the Building Act 1993 (Vic.) in that the practitioner was issued with an breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 (Vic.) for failure to comply with a dispute resolution order under that Act and the chief dispute resolution officer of Domestic Building Dispute Resolution Victoria gave written notice to the Victorian Building Authority accordingly.

Registration: BS-U 1550 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 April 2019

Project site location: Craigieburn

Disciplinary action taken

Ground 1: A reprimand, a $6000 penalty, the requirement to complete a recognised training course, and the imposition of a condition on the building practitioner’s registration preventing him from issuing any new building permits for swimming pools, spas and/or safety barriers until he provides evidence to the VBA of having completed the recognised training course.

Ground 2: A reprimand, a $9000 penalty, the requirement to complete a recognised training course, and the imposition of a condition on the building practitioner’s registration preventing him from issuing any new building permits for swimming pools, spas and/or safety barriers until he provides evidence to the VBA of having completed the recognised training course.

Summary of grounds

Ground 1: The first ground was substantiated under s.179(1)(a) of the Building Act 1993 in that the building practitioner contravened s.24(1)(a) of the Act by issuing a building permit when he could not have been satisfied that the building work would comply with the Act or the Regulations. Specifically, it was found that the building permit and accompanying documents contained insufficient technical information about the construction of the swimming pool and safety barrier, and how they would, once constructed, comply with the Act and the Regulations. Neither was there any evidence before the building practitioner when issuing the building permit that the report and consent of the appropriate authority had been obtained to construct the pool safety barrier over an easement.

Ground 2: The second ground was substantiated under s.179(1)(b) of the Act in that the building practitioner had engaged in unprofessional conduct. Specifically, it was found that he: had led the building site owners to falsely believe he would reverse his cancellation of their building permit as part of a deliberate, and ultimately successful, ploy to deter them from exercising their appeal rights to the Building Appeals Board until they were out of time to do so; later provided false information to the owners about his role as relevant building surveyor having ceased when he knew this to be incorrect; and had continuously disregarded his responsibilities as the relevant building surveyor by failing to take enforcement action in respect of non-compliant building work and/or by failing to issue a certificate of final inspection.

Registration: BS-L 38638 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 April 2019

Project site location: Eaglehawk

Disciplinary action taken

Ground 1: $1100 penalty

Summary of grounds

Ground 1: The practitioner contravened section 24(1)(a) of the Act by issuing a building permit in circumstances where he could not have been satisfied that a relevant planning permit had been obtained given that the previous planning permit had expired and a fresh planning permit had not been obtained.

Registration:

DB-M 18524 / Domestic Builder (Manager)
DB-U 59555 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 March 2019

Project site location: Bayswater

Disciplinary action taken

Grounds 1, 2, 3, 4 and 6:

Against registration DB-M 18524:
1. Reprimand; and
2. Penalty of $8,000

Against registration DB-M 18524 and DB-U 59555:
1. A partial suspension in that for a period of three months commencing on 18 April 2019, the practitioner is prohibited from carrying out or managing or arranging the carrying out of building work at any site(s) in Victoria save and except for building work under and/or relating to a building permit naming the practitioner or Hummel Homes Pty Ltd as the builder which has issued on a date prior to 28 March 2019 and/or a domestic building contract naming the practitioner or the Company as the builder which was on foot and was executed on a date prior to 28 March 2019; and
2. A direction that the practitioner attend and complete the Master Builders Association of Victoria Accredited Training Unit “Preliminary Works (Domestic)”.

Ground 5:

Reprimand; and
Penalty of $1,500.

Summary of grounds

Ground 1: Between 4 April 2013 and 11 July 2013 the practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic) (the Regulations) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of Hummel Homes Pty Ltd A.C.N. 152 788 746 (the company), he caused the company to contravene: section 40(2) of the Domestic Building Contracts Act 1995 (Vic) (the DBCA) in that the company demanded, recovered and retained under a major domestic building contract to build all stages, a payment when no stages of the building work (relative to that payment) had been completed; section 246 of the Building Act 1993 (Vic) (the Act) in that the company knowingly provided false or misleading information to a person carrying out a function under the Act by stating in an application for a building permit that the value of the work was lesser than the true cost; and section 31(1)(j) of the DBCA in that the contract did not state the correct contract price.

Ground 2: On or about 18 April 2013, the practitioner contravened section 16(1) of the Act in that he caused, counselled, procured, aided or abetted the carrying out of building work when a building permit had not been issued and was not in force.

Ground 3: Between 18 April 2013 and 6 June 2014 the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of the company he caused the company to contravene section 136(2) of the Act in that the company carried out, managed and/or arranged the carrying out of domestic building work under a major domestic building contract without the builder being covered by the required insurance as the contract price in the certificate of insurance was lower than the agreed contract price.

Ground 4: Between 3 July 2013 and 6 June 2014 the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of the company he caused the company to contravene: section 40(2) of the DBCA in that the company demanded, recovered and retained under a major domestic building contract to build all stages, a payment for the base stage which was in excess of 10% of the contract price; section 40(2) of the DBCA in that the company demanded, recovered and retained under a major domestic building contract to build all stages, payments for frame, lock up and fixing stages when the work had not been completed to those respective stages; and section 42 of the DBCA in that the company demanded final payment under a major domestic building contract when the work carried out had not been completed in accordance with the plans and specifications and the owner had not been given a copy of the occupancy permit.

Ground 5: Between 4 July 2013 and 24 January 2014 the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of the company he caused the company to contravene: section 37(1) of the DBCA with respect to three variations in so far as the company wished to vary the plans or specifications set out in a major domestic building contract and failed to give the owner notices which complied with section 37(1) of the DBCA; and section 37(2) of the DBCA with respect to three variations in that the company gave effect to the variations without obtaining from the owner a signed consent to the variation attached to a copy of the notice required by section 37(1) of the DBCA.

Ground 6: Between 18 April 2013 and 6 June 2014 the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he carried out, managed and/or arranged the carrying out of non-compliant and defective building work.

Registration: DB-U 2095 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 March 2019

Project site location: Strzelecki

Disciplinary action taken

Grounds 1, 2 & 3: Reprimand and requirement to complete training courses CPCCBC4009B – ‘Select and prepare a construction contract’ and CPCCBC4009B – ‘Apply legal requirements to building and construction projects.

Grounds 4, 5 & 7: Reprimand.

Ground 6: Reprimand & $1,000.00 penalty.

Summary of grounds

Ground 1: The practitioner was found to have contravened section 29A(1) of the Domestic Building Contracts Act 1995 (Vic.) (DBCA) by entering into a major domestic building contract without first having given the relevant owner a contract information statement in the form approved by the Director.

Ground 2: The practitioner was found to have contravened section 31(1) of the DBCA, in that he was found to have entered into a major domestic building contract which did not comply with the requirements of section 31(1) of the DBCA.

Ground 3: The practitioner was found to have contravened section 25(a) of the DBCA in that he failed to give the building owner a readily legible signed copy of the major domestic building contract for the building work within 5 clear business days of having entered into that contract.

Ground 4: The practitioner was found to have contravened section 11(1)(a) of the DBCA, in that he demanded and received a deposit of more than 5% in respect of a domestic building contract where the contract price was more than $20,000.00.

Ground 5: The practitioner was found to have contravened section 16(1) of the DBCA, in that he demanded an amount of money under the contract which was in excess of the contract price in circumstances where he was not authorised to do so under the DBCA.

Ground 6: The practitioner was found to have contravened section 136(2) of the Building Act 1993 (Vic.) (the Act), in that he carried out, managed and/or arranged the carrying out of domestic building work under a major domestic building contract when he was not covered by the required insurance.

Ground 7: The practitioner was found to have contravened r.1502(a) of the Building Regulations 2006 (the 2006 Regulations) , in that he failed to carry out his work as a building practitioner in a competent manner and/or to a professional standard by demanding, receiving and then retaining moneys under a major domestic building contract (which was an insurable contract) before an insurance policy had been issued for the works contrary to the requirements of Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended).

Registration: DB-M 18524 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 19 February 2019

Project site location: Lilydale

Disciplinary action taken

Ground 1: Reprimand, fine of $2,500 and direction for practitioner to undertake specific training within 12 months and provide the VBA with evidence of him having completed that course.

Ground 2: Reprimand and fine of $2,000.

Ground 3: Fine of $1,500.

Ground 4: Fine of $1,850.

Summary of grounds

Ground 1: On or about 21 May 2011 and in relation to building work at Lilydale under a major domestic building work contract, the practitioner contravened regulation 1502(a) of the Building Regulations 2006 (the Regulations) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of Choice Homes Australasia Pty Ltd A.C.N. 097 500 493 (the company), he caused the company to contravene section 11(1) of the Domestic Building Contracts Act 1995 (the DBCA) in that the company demanded and received a deposit under a domestic building contract (with a contract price in excess of $20,000) a deposit which was more than 5% of the contract price.

Ground 2: Between in or about June 2011 and 10 March 2012 and in relation to building work at Lilydale under a major domestic building work contract, the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of the company, he caused the company to contravene section 136(2) of the Building Act 1993 in that the company carried out, managed and/or arranged the carrying out of domestic building work under a major domestic building contract without the builder being covered by the required insurance as the contract price in the certificate of insurance was lower than the contract price of the work.

Ground 3: Between 3 June 2011 and 2 March 2012 and in relation to building work at Lilydale under a major domestic building work contract, the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as the sole director of the company, he caused the company to breach: (i) section 37(1) of the DBCA with respect to variations in that the company wished to vary the plans or specifications set out in a major domestic building contract and failed to give the owner notices which complied with section 37(1) of the DBCA; and (ii) section 37(2) of the DBCA with respect to variations in that the company gave effect to variations without obtaining from the owner a signed consent to the variation attached to a copy of the notice required by subsection 37(1) of the DBCA.

Ground 4: Between in or about June 2011 and 10 March 2012 and in relation to building work at Lilydale under a major domestic building work contract, the practitioner contravened regulation 1502(a) of the Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that he failed to carry out his work in a proper and workmanlike manner.

Registration: DB-M 24523 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 7 February 2019

Project site location: Pascoe Vale

Disciplinary action taken

Ground 1: Reprimand and fine of $5,750.

Summary of grounds

Ground 1: In relation to building work consisting of the construction of a two-storey town house, for which Ram Builders & Developers Pty Ltd was the builder (the company), the practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) in that between in or around April 2007 and October 2007, he failed, as the sole director of the company and as the registered building practitioner named on the building permit for the building work at the site, to carry out his work as a building practitioner in a competent manner and to a professional standard in that he caused, permitted, counselled or procured the carrying out of the building work at the site which did not comply with Australian Standard 1860:1998 Installation of particleboard flooring, in that particleboard was used on front and rear external balconies.

Registration: DB-L 46119 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 February 2019

Disciplinary action taken

Ground 1: Suspension (superseded by cancellation imposed for Grounds 2, 3 & 5).

Grounds 2 & 3: Reprimand, penalty of $10,000.00 and cancellation of registration DB-L 46119.

Ground 4: Reprimand.

Ground 5: Cancellation of registration.

Summary of grounds

Ground 1: A ground for disciplinary action was found to exist under s179(1)(o) of the Building Act 1993 (the Act), namely that the practitioner is insolvent under administration, which is a ground for immediate suspension under section 180(a) of the Act.

Ground 2: The practitioner was found to have engaged in unprofessional conduct contrary to s179(1)(b) of the Act in that he failed to comply with a written undertaking given in his application for registration.

Ground 3: The practitioner was found to have contravened section 179(1)(h) of the Act in that he had obtained registration under Part 11 of the Act on the basis of information which was false and/or misleading.

Ground 4: The practitioner was found to have contravened section 172A of the Act (as it then was at the relevant time) by failing to notify the VBA without delay of a change to the prescribed information relating to character required under section 169(ca) of the Act and r.1509 of the Building Regulations 2006 and then the Building Interim Regulations 2017 (Vic.)(as they then were at the relevant times), in that he had failed to advise the VBA that he had become insolvent under administration.

Ground 5: The VBA determined pursuant to section 179(1)(g) of the Act that the practitioner was not a fit and proper person to practise as a building practitioner.

Registration: DB-U 19918 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 January 2019

Disciplinary action taken

Grounds 1 & 2: Suspension until 14/11/2020 or until the practitioner is no longer insolvent under administration and provides the VBA proof of eligibility to obtain the required insurance (if sooner).

Ground 3: Reprimand.

Summary of grounds

Grounds 1 & 2: Two grounds for disciplinary action were found to exist under s179(1)(o) of the Building Act 1993 (the Act), being two grounds for immediate suspension under sections 180(a) and 180(b)(i) of the Act respectively, namely that the practitioner was insolvent under administration and that the practitioner failed to provide the VBA with written proof of eligibility to procure the required insurance on the anniversary of his registration.

Ground 3: The practitioner was found to have contravened section 172A of the Act (as it then was at the relevant time) by failing to notify the VBA without delay of a change to the prescribed information relating to character required under section 169(ca) of the Act and r.1509 of the Building Interim Regulations 2017 (Vic.) (as they then were at the relevant time), in that he had failed to advise the VBA that he had become insolvent under administration.

Registration: DB-U 11103 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 January 2019

Project site location: Glen Iris

Disciplinary action taken

Ground 2: Reprimand and penalty of $2,500.

Summary of grounds

Ground 2: The practitioner was found to have contravened r.1502(a) of the Building Regulations 2006 (Vic.) (as they then were at the relevant time) for:

demanding, receiving and retaining deposit monies and other payments related to the building work at the site; and
demanding payment for the domestic building warranty insurance from the owner;under a major domestic building contract, being an insurable contract, before an insurance policy had been issued for the works contrary to the requirements of Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended).

Registration: DB-U 34861 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 January 2019

Project site location: Aberfeldie

Disciplinary action taken

Cancellation of registration as DB-U (Grounds 3 to 13 inclusive), conditional disqualification for up to 3 years in any category (Grounds 3 to 12 inclusive) and conditional penalties totalling $100,000.00 (Grounds 3 to 12 inclusive).

Grounds 1 & 2: Suspension (superseded by cancellation imposed for Grounds 3 to 13 above).

Summary of grounds

The VBA found 13 grounds for disciplinary action to exist as follows:

Grounds 1 & 2: Two grounds for disciplinary action were determined against the practitioner under section 179(1)(o) of the Building Act 1993 (Vic.) (the Act), arising out of grounds

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