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Registration: DB-L 32535 / Domestic Builder (Limited)

Decision date: 23 February 2021

The practitioner’s registration was partially suspended on 23 February 2021 because the Authority was notified by Domestic Building Dispute Resolution Victoria (DBDRV) that he had been issued with a Breach of Dispute Resolution Order Notice.

Until 25 March 2021, the practitioner may continue to work on projects for building permits issued on or before 23 February 2021.

From 26 March 2021 until the end of the suspension, the practitioner is wholly suspended from carrying out building work.

The suspension is to end on 22 August 2021 OR until the Breach of Dispute Resolution Order Notice is cancelled by DBDRV (if that occurs sooner).

Because the partial suspension is a disciplinary sanction, 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: 45201

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 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 / 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: 7 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 / 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:

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 decision is within an appeal period. Further particulars will be provided at the end of the appeal period.

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.

The Authority cancelled the practitioner’s registrations BD-L 32296 & DB-U 31360 and disqualified him from registration in any category for the maximum available period of 3 years. The Authority also imposed 1 reprimand.

Registration: BS-U 1419 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 November 2020

The inquiry concerned 46 inspections performed, between 2013 and 2015, by a trainee inspector (not being registered under Part 11 of the Building Act 1993), at sites for which the practitioner was responsible as the appointed relevant building surveyor. This is a contravention of regulation 1502(a) of the Building Regulations 2006. The practitioner was fined $5,000.

Registration: BS-U 27484 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 November 2020

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: BS-U 1290 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2020

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: 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
Ordered to pay $1,000 to the Court Fund and VBA costs of $523

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

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.

The practitioner received reprimands, total penalties of $8,000 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

The Authority determined that Mr Mattiske is not a fit and proper person to practise as a building practitioner.

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.

Relevant legislation

Sections 179(1)(g) and 179B of the Building Act 1993.

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: 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: 27 August 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: 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.

The practitioner received a total of five reprimands, being one in respect of each of the five contraventions of section 24(5).

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 1329 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 June 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:

BS-U 38408 / Building Surveyor (Unlimited)
IN-U 38045 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 June 2020

Disciplinary action taken

Issuing a building permit for a swimming pool and barrier without adequate documentation

Summary of grounds

Penalty $500

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

Registration:

BS-U 1100 / Building Surveyor (Unlimited)
IN-U 1086 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 25 May 2020

Disciplinary action taken

Reprimands, penalties $18,500 and suspension for one year

Summary of grounds

Approving the use of combustible external cladding at five sites. Subject to VCAT review

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-M 38135 / Domestic Builder (Manager)
CB-L 40349 / Commercial Builder (Limited)

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:

CB-L 407 / Commercial Builder (Limited)
DB-L 1408 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 April 2020

Disciplinary action taken

Reprimands, penalties of $25,000, cancel registrations as a domestic and commercial builder and disqualify for 18 months

Summary of grounds

Falsifying 26 Certificates of Compliance Design relating to sheds, carports and/or garages by purporting that they were issued by a registered engineer that had no knowledge of the use of his details on the certificates. Subject to VCAT review.

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 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

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

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: 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 14426 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 November 2019

Disciplinary action taken

Reprimands, penalties of $20,000 and two month suspension of registration

Summary of grounds

Approving the use of non-compliant combustible cladding on a nine storey apartment building which later caught fire. Subject to VCAT review

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 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

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

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 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

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

Registration:

DB-U 1025 / Domestic Builder (Unlimited)
CB-U 5731 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 October 2019

Disciplinary action taken

Reprimands, penalties $42,000, cancellation of registration, disqualification for three 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: 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 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: 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 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: 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 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

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

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

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.

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

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 for immediate suspension under sections 180(a) and s180(b)(i) of the Act (namely, the practitioner is the officer of a body corporate under external administration and failed to provide the VBA with written proof he was eligible to be covered by the required insurance for domestic building work on the anniversary of his registration).

Grounds 3 & 4: The practitioner was found to have contravened section 136(2) of the Act on two occasions in relation to two major domestic building contracts for carrying out, managing or arranging domestic building work under those major domestic building contracts when not covered by the required insurance.

Grounds 5 & 6: The practitioner was found to have contravened section 137 of the Act on two occasions relating to those two major domestic building contracts for holding out himself and/or the builder company, of which he was the director, as being covered by the required insurance when he and/or the company were not covered by the required insurance.

Grounds 7 & 8: The practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006 (Vic.)(the 2006 Regulations)(as they were then) on two occasions for causing (or causing the builder company of which he was the director) to demand, accept and retain deposit and variation payments from the relevant owners when he and/or the company were not entitled to do so under the Domestic Building Contracts Act 1995 (Vic.) (DBCA) in relation to two major domestic building contracts.

Ground 9: The practitioner was found to have contravened regulation 1502(a) of the 2006 Regulations (as they then were) on a further occasion for failing to provide (or failing to cause the builder company of which he was the director to provide) to the owners of the site copies of the relevant Certificate(s) of Insurance for the required insurance contrary to the terms of those major domestic building contracts and despite repeated requests by the owners to do so.

Ground 10: The practitioner was found to have engaged in unprofessional conduct contrary to section 179(1)(b) of the Act arising out of the making of statements by him to the owners which he knew or ought to have known were false and/or misleading insofar as the process for obtaining the required insurance for building works at the site and/or as to the reason for the delay in obtaining the required insurance for those works.

Ground 11: A further contravention of regulation 1502(a) of the 2006 Regulations (as they then were) for failing to do (or failing to cause the builder company of which he was a director to do) all things required by the builder under the subject contracts to enable the works at the site to progress in a timely manner.

Ground 12: The practitioner was found to have engaged in unprofessional conduct on a further occasion contrary to section 179(1)(b) of the Act arising out of the practitioner’s failure to account for and/or to cause the builder company (of which he was the director) to return the owners moneys paid to the company upon the termination of the contracts when the works did not proceed.

Ground 13: Arising out of those preceding grounds, 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:

BS-L 37806 / Building Surveyor (Limited)
IN-U 1384 / Building Inspector (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 4 December 2018

Project site locations:

Frankston
Park Orchards

On 4 December 2018, the Building Practitioners Board found Mr Mattiske guilty of two allegations that he had issued a building permit when he could not have been satisfied that the building permit would comply with the Building Act 1993 (the Act) and Building Regulations 2006 in contravention of section 24(1)(a) of the Act as follows:

Mr Mattiske issued a building permit when the approved drawings failed to include necessary details with respect to smoke alarms and access to people with a disability; and
Mr Mattiske issued a building permit and an exemption under regulation 608 in relation to bushfire construction requirements prior to obtaining a Bushfire Attack Level assessment.

Mr Mattiske was fined $2,000 and required to pay a portion of the Board’s costs of $2,000.

Registration: DB-U 5403 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 19 November 2018

Project site location: Wallan

Disciplinary action taken

Reprimand.
Fine of $3,464.64.
Costs of $14,429.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of seven allegations in relation to a site in Wallan.

The practitioner had failed to comply with regulation 1502(a) of the Building Regulations 2006 (the Regulations) in that, the practitioner did not perform his work in a competent manner and to a professional standard on seven occasions, in that, he:

entered into a major domestic building contract that was not compliant because it omitted important consumer protections;
breached section 8(c) of the Domestic Building Contracts Act 1995 (DBCA) and the contract by demanding and subsequently receiving a deposit prior to obtaining the requisite warranty insurance;
breached section 8(c) of the DBCA, that is, the warranty that all work will be carried out in accordance with and will comply with all legal requirements by permitting building work to be constructed that did not comply with Australian Standards;
breached section 31(1)(c) (or, alternatively (1)(d)) of the DBCA by failing to provide a complete copy of the plans and specifications for the building work;
breached section 31(1)(c) (or, alternatively (1)(d)) of the DBCA by failing to provide all required information on the plans and specifications for the building work; and
breached section 37 of the DBCA and the contract on two occasions by failing to provide the proper notice in respect of a variation to the Contract.

Registration:

CB-U 2264 / Commercial Builder (Unlimited)
DB-U 11351 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 14 November 2018

Project site location: Docklands

Disciplinary action taken

Reprimand and costs of $54,000.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of failing to comply with section 16 of the Building Act 1993 (the Act) in that, he carried out building work in relation to the construction of a building (the Building Work) which did not comply with the Building Regulations 2006 (the Regulations) in that the builder had installed Alucobest aluminium composite cladding on the external walls to the apartments which did not comply with the performance requirements of Building Code of Australia (BCA) and pursuant to Regulation 109 of the Regulations, the BCA is adopted by and forms part of the Regulations.

As the practitioner was a director of the company that carried out the Building Work and as the registered builder named on the Building Permit, that failure was taken to be the practitioner’s conduct and his failure to comply with section 16 of the Act.

Registration: BS-L 37806 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 2 November 2018

Project site locations:

Hawthorn
Ringwood

Disciplinary action taken

Ground One: Penalty of $500.

Ground Two: Reprimand, penalty of $500 and a direction to:

under section 178(c) of the Act, attend and complete the nationally recognised training unit CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ (or its equivalent if superseded), through a Victorian registered training organisation on or before 31 December 2019; and
under section 178(b)(i) of the Act, provide to the VBA a copy of the certificate of attainment for that training unit within 14 days of receiving that certificate from the relevant Victorian registered training organisation.

Ground Three: Reprimand and penalty of $1,350.

Ground Four: Reprimand, penalty of $2,250 and a direction to:

under section 178(c) of the Act, attend and complete the nationally recognised training unit CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ (or its equivalent if superseded), through a Victorian registered training organisation on or before 31 December 2019; and
under section 178(b)(i) of the Act, provide to the VBA a copy of the certificate of attainment for that training unit within 14 days of receiving that certificate from the relevant Victorian registered training organisation.

Summary of grounds

Ground 1: 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, in that he issued a building notice when:

it was so vague and/or difficult to understand and interpret that: the reason or reasons why the notice was issued were so manifestly unclear as to be ineffective and therefore the content of the notice did not comply with Regulation 904 and thereby section 108(2) of the Building Act 1993 (the Act); and/or
what building work or work the owner needed to show cause about (why they should not undertake) was so manifestly unclear that the content of the building notice did not comply with section 108(1)(b) of the Act.

Ground 2: 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, in that he issued a building order on 27 April 2017 which referred to and was based on him having carried out an inspection at the site: in contravention of section 230 of the Building Act 1993 (the Act) being without complying with notice requirements of the Act and/or in contravention of section 231 of the Act being without the necessary consent or authority of a search warrant.

Ground 3: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he failed to perform his work as a building practitioner in a competent manner and to a professional standard as he issued a building permit for alterations to a swimming pool safety barrier at Ringwood when he could not have been satisfied from the materials before him that the building permit would comply with the Building Act 1993 (the Act) and the Regulations as required under section 24(1)(a) of the Act.

Ground 4: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (from 4 June 2017 the Building Interim Regulations 2017) in that he failed to perform his work as a building practitioner in a competent manner and to a professional standard by failing to take enforcement action with respect to the alteration of a swimming pool safety barrier at Ringwood after he was advised by the VBA that a written direction to fix under section 37F of the Building Act 1993 which he had issued was unenforceable.

Registration: DB-U 10613 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 October 2018

Project site location: Glenlyon

Disciplinary action taken

Ground 1: Reprimand and fine of $2,000.

Summary of grounds

Ground 1: Between on or around 27 July 2015 and on or around 4 July 2016 and in relation to the construction of a dwelling (building work) at Glenlyon, practitioner contravened section 16(1) of the Act in that he, as the director of the company and as the registered building practitioner responsible for permitted, directed or procured building work to be carried out that was not in accordance with the Act, Regulations and relevant building permit.

Registration: DB-U 40599 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 October 2018

Project site location: Ringwood

Disciplinary action taken

Ground 1: Penalty of $4,000.

Summary of grounds

Ground 1: In relation to conduct between on or about 8 December 2014 and 4 August 2015 and in relation to building work namely the construction of a two unit development (the work) in Ringwood Victoria (the site) Humecon Pty Ltd (as it was then known) A.C.N. 098 112 077 (the company), of which the practitioner was the sole director, contravened section 16(1) of the Building Act 1993 (the Act) in that it caused, permitted, directed, counselled or procured building work to be carried out which was not in accordance with the building permit issued in relation to the work.

Registration:

CB-U 2465 / Commercial Builder (Unlimited)
DB-L 1107 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 September 2018

Disciplinary action taken

Ground 1: Suspension of CB-U and DB-L registrations until 25 May 2020 or until such time as the practitioner provides evidence to the VBA he is no longer insolvent under administration (whichever is the sooner).

Ground 2: Reprimand.

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) as a ground for immediate suspension was found under section 180(a) of the Act, namely that the practitioner was insolvent under administration.

Ground 2: The practitioner was found to have contravened section 172A of the Building Act 1993 (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 (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: CB-U 4771 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 September 2018

Project site location: Elsternwick

Disciplinary action taken

Ground 1: Reprimand and fine of $1,000.

Ground 2: Reprimand and fine of $1,000.

Ground 3: Reprimand and fine of $1,000.

Ground 4: Reprimand and fine of $1,500.

Ground 5: Reprimand and fine of $1,500.

Summary of grounds

Ground 1: The practitioner contravened section 11(1)(a) of the Domestic Building Contracts Act 1995 by demanding and receiving under a domestic building contract that was $20,000.00 or more, a deposit which was more than 5% of the contract price.

Ground 2: The practitioner contravened Section 31(1) of the Domestic Building Contracts Act 1995 in that he caused the company to enter into a major domestic building contract which did not comply with Section 31(1).

Ground 3: The practitioner contravened Section 29(1)(c) of the Domestic Building Contracts Act 1995 in that as the sole director of Macnor Pty Ltd A.C.N. 006 483 423 (the company), he caused the company to enter into a major domestic building contract when he was not registered pursuant to the Building Act.

Ground 4: The practitioner contravened Section 176(2A) of the Building Act 1993 in that he carried out domestic building work under a major domestic building contract when he was not registered in the appropriate class of domestic builder.

Ground 5: The practitioner contravened Section 136(2) of the Building Act 1993 in that he carried out, managed or arranged the carrying out of domestic building work under a major domestic building contract when he was not covered by the required insurance.

Registration: BS-U 1354 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 September 2018

Project site locations:

Chirnside Park
Mornington

Disciplinary action taken

Ground 1: Reprimand, requirement to complete training course(s) equivalent to a minimum of 60 hours/points of CPD Activity and the imposition of a partial suspension of the practitioner’s registration in the category of Building Surveyor – Unlimited for a period of 18 months (being a suspension of his functions to accept new appointments as a relevant building surveyor and to issue building permits during that period, running concurrently with the partial suspension imposed for Grounds 5 & 6 below).

Ground 2: Penalty of $750.

Ground 3: Reprimand and penalty of $8,000.

Ground 4: Penalty of $1,000.

Grounds 5 and 6 (combined): Reprimands (2) and the imposition of a partial suspension of the practitioner’s registration as a Building Surveyor – Unlimited for a period of 6 months (being a suspension of the practitioner’s functions to accept new appointments as a relevant building surveyor and to issue building permits for that period, running concurrently with the partial suspension imposed for Ground 1 above).

Summary of grounds

Ground 1: In relation to conduct between January 2016 and May 2017 and in relation to a site at Chirnside Park, the practitioner was found to have contravened section 179(1)(f)(ii) of the Building Act 1993 (Vic.), in that he engaged in conduct in relation to his practise as a building practitioner that was negligent in a particular matter.

Ground 2: In relation to conduct in July 2015 and in relation to a site at Mornington, the practitioner was found to have contravened r.1502(a) of the Building Regulations 2006 (Vic.) (as they then were) in that he issued, or caused to be issued, to the relevant council a notice purporting to be a section 80 notification of appointment which was deficient in that it failed to identify the relevant building surveyor appointed.

Ground 3: In relation to conduct in July 2015 and in relation to a site at Mornington, the practitioner was found to have contravened section 24A(3)(b) of the Building Act 1993 (Vic.) by issuing a building permit for domestic building works in excess of $12,000.00 when he could not have been satisfied that a certificate of consent permitting the owners to carry out the works as owner-builder had been issued.

Ground 4: In relation to conduct between July 2015 and February 2016 and in relation to a site at Mornington, the practitioner was found to have contravened section 30(1) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he failed to give to the relevant council a copy of the building permit and any other plans and other documents lodged with the application for that permit within 7 days after issuing that building permit.

Ground 5: In relation to conduct in or about February 2016 and in relation to a site at Mornington, the practitioner was found to have engaged in unprofessional conduct in contravention of section 179(1)(b) of the Building Act 1993 (Vic.) by amending a building permit issued in July 2015 in or around February 2016 to reduce the estimated cost of works from over $16,000.00 to less than $16,000.00 without proper basis and in circumstances where he was aware the works the subject of that permit had already been carried out under an owner-builder permit when no owner-builder certificate of consent had been obtained.

Ground 6: In relation to conduct in February 2016 and in relation a site at Mornington, the practitioner was found to have contravened section 246 of the Building Act 1993 (Vic.), in that he provided, or caused to be provided, to the relevant council a copy of the second version of the relevant building permit, which document he knew to contain false or misleading information.

Registration: BS-U 1419 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 September 2018

Project site location: Drouin

Disciplinary action taken

Ground 1: Reprimand and fine of $2,000.

Summary of grounds

Ground 1: On 12 May 2014, and in relation to building work at a site in Drouin (the site), the practitioner contravened section 79(3) of the Building Act 1993 (the Act) in that, he accepted an appointment to issue a building permit for the building work when another building surveyor had already commenced carrying out functions set out in section 76 of the Act with respect to the work on the site.

Registration: DB-L 40988 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 September 2018

Project site location: Mooroolbark

Disciplinary action taken

Ground 1: Reprimand, fine of $2,750 and a requirement that the practitioner undertake specified training.

Ground 2: Reprimand, fine of $1,750 and a requirement that the practitioner undertake specified training.

Summary of grounds

Ground 1: In relation to building work namely construction of a four unit development, 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 he caused the company of which he was a director to enter into a major domestic building contract which did not comply with section 31(1) of the Domestic Building Contracts Act 1995.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (the Regulations) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard in that he failed to declare the total cost of the work on the applications for Domestic Building Warranty Insurance and the building permit.

Registration: BS-U 1550 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 September 2018

Project site location: Reservoir

Disciplinary action taken

Ground 1: Reprimand and fine of $2000.

Ground 2: Reprimand and fine of $5000.

Summary of grounds

Ground 1: The practitioner failed to comply with section 24(1)(a) of the Building Act 1993, in that he issued a building permit in circumstances where he could not have been satisfied that the building permit and the works would comply with the Building Act 1993 and the Building Regulations 2006 as the site plan approved failed to show the requirements of Regulation 302(2) of the Regulations.

Ground 2: The practitioner failed to perform 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 in that he failed to issue a building order to achieve compliance of the building work.

Registration: BD-M 1009 / Demolisher (Medium rise)

Disciplinary proceeding: VBA show cause process

Decision date: 7 September 2018

Project site location: Vermont South

Disciplinary action taken

Ground 1: Reprimand and penalty of $5,000.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Interim Regulations 2017 (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 director of the relevant company, he caused, counselled or procured the company to contravene section 16(1) of the Building Act 1993 by carrying out building work, namely the demolition of the existing dwelling, swimming pool and car port, when a building permit had not been issued and was not in force.

Registration: DB-L 16965 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 5 September 2018

Project site location: Pascoe Vale

Disciplinary action taken

Ground 1: Penalty $1,000.

Ground 2: Penalty of $1,250.

Grounds 3 and 4: Penalty of $1,000.

Ground 5: Penalty of $1,500.

Summary of grounds

Ground 1: 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 because he did not ensure S&L Graham Developments Pty Ltd (the company) did not demand deposit moneys to be paid by the owner before the required insurance had been issued for the retaining wall work at the site contrary to the requirements in the Domestic Building Insurance Ministerial Order No. S 98 of 2003 (as amended).

Ground 2: The practitioner contravened Regulation 1502(a) of the Regulations in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard because he failed to ensure the company did not demand and receive a deposit under a domestic building contract for the underpinning work which was more than 10% of the contract price (where the contract price is less than $20,000.00), contrary to section 11(1)(b) of the Domestic Building Contracts Act 1995 (the DBC Act).

Ground 3: The practitioner contravened Regulation 1502(a) of the Regulations in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard because he failed to ensure the company gave the owner readily legible contracts within five clear business days after entering into the first contract for the retaining wall work and the second contract for the underpinning work as required under section 25 of the DBC Act.

Ground 4: The practitioner contravened Regulation 1502(a) of the Regulations in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard because he failed to ensure the company complied with the requirements of sub-sections 31(1)(b), (d), (f), (g), (h), (i), (1), (n) to (r) of the DBC Act when entering into the first and second contracts for the retaining wall work and the underpinning work.

Ground 5: The practitioner contravened section 176(2A) of the Act in that in October 2014 the company carried out underpinning work under the practitioner’s registration, when he was not registered in the appropriate class of registration to carry out such work.

Registration:

DB-U 14591 / Domestic Builder (Unlimited)
CB-L 37240 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 August 2018 (Determined by VCAT on appeal)

Project site location: Warragul

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,500.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner was found to have contravened section 16(1) of the Building Act 1993 (Vic.) (as it was at the relevant time of the conduct) in that he caused, permitted, directed or procured building work to be carried out when a building permit had not been issued and was not in force.

Ground 2: The practitioner was found to have contravened R1502(a) of the Building Regulations 2006 (Vic.), by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, in that he undertook unsupported and exposed excavation which posed a risk to safety and which posed a risk of undermining of neighbouring property.

Registration: DB-U 13193 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 August 2018

Project site location: Ivanhoe

Disciplinary action taken

Ground 1: Reprimand and fine of $4,000.

Ground 2: Reprimand and fine of $3,500.

Ground 3: Reprimand and fine of $3,000.

Summary of grounds

Ground 1: 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 Regulations 2006 (Regulations), in that he issued a series of certificates of compliance which contained a series of statements which he knew or ought to have known were false and misleading.

Ground 2: 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 Regulations, in that he failed to carry out building work in a property and workmanlike manner.

Ground 3: The practitioner contravened section 16(1) of the Building Act 1993 by carrying on building work that was not in accordance with the Act, Building Regulations and the permit.

Registration: DB-U 36526 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 August 2018

Project site location: Preston

Disciplinary action taken

Ground 1: Reprimand and penalty of $4,200.

Ground 2: Reprimand and penalty of $800.

Summary of grounds

Ground 1: The practitioner, in relation to building work namely the construction of a new dwelling and garage and a carport to an existing dwelling in Preston, caused, counselled, directed or procured building work to be carried out at the site which failed to comply with section 16(1) of the Building Act 1993, in that the building work was not carried out in accordance with the building permit approved drawings.

Ground 2: The practitioner, in relation to building work namely the construction of a new dwelling and garage and a carport to an existing dwelling in Preston, failed to carry out work in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they then were) in that he failed to ensure that the work was carried out in a proper and workmanlike manner.

Registration: DB-U 16971 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 August 2018

Disciplinary action taken

Ground 1: Suspension of practitioner's registration until 11 February 2021 or until the practitioner is no longer insolvent under administration and can demonstrate to the VBA that he holds eligibility to be covered by the required insurance (if sooner).

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(o) of the Building Act 1993:

A ground for immediate suspension was found to exist pursuant to section 180(a) of the Building Act 1993 (Vic.), namely that the practitioner was insolvent under administration.

Registration: DB-U 38987 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 August 2018

Project site location: Coomoora

Disciplinary action taken

Ground 1: Reprimand, fine of $1,000 and direction to undertake a Legal Obligations course.

Ground 2: Reprimand, fine of $2,500 and direction to undertake a Legal Obligations course.

Summary of grounds

Ground 1: The practitioner contravened section 31(1) of the Domestic Building Contracts Act 1995 in that he entered into a major domestic building contract which did not comply with Section 31(1).

Ground 2: The practitioner contravened section 16(1) of the Building Act 1993 by carrying on building work when a building permit had not been issued and was not in force.

Registration: BS-U 1407 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 August 2018

Project site location: Mooroopna

Disciplinary action taken

Ground 1: Reprimand and fine of $1,750.

Summary of grounds

Ground 1: The practitioner contravened section 24(1)(a) of the Building Act 1993, in that he issued a building permit in circumstances where he could not have been satisfied that the building permit and the works would comply with the Building Act 1993 and the Building Regulations 2006 as the site plan approved failed to show the requirements of 302(2)(c) of the Regulations and there were no details of the adjoining property provided.

Registration: DB-U-39997 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 August 2018

Project site location: Moonee Ponds

Disciplinary action taken

Ground 1: Reprimand and penalty of $2,500.

Ground 2: Reprimand and penalty of $2,500.

Ground 3: Reprimand and penalty of $2,500.

Ground 4: Reprimand and penalty of $2,500.

Ground 5: Reprimand and penalty of $3,000.

Ground 6: Reprimand and penalty of $7,000.

Summary of grounds

Ground 1: 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 Regulations 2006 (Regulations), in that he failed to notify the relevant building surveyor without delay after the completion of a mandatory notification stage of that work, namely the footings stage.

Ground 2: 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 Regulations, in that he failed to call for a re-inspection of the framing stage after it was initially not passed by the relevant building surveyor.

Ground 3: 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 Regulations, in that as the director of his company he caused that company to demand payment for the fixing stage of the work when the work had not been completed to fixing stage.

Ground 4: The practitioner contravened section 16(1) of the Building Act 1993 (Act), in that he carried out building work that was not in accordance with the Act, the building regulations and the building permit.

Ground 5: 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 Regulations, in that he failed to comply with a written direction issued pursuant to section 37(1) of the Act.

Ground 6: 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 Regulations, in that he failed to complete the work in a timely manner and in accordance with the time frame set out in the major domestic building contract as varied by variations and by abandoning the site.

Registration:

DB-U 10252 / Domestic Builder (Unlimited)
CB-U 5731 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 August 2018

Project site locations:

Dandenong (3)
Noble Park

Disciplinary action taken

Ground 1: Reprimand, penalty of $2,500 and completion of the Master Builders Association of Victoria “Preliminary Works (Domestic)” course.

Ground 2: Reprimand, penalty of $4,500 and completion of the Master Builders Association of Victoria “Preliminary Works (Domestic)” course.

Ground 3: Reprimand, penalty of $2,500 and completion of the Master Builders Association of Victoria “Preliminary Works (Domestic)” course.

Ground 4: Reprimand.

Summary of grounds

Ground 1: The practitioner contravened section 136(2) of the Building Act 1993 (the Act) (as then in force) in that on or about 1 October 2010 and 9 August 2012 he carried out, managed or arranged the carrying out of domestic building work under a major domestic building contract at Noble Park when he and/or his company, 4S Constructions, were not covered by the required insurance.

Ground 2: The practitioner contravened section 16(4) of the Act in that on or about 30 January 2017 he failed to ensure that a building permit had been issued and was in force for the building work.

Ground 3: 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 (the Regulations) (as then in force) at the site in that he failed to:

take precautions before and during building work to protect the safety of the public under Regulation 604(1) of the Regulations; and
obtain a report and consent of the relevant Council under Regulation 604(4) of the Regulations.

Ground 4: The practitioner engaged in unprofessional conduct in that between 18 October 2010 and 16 February 2017 he:

committed an offence under section 118(1) of the Act by failing to comply with an emergency order issued by the City of Greater Dandenong; and
committed an offence under section 118(1) of the Act by failing to comply with a building order issued by the City of Greater Dandenong.

Registration: BS-U 1588 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 August 2018

Project site location: Dandenong

Disciplinary action taken

Ground 1: Reprimand and penalty of $4,000.

Ground 2: Reprimand, penalty of $4,000, directed to undertake training course CPCCBS6015 – ‘Conduct and report on advanced and final inspections of commercial buildings up to three storeys’ and directed to carry out a site inspection and issue an amended occupancy permit which contains the essential safety measures required (if appropriate) or, in the event the works are not suitable for occupation, to take any and all actions within his powers as RBS which are reasonable and necessary to ensure the life and safety of persons occupying the building the subject of the works and to bring the works into compliance with the Act, the Regulations and the BCA and render the building suitable for occupation.

Summary of grounds

Ground 1: The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) (the Regulations) (as they were at the relevant time of the conduct) for issuing, or causing to be issued, a certificate of final inspection when section 21 of the Act required an occupancy permit to be issued.

Ground 2: The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.), then R1502(a) of the Building Interim Regulations 2017 (Vic.), then R265(a) of the Building Regulations 2018 (Vic.) (the Regulations) (as they were during the relevant conduct period) by issuing, or causing to be issued, two occupancy permits for the same building work in circumstances where he could not, or should not, have been satisfied that the building the subject of the works was suitable for occupation as required by section 44(a) of the Act, where the occupancy permits did not comply with R1005 and R1203(1) of the Regulations and as he had failed to take any action to address the deficiencies of the two occupancy permits issued despite the fire safety issues and risk to human life and safety identified.

Registration: DB-U 41546 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 August 2018

Project site location: Ferntree Gully

Disciplinary action taken

Ground 1: Reprimand and a requirement that the practitioner complete the nationally recognised training course ‘Apply legal requirements to building and construction projects’ within twelve months.

Ground 2: Reprimand and a requirement that the practitioner complete the nationally recognised training course ‘Apply legal requirements to building and construction projects’ within twelve months.Ground 3: Reprimand and suspension of the practitioner’s registration for a period of 6 months.

Summary of grounds

Ground 1: 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 Regulations 2006 (Regulations), in that he demanded and received a progress payment for frame stage when he was not entitled to do so as the the frame had not yet been approved by the relevant building surveyor.

Ground 2: 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 Regulations, in that as the director of the company and the registered building practitioner responsible for the works, he demanded and/or received partial or full payment for five variations to the building contract which he was not entitled to in accordance with clause 27 of the building contract.

Ground 3: 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 Regulations, in that as the director of the company responsible for the building works, he abandoned the building work at the site when the building work was non-compliant and incomplete.

Registration: DB-U 34436 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 July 2018

Project site location: Belgrave

Disciplinary action taken

Ground 1: Reprimand and fine of $4,000.

Summary of grounds

Ground 1: The practitioner was found to have contravened the Act in that between on or about 3 March 2017 and 3 April 2017 and in relation to building work for the re-instatement of a tree damaged home at Belgrave (the site) Dak-Wal Constructions Pty Ltd A.C.N. 071608734 (the company), of which the practitioner was a director, contravened section 16(1) of the Building Act in that it caused, permitted, directed, counselled or procured building work to be carried out when a building permit in relation to the work had not been issued and was not in force under the Act.

Registration:

DB-U 7800 / Domestic Builder (Unlimited)
CB-L 305425 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 July 2018

Project site location: Braybrook

Disciplinary action taken

Ground 1: Reprimand and fine of $6,000.

Summary of grounds

Ground 1: The practitioner contravened section 16(1) of the Building Act 1993 (the Act) in that, he carried out building work that was not carried out in accordance with the Act, the Regulations and the building permit.

Registration:

DB-U 37772 / Domestic Builder (Unlimited)
CB-L 42970 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 19 July 2018

Disciplinary action taken

Ground 1: Reprimand, penalty of $2,000 and requirement to complete a Master Builders of Victoria or equivalent recognised Legal Obligations course by 19 July 2019 and to provide evidence of completion to the VBA within four weeks.

Ground 2: Reprimand, penalty of $2,000 and requirement to complete a Master Builders of Victoria or equivalent recognised Legal Obligations course by 19 July 2019 and to provide evidence of completion to the VBA within four weeks.

Summary of grounds

Ground 1: The practitioner carried out domestic building work under a major domestic building contract when he was not covered by the required insurance contrary to Section 136(2) of the Act.

Ground 2: The practitioner carried out building work when a building permit in respect of the work had not been issued and was not in force contrary to Section 16(1) of the Act.

Registration: DB-U 15688 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 July 2018

Project site locations:

Officer (1st site) (3x)
Officer (2nd site) (3x)
Cranbourne North (3rd site) (3x)

Disciplinary action taken

Ground 1: Reprimand and fine of $500.

Ground 2: Reprimand and fine of $2,000.

Ground 3: Reprimand and fine of $500.

Ground 4: Reprimand and fine of $500.

Ground 5: Reprimand and fine of $2,000.

Ground 6: Reprimand and fine of $1,500.

Ground 7: Reprimand and fine of $500.

Ground 8: Reprimand and fine of $2,000.

Ground 9: Reprimand and fine of $1,500.

Summary of grounds

Ground 1: The practitioner failed to carry out work in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (Vic.) in that he failed to ensure the Company, of which he was the sole director, did not demand and/or recover and/or retain deposit moneys before an insurance policy had been issued for the building works, contrary to the requirements of the contract and Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended).

Ground 2: The practitioner contravened Section 16(1) of the Building Act 1993 in that he caused, permitted, directed or procured building work to be carried out when a building permit in respect of the work had not been issued and was not in force under the Act.

Ground 3: The practitioner failed comply with regulation 1502(a) of the Building Regulations 2006 (Vic.) in that he failed to ensure the work was completed in a timely manner and in accordance with the time frame allowed for in the contract.

Ground 4: The practitioner failed comply with regulation 1502(a) of the Building Regulations 2006 (Vic.) in that he failed to ensure the Company, of which he was the sole director, did not demand and/or recover and/or retain deposit moneys before an insurance policy had been issued for the building works, contrary to the requirements of the contract and Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended).

Ground 5: The practitioner contravened Section 16(1) of the Building Act 1993 in that he caused, permitted, directed or procured building work to be carried out when a building permit in respect of the work had not been issued and was not in force under the Act.

Ground 6: The practitioner failed comply with s136(2) of the Building Act 1993 in that he caused, carried out, managed or arranged the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance.

Ground 7: The practitioner failed comply with regulation 1502(a) of the Building Regulations 2006 (Vic.) in that he failed to ensure the Company, of which he was the sole director, did not demand and/or recover and/or retain deposit moneys before an insurance policy had been issued for the building works, contrary to the requirements of the contract and Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended).

Ground 8: The practitioner contravened Section 16(1) of the Building Act 1993 in that he caused, permitted, directed or procured building work to be carried out when a building permit in respect of the work had not been issued and was not in force under the Act.

Ground 9: The practitioner failed comply with s136(2) of the Building Act 1993 in that he caused, carried out, managed or arranged the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance.

Registration: DB-U 36559 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 July 2018

Project site location: Kilsyth

Disciplinary action taken

Ground 1: Reprimand and fine of $2,000.

Summary of grounds

Ground 1: Between on or about 11 June 2016 and in or about October 2017, and in relation to building work namely, the construction of a two unit development (the work), 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 preparing a protection work notice which did not identify the correct location, time and duration of the proposed protection work for the adjoining property contrary to Section 84(2)(b) of the Building Act 1993 and by failing to carry out the required protection work.

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

Disciplinary proceeding: VBA show cause process

Decision date: 5 July 2018

Project site location: Various

Disciplinary action taken

Ground 1: Reprimand and fine of $1,500.

Ground 2: Reprimand.

Ground 3: Reprimand and fine of $500.

Ground 4: Reprimand.

Summary of grounds

Ground 1: In relation to a series of building permits for building work at 28 sites, as the relevant building surveyor, the practitioner failed to give the relevant council a copy of those permits and the plans lodged with the applications for those permits within 7 days contrary to section 30(1) of the Building Act 1993 (Vic).

Ground 2: As the relevant building surveyor with respect to building work at 8 sites, the practitioner failed to notify the relevant council, within 7 days of accepting appointment contrary to section 80 of the Act.

Ground 3: In relation to a series of occupancy permits for building work at 11 sites, as the relevant building surveyor, the practitioner failed to give the council a copy of the occupancy permits and other documents lodged with the applications for the occupancy permits within 7 days after issuing the occupancy permits contrary to section 73(1) of the Act.

Ground 4: In relation to a series of building permits for building work at 4 sites, as the relevant building surveyor, the practitioner failed within 7 days after the end of each month to forward to the VBA in a form approved by the VBA the details of permits issued by him during that month contrary to regulation 322 of the Building Regulations 2006 (Vic).

Registration:

DB-M 27023 / Domestic Builder (Manager)
DB-L 27024 / Domestic Builder (Limited)
CB-L 37523 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2018

Project site locations:

Scoresby
Tarneit
Lower Plenty
Glen Waverley

Disciplinary action taken

Ground 1:

Reprimand.
Penalty of $15,000 payable on or before 30 June 2019 (if this penalty is not paid by 30 June 2019, the practitioner’s three building registrations will be suspended for a period of 10 months, from 1 July 2019).
The imposition of conditions on the practitioner's three registrations for a period of three years that he must not enter into a major domestic building contract other than a contract of the type referred to in Column 1 of Section 40(2) of the Domestic Building Contracts Act unless, at his cost, a Private Building Surveyor, having regard to all of the circumstances, determines in writing that the proposed stages and stage payment amounts set out in the draft contract are both appropriate and required; and that he must not make a claim for a stage payment under a major domestic building contract or a commercial building contract unless he first obtains in writing, at his expense, certification from a Private Building Surveyor that the work has been completed to that stage
Direction to provide the VBA with copies of all written certifications referred to herein within seven days of receiving the same.
Complete nationally recognised training courses – “Select and prepare a construction contract” and/or "Apply legal requirements to building and construction" and provide evidence of completion to the VBA by 30 June 2019.

Summary of grounds

Ground 1: The practitioner:

engaged in unprofessional conduct under Section 179(1)(b) of the Building Act 1993 in that he demanded progress payments when he was not entitled to do so on six occasions;
failed to complete his work in a timely manner and within the time frame provided in the contract and abandoned the work leaving incomplete work on four occasions;
failed to complete work in a timely manner in accordance with the terms of the contract and failed to complete the work in accordance with the building permit;
failed to carry out work in a proper and workmanlike manner on two occasions; failed to rectify defects as identified in the reports of a VBA Technical Advisor within the period prescribed or at all;
demanded and retained a deposit under a contract for major domestic building work before insurance policies had been issued for the work, contrary to Ministerial Order No S98 of 2003 and the contract on two occasions;
failed to ensure that work was carried out in accordance with the building permit which had been issued and was in force in respect of the work in that the slabs at two units were poured higher than shown on the endorsed plans;
demanded and received a deposit under a verbal major domestic building contract with a contract price in excess of $20,000.00 which was more than 5% of the contract price; entered into a major domestic building contract that was non-compliant with Section 31(1) of the DBCA on two occasions;
managed or arranged the carrying out of domestic building work under a major domestic building contract when not covered by the required insurance on two occasions; and
allowed an existing dwelling to be left exposed for approximately 12 months, which caused damage to the property.

Registration: BS-U 1270 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2018

Project site location: Sunbury

Disciplinary action taken

Ground 1: Reprimand and fine of $500.

Ground 2: Reprimand and Fine of $1,500.

Summary of grounds

Ground 1: 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) in that he issued an occupancy permit when the building was not suitable for occupation.

Ground 2: 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) in that he failed to take appropriate enforcement action.

Registration: BS-L 42775 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2018

Project site location: Welshpool

Disciplinary action taken

Ground 1: Reprimand and penalty of $700.

Ground 2: Reprimand and penalty of $700.

Ground 3: Reprimand and penalty of $700.

Summary of grounds

Ground 1: The Practitioner contravened Section 80 of the Building Act 1993 in that he failed within seven days after accepting an appointment as the relevant building with respect to the work on the site, to notify the relevant council in writing of the appointment and the building or building work in respect of which he was appointed.

Ground 2: The Practitioner contravened Regulation 1012(a) of the Building Regulations 2006 in that he failed within 7 days after issuing a certificate of final inspection, to give to the relevant council a copy of the certificate.

Ground 3: The Practitioner contravened Regulation 314(1) of the Building Regulations 2006 in that he failed within seven days after issuing the building permit to give to the owner a copy of the building permit and 2 copies of the plans, specifications and other documents lodged with the application with evidence of approval stamped and endorsed on them.

Registration: BS-L 42775 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2018

Project site location: Foster

Disciplinary action taken

Ground 1: Reprimand and penalty of $700.

Ground 2: Reprimand and penalty of $700.

Ground 3: Reprimand and penalty of $700.

Summary of grounds

Ground 1: The Practitioner contravened Section 80 of the Building Act 1993 in that he failed within seven days after accepting an appointment as the relevant building with respect to the work on the site, to notify the relevant council in writing of the appointment and the building or building work in respect of which you were appointed.

Ground 2: The Practitioner contravened Section 30 of the Building Act 1993 in that he failed within seven days after issuing the building permit to give to the relevant council a copy of that permit and any plans and other documents lodged with the application for the permit.

Ground 3: The Practitioner contravened Regulation 314(1) of the Building Regulations 2006 in that he failed within seven days after issuing the building permit to give to the owner a copy of the building permit and 2 copies of the plans, specifications and other documents lodged with the application with evidence of approval stamped and endorsed on them.

Registration: BS-L 42775 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2018

Project site location: Leongatha

Disciplinary action taken

Ground 1: Reprimand and penalty of $4,000.

Summary of grounds

Ground 1: The Practitioner contravened Section 24(1) of the Building Act 1993 in that he issued a building permit for the work on the site when he could not have been satisfied that the building work would comply with the Act and the Regulations.

Registration: BS-L 42775 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2018

Project site location: Leongatha

Disciplinary action taken

Ground 1: Reprimand and penalty of $4,000.

Ground 2: Reprimand and penalty of $1,000.

Summary of grounds

Ground 1: The Practitioner contravened Sections 24(1), 24A(2)(a), 24A(3)(b) and 205H(3)(b) of the Building Act 1993 in that he issued a building permit for the work on the site when he could not have been satisfied that the building work would comply with the Act and the Regulations, the work would be carried out by a builder who was registered under Part 11 in the appropriate class of domestic builder and is covered by the required insurance, that the applicant had been issued with a certificate of consent for the work; and he failed to refuse an application for a building permit when he could not have been satisfied that the contract price for the building work specified in the application was not substantially lower than the price normally payable under contracts for work of that kind.

Ground 2: The Practitioner contravened Section 125(1) of the Building Act in that he issued a building notice and failed to provide a copy of such building notice to council within 7 days after issuing the notice; Section 125(2) of the Act in that he issued a cancellation of a building notice and failed to provide a copy of such building notice to council within 7 days after issuing the notice; and Section 125(1) of the Act in that he issued a building order stop work and failed to provide a copy of such building notice to council within 7 days after issuing the notice.

Registration: BS-L 42775 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 June 2018

Project site location: Venus Bay

Disciplinary action taken

Ground One

To impose a reprimand pursuant to section 178(a) of the Act.
To impose a penalty of $700.00 pursuant to section 178(d) of the Act.

Ground Two

To impose a reprimand pursuant to section 178(a) of the Act.
To impose a penalty of $700.00 pursuant to section 178(d) of the Act.

Ground Three

To impose a reprimand pursuant to section 178(a) of the Act.
To impose a penalty of $700.00 pursuant to section 178(d) of the Act.

Ground Four

To impose a reprimand pursuant to section 178(a) of the Act.
To impose a penalty of $1,000.00 pursuant to section 178(d) of the Act.

Summary of grounds

Ground One – Disciplinary Action under Section 179(1)(a)(i) of the Act

In or about November 2016 and in relation to building work namely the construction of a detached dwelling (the work) at 20 Juno Road, Venus Bay (the site), you contravened Section 80 of the Building Act 1993 in that you failed within seven days after accepting an appointment as the relevant building with respect to the work on the site, to notify the relevant council in writing of the appointment and the building or building work in respect of which you were appointed.

Ground Two – Disciplinary Action under Section 179(1)(a)(i) of the Act

On 19 April 2017 and in relation to building work namely the construction of a detached dwelling (the work) at 20 Juno Road, Venus Bay (the site), you contravened Section 30 of the Building Act 1993 in that you failed within seven days after issuing the building permit to give to the relevant council a copy of that permit and any plans and other documents lodged with the application for the permit..

Ground Three – Disciplinary Action under Section 179(1)(a)(i) of the Act

On 19 April 2017 and in relation to building work namely the construction of a detached dwelling (the work) at 20 Juno Road, Venus Bay (the site), you contravened Regulation 314(1) of the Building Regulations 2006 in that you failed within seven days after issuing the building permit to give to the owner a copy of the building permit and 2 copies of the plans, specifications and other documents lodged with the application with evidence of approval stamped and endorsed on them.

Ground Four – Disciplinary Action under Section 179(1)(a)(i) of the Act

Ground 3: 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 Regulations 2006 (Vic.) in that he caused the company of which you were a director to demand, receive and retain frame stage payments for the work when the work had not been completed to frame stage contrary to Items 1 and 23.2 of the contracts.

Ground 4: 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 Regulations 2006 (Vic.) in that he caused the company of which he was a director to demand, receive and retain lockup stage payments for the work when the work had not been completed to lockup stage contrary to Items 1 and 23.2 of the contracts.

Ground 5: 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 Regulations 2006 (Vic.) in that he caused the company of which he was a director to demand fixing stage payments for the work when the work had not been completed to fixing stage contrary to Items 1 and 23.2 of the contracts.

Ground 6: 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 Regulations 2006 (Vic.) in that he caused the company of which he was a director to demand, receive and retain completion stage payment for Unit 1 of the work and to demand completion stage payment for Unit 2 of the work when the work had not been completed to completion stage contrary to Items 1 and 23.2 of the contracts.

Ground 7: 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 Regulations 2006 (Vic.) in that he failed to respond to emails and letters sent to him by the owners regarding the work on the site.

Ground 8: 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 Regulations 2006 (Vic.) in that he failed to complete the work in a timely manner and in accordance with the time frame specified in the contract.

Ground 9: 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 Regulations 2006 (Vic.) in that he failed to complete the work in a proper and workmanlike manner.

Registration: DB-U 20656 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 June 2018

Project site location: North Sunshine

Disciplinary action taken

Ground 1: Reprimand and penalty of $7,500.

Ground 2: Reprimand and penalty of $6,000.

Summary of grounds

Ground 1: The practitioner contravened Section 16(1) of the Building Act 1993 in that he caused, counselled or procured the carrying out of building work on the site when a building permit had not been issued and was not in force.

Ground 2: The practitioner contravened Section 176(1A)(b) of the Building Act 1993 in that he conducted mandatory inspections of the work which were to be conducted by a registered building surveyor and thereby held himself out as a registered building surveyor.

Registration: DB-U 20362 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 May 2018

Project site location: Clyde North

Disciplinary action taken

Ground 1: Reprimand and penalty of $3,000.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations, by failing to carry out his work as a building practitioner in a competent manner and to a professional standard in that as the Director of Ashwood Homes Pty Ltd A.C.N. 976 (the company) he failed to ensure the Company did not demand and/or recover and/or retain deposit moneys before the required insurance had been issued for the work contrary to the requirements of the contract and Domestic Building Insurance Ministerial Order No S98 of 2003 (as amended) and Item 7 of the contract.

Registration: DB-U 13035 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 May 2018

Project site location: Newtown

Disciplinary action taken

Ground 1: Reprimand and fine of $3,000.

Ground 2: Reprimand and fine of $3,000.

Ground 3: Reprimand and fine of $4,000.

Ground 4: Reprimand and fine of $3,000.

Ground 5: Reprimand and fine of $3,000.

Ground 6: Reprimand, fine of $2,000 and an order to pay Tax Invoice dated 9 June 2011 issued by the Building Practitioners Board.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations, in that he caused counselled or procured the demanding and receiving under a major domestic building contract of a progress payment for frame stage when the work had not been completed to frame stage and had not been approved by the RBS.

Ground 2: The practitioner breached Section 37H of the Building Act 1993 in that he failed to comply with Directions to Fix Building Work issued on 30 November 2016 and 8 February 2017 within the timeframes prescribed or at all.

Ground 3: The practitioner contravened Regulation 1502(a) of the Building Regulations in that he failed to carry out the work in a proper and workmanlike manner in carrying out defective and non-compliant work.

Ground 4: The practitioner contravened Regulation 1502(a) of the Building Regulations in that he sent threatening and abusive short message service messages to the owner of the site.

Ground 5: The practitioner contravened Regulation 1502(a) of the Building Regulations in that he failed to complete the work in a timely manner and in accordance with the time frame set out in the major domestic building contract as varied on 15 December 2016 and abandoning the site.

Ground 6: The practitioner contravened Section 179(1)(d) of the Building Act 1993 in that he failed to comply with a determination or direction of the Authority namely, a decision of the Building Practitioners Board dated 9 June 2011.

Registration: DB-U 9403 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 May 2018

Project site location: Mildura

Disciplinary action taken

Ground 1: Reprimand and penalty of $6,500.

Ground 2: Reprimand and penalty of $3,000.

Ground 3: Reprimand and penalty of $7,000.

Ground 4: Reprimand and penalty of $1,000.

Summary of grounds

Ground 1: The Practitioner contravened section 246 of the Building Act by knowingly providing false or misleading information to a person carrying out a function under the Act or the regulations.

Ground 2: The Practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard in that he failed to ensure the company (of which he was the sole director) did not demand, receive and/or retain 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 No S98 of 2003 (as amended).

Ground 3: The Practitioner failed to comply with section 136(2) of the Building Act 1993 (Vic.) by carrying out or managing or arranging the carrying out of domestic building work under a major domestic building contract when the company of which he was the sole director was not covered by the required insurance.

Ground 4: The Practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard in that he failed to ensure that the company of which he was the sole director complied with the terms of the contract and section 40(2) of the Domestic Building Contracts Act 1995, by only demanding a progress payment for the frame stage when the company was entitled to do so.

Registration: BS-U 30656 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 May 2018

Project site location: Natimuk

Disciplinary action taken

Ground 1: Reprimand and fine of $600.

Summary of grounds

Ground 1: The practitioner contravened Section 24(1) of the Building Act 1993 in that he issued a building permit permitting work on the site when he could not have been satisfied that the building work and the building permit will comply with the Act and the building regulations namely, Regulation 302(2) (e), Regulation 304(1) (f), Regulation 610(2) and Part 3.1.2.3(c) of the BCA.

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

Disciplinary proceeding: VBA show cause process

Decision date: 17 May 2018

Project site location: Eltham

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,500.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner contravened Section 24(1)(a) of the Act by issuing a Building Permit for the work when he could not be satisfied the work and the building permit would comply with the Act and Regulations and in particular, Regulation 419(1) of the Building Regulations 2006 in that there was insufficient information contained on the plans accompanying the building permit application which demonstrated compliance with overlooking.

Summary of grounds

Ground 1: The practitioner contravened Section 205J(1)(c) & (d) of the Building Act 1993 in that he failed to forward the amounts of levy received by him to the Authority for payment into the Victorian Building Authority Fund and he failed to give to the Authority periodic returns setting out whether or not he had received any amount of levy in the return period, if any levy has been received, the amount received, the amount forwarded to the Authority; and any other prescribed information.

Ground 2: The practitioner contravened Section 205J(1)(c) & (d) of the Building Act 1993 in that he failed to forward the amounts of levy received by him to the Authority for payment into the Victorian Building Authority Fund and he failed to give to the Authority periodic returns setting out whether or not he had received any amount of levy in the return period, if any levy has been received, the amount received, the amount forwarded to the Authority; and any other prescribed information.

Registration: DB-M 30644 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 13 April 2018

Project site location: Fitzroy

Disciplinary action taken

Ground 1: Reprimand and penalty of $3,000.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out 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 defective work at the site.

Registration: BS-U 27714 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 April 2018

Project site location: Maidstone

Disciplinary action taken

Ground 1: Reprimand.

Ground 2: Reprimand and penalty of $1,500.

Summary of grounds

Ground 1: The practitioner contravened Regulation 322 of the Building Regulations 2006 (Vic.) by failing to forward to the Authority within 7 days after the end of each month in a form approved by the Authority, details to his knowledge as the relevant building surveyor of any building permit that lapses during that month.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to take steps with respect to take any enforcement action with respect to the issuing of an occupancy permit by a person other than the RBS for the site and failing to identify whether or not Unit 3 of the work on the site as being illegally occupied without an occupancy permit.

Registration: BS-U 14813 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 April 2018

Project site locations:

Sunbury (4 sites)
Greenvale
Queenscliffe

Disciplinary action taken

Ground 1, 2, 3, 4 & 5: Reprimand, penalty of $12,000, directed to complete course of training ‘CPCCBS6008 – Process building applications for residential buildings up to three storeys’ and imposition of a condition that the practitioner is not to issue any new building permits for swimming pools and/or swimming pool barriers until that training course is successfully completed.

Ground 1: Reprimand and penalty of $2,500.

The penalty was reduced to a reprimand on appeal to the Victorian Civil and Administrative Tribunal. No monetary penalty applies.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) 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 the work in a proper and workmanlike manner.

Registration: DB-U 38739 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 March 2018

Project site location: Upper Ferntree Gully

Disciplinary action taken

Ground 1: Reprimand.

Ground 2: Reprimand and penalty of $1,500.

Summary of grounds

Ground 1: The practitioner failed to carry out work in a competent manner and to a professional standard contrary to Regulation 1502(a) of the Building Regulations 2006 by failing to carry out the work in a timely manner.

Ground 2: The practitioner failed to carry out work in a competent manner and to a professional standard contrary with regulation 1502(a) of the Building Regulations 2006 in that you as a director of a company, he caused counselled or procured the company to demand payment for the frame stage of the work when the work had not been completed to frame stage.

Registration: DB-U 38739 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 March 2018

Project site location: Richmond

Disciplinary action taken

Ground 1: Reprimand and fine of $1,000.

Ground 2: Reprimand and fine of $1,000.

Ground 3: Reprimand and fine of $1,500.

Summary of grounds

Ground 1: The practitioner failed to carry out work in a competent manner and to a professional standard contrary to Regulation 1502(a) of the Building Regulations 2006 in that he caused, permitted, counselled or procured the carrying out of defective work at the site.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations by failing to rectify defects identified in an inspection.

Ground 3: The Practitioner contravened sub-section 40(3) of the Domestic Building Contracts Act 1995 (Vic.) in that he permitted, counselled or procured the company to demand and receive an amount or instalment not directly related to the progress of the building work being carried out under the contract in contravention of section 40(3) of the Domestic Building Contracts Act 1995.

Registration: BS-L 34559 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 March 2018

Project site location: Frankston

Disciplinary action taken

Ground 1: Reprimand and penalty of $500.

Ground 2: Reprimand and penalty of $500.

Ground 3: Reprimand and penalty of $1,000.

Summary of grounds

Ground 1: The practitioner contravened Section 80 of the Building Act 1993 in that he failed within 7 days after accepting an appointment to notify the relevant council in writing of the appointment and the building or building work in respect of which he was appointed.

Ground 2: The practitioner contravened Section 30(1) of the Building Act 1993 in that he failed within 7 days of issuing a building permit for the work on the site to give the relevant council a copy of that permit and any plans and other documents lodged with the application for the permit.

Ground 3: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that in that he:

issued a building permit in respect of the work which was not in the form of a Form 2 of Schedule 2 pursuant to regulation 313(1) of the Building Regulations 2006 in that there was no building permit date listed on the building permit;
issued a building permit in respect of the work which was not in the form of a Form 2 of Schedule 2 pursuant to regulation 313(1) of the Building Regulations 2006 in that there it did not specify the time limits for commencement and completion of the building work in the building permit;
issued a certificate of final inspection in respect of the work which was not in the form of Form 7 of Schedule 2 pursuant to regulation 1006 of the Building Regulations 2006, in that the certificate of final inspection did not include the date the certificate was issued; and
issued a certificate of final inspection in respect of the work which was not in the form of Form 7 of Schedule 2 pursuant to regulation 1006 of the Building Regulations 2006, in that the certificate of final inspection did not include the date the final inspection was undertaken.

Registration: DB-U 1643 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 March 2018

Project site location: Lower Plenty

Disciplinary action taken

Ground 1: Reprimand, registration cancelled and disqualified from being registered for three years.

Ground 2: Reprimand.

Ground 3: Reprimand.

Ground 4: Reprimand.

Ground 5: Reprimand.

Ground 6: Reprimand.

Ground 7: Reprimand.

Ground 8: Reprimand.

Ground 9: Reprimand.

Ground 10: Reprimand.

Ground 7: The practitioner contravened regulation 1502(a) of the Building Regulations in that he failed to ensure that the Company, of which he was the sole director, complied with section 40(2) of the Domestic Building Contracts Act 1995, in that it demanded under a major domestic building contract to build all stages a progress payment for fixing stage when the Company was not entitled to do so, as fixing stage had not commenced and therefore was not complete.

Ground 8: The practitioner contravened regulation 1502(a) of the Building Regulations in that he failed to ensure that the Company, of which he was the sole director, complied with section 40(2) of the Domestic Building Contracts Act 1995, in that it demanded under a major domestic building contract to build all stages a progress payment for base stage and frame stage when the Company was not entitled to do so, as neither stage was complete and frame stage was not approved until 12 October 2015.

Ground 9: The practitioner contravened regulation 1502(a) of the Building Regulations in that he failed to ensure that the Company, of which he was the sole director, complied with section 40(2) of the Domestic Building Contracts Act 1995, in that it demanded under a major domestic building contract to build all stages a progress payment for base stage and frame stage when the Company was not entitled to do so, as these stages were not complete.

Ground 10: The practitioner contravened regulation 1502(a) of the Building Regulations in that he failed to ensure that the Company, of which he was the sole director, carried out the work in a proper and workmanlike manner.

Ground 11: The practitioner contravened regulation 1502(a) of the Building Regulations in that he failed to rectify the defects identified in an inspection report.

Registration: DB-U 1591 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 March 2018

Project site location: Oakleigh

Disciplinary action taken

Ground 1: Reprimand and penalty of $2,000.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that in that he caused, permitted, counselled or procured the carrying out of defective work at the site.

Registration: DB-U 23840 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 March 2018

Project site location: Alfredton

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,500.

Ground 2: Reprimand and penalty of $2,000.

Ground 3: Reprimand.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as a director of a company, he caused counselled or procured the company to enter into a major domestic building contract which did not comply with Section 31(1) of the Domestic Building Contracts Act 1995.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that as a director of a company, he caused counselled or procured the company to contravene Section 11(1)(a) of the Domestic Building Contracts Act 1995 by demanding and receiving under a domestic building contract that was $20,000.00 or more, a deposit which was more than 5% of the contract price.

Ground 3: The practitioner contravened Section 221D(1) of the Building Act 1993 by carrying out plumbing work of a particular class when he was not licensed or registered by the VBA to carry out work of that class or type.

Registration: DB-U 34819 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 March 2018

Project site locations:

Croydon (4 sites)
Thornbury
Bundoora (2 sites)
Mooroolbark (2 sites)
Bulleen
Clarinda
Box Hill
Craigieburn
Beveridge

Disciplinary action taken

Registration cancelled, practitioner disqualified from being registered for a period of 3 years and penalty of $40,000.

Summary of grounds

30 Grounds were found to be substantiated:

12 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 12 sites for failing to ensure building works progressed in a timely manner, failing to complete works within the build period specified in the relevant contracts (and/or at all) and abandoning the sites.
5 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 5 sites for failing to carry out building works in a proper and workmanlike manner.
6 contraventions of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) across 5 sites for demanding and retaining progress claims when the relevant progress claims were not yet due.
1 contravention of section 33(1) of the Building Act 1993 (Vic.) for failing to call for a mandatory inspection in respect of 1 site.
1 contravention of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) for continuing to progress works at 1 site substantially beyond the frame stage when the RBS had not approved the mandatory framework inspection.
1 contravention of section 37H(1) of the Building Act 1993 (Vic.) for failing to comply with written directions to fix building work at 1 site.
1 contravention of section 179(1)(d) of the Building Act 1993 (Vic.), for failing to comply with a determination or direction of the Victorian Civil and Administrative Tribunal (VCAT) in respect of orders made in respect of 1 site.
1 contravention of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were) for failing, refusing and/or neglecting to return to 1 site to rectify defective works.
A Ground under section 179(1)(o) of the Act, namely that a ground for immediate suspension exists pursuant to section 180(a) of the Act, in that the practitioner is and was an officer of a body corporate subject to external administration within the meaning of section 5-5 of Schedule 2 of the Corporations Act.
A further Ground for disciplinary action under section 179(1)(g) of the Act, namely that, as a result of the preceding Grounds, the VBA reasonably believes the practitioner is no longer a fit and proper person to practise as a building practitioner.

Registration: DB-L 43235 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 March 2018

Project site location: Vermont

Disciplinary action taken

Ground 1: Reprimand and penalty of $3,000.

Ground 2: Reprimand and penalty of $2,500.

Summary of grounds

Ground 1: The practitioner contravened section 16(1) of the Building Act 1993 (Vic) in that he, as the director of a company responsible for the construction of several townhouses, caused building work to be carried out that was not in accordance with the relevant building permit.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic) in that he, as the director of a company responsible for construction of several townhouses, caused the removal of a a boundary fence without obtaining the consent or authorisation of the owner of the adjoining property.

Registration: BS-U 1065 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 February 2018

Project site location: Venus Bay

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,000.

Ground 2: Reprimand and penalty of $1,000.

Summary of grounds

Ground 1: The practitioner failed to comply with section 24(1)(a) of the Building Act 1993, in that he issued a building permit in circumstances where he could not have been satisfied that the building permit and the works would comply with the Building Act 1993 and the Building Regulations 2006.

Ground 2: The practitioner failed to perform his work as a building practitioner in a competent manner and to a professional standard and thereby failed to comply with regulation 1502(a) of the Building Regulations 2006.

Registration: DB-M 29983 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 22 February 2018

Project site location: Brunswick

Disciplinary action taken

Ground 1: Reprimand and penalty of $10,500.

Summary of grounds

Ground 1: The practitioner failed comply with s16 of the Building Act by failing to ensure that a Building Permit in relation to the construction of 7 dwellings and garages (the work), had been issued and was in force before commencing the work on the site.

Registration: DB-U 36690 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 February 2018

Disciplinary action taken

Ground 1: Suspension of registration DB-U 36690 pursuant to section 178(f) of the Act from 23 February 2018 until 7 May 2018 or until the practitioner is discharged from bankruptcy, whichever is sooner.

Ground 2: Reprimand.

Summary of grounds

Ground 1: A ground for immediate suspension exists pursuant to section 180(a) of the Act, namely that the practitioner is insolvent under administration.

Ground 2: The practitioner contravened section 172A of the Act by failing to notify the VBA without delay of a change to the information he had provided to the VBA under section 169(2)(ca) of the Act as prescribed by regulation 1509(b) of the Building Regulations 2006 (Vic), namely, whether he had ever been insolvent under administration.

Registration: BS-U 39290 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 February 2018

Project site location: Bentleigh East

Disciplinary action taken

Ground 1: Reprimand.

Summary of grounds

Ground 1: The practitioner failed to comply with section 24(1)(a) of the Building Act 1993 in that he issued a building permit when he could not have been satisfied that the building permit would comply with Regulation 410(1) of the Building Regulations 2006, in that the height of the building exceeded the relevant height specified in clause 32.09-8 of the Planning Scheme which was in force at the time the permit was issued.

Registration:

CB-L-43598 / Commercial Builder (Limited)
DB-M-25094 / Domestic Builder (Manager)
DB-U-39119 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 February 2018

Disciplinary action taken

Ground 1: A suspension of the practitioner’s registration CB-L-43598 until the next relevant renewal date or until discharged from bankruptcy (whichever was the sooner).

Ground 2: Reprimand.

Summary of grounds

Ground 1: A ground for immediate suspension was found to exist pursuant to section 180(a) of the Act, namely that the practitioner was insolvent under administration.

Ground 2: The practitioner was found to have contravened section 172A of the Act (as it was at the relevant time), in that he failed to advise the Authority of a change to the information required under section 169(2)(ca) of the Act as prescribed by r.1509(b) of the Building Regulations 2006 (as they then were) by failing to advise the Authority of his status as insolvent under administration without delay.

Registration: DB-U 9208 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 February 2018

Project site location: Dallas

Disciplinary action taken

Ground 1: Direction to undertake training unit CPCCBC4009B on or before 30 December 2018 and penalty of $2,000.

Ground 2: Direction to undertake training unit CPCCBC4009B on or before 30 December 2018 and penalty of $1,500.

Ground 3: Penalty of $2,750.

Ground 4: Direction to undertake training unit CPCCBC4009B on or before 30 December 2018 and a penalty of $2,500.

Ground 5: Reprimand and a penalty of $2,000.

Ground 6: Penalty of $1,750.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he, as a director of the company who was a registered building practitioner, failed to ensure that the company complied with the contract and/or the requirements of Ministerial Order S98 of 2003 (as varied) under the Act in that on behalf of the company he demanded, received and retained moneys from the owners of the site before an insurance policy had been obtained for the work.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he, as a director of the company who was a registered building practitioner, failed to ensure that the company only demanded, recovered and retained under a major domestic building contract, a progress payment (being the frame stage) when the company was entitled to do so.

Ground 3: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he, as a director of the company who was a registered building practitioner, failed to ensure that the company did not continue with further building work when the frame stage had not been approved by the relevant building surveyor.

Ground 4: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he, as a director of the company who was a registered building practitioner, failed to ensure that the company only demanded, recovered and retained under a major domestic building contract, a progress payment or progress payments (being the lock up and/or fixing stages) when the company was entitled to do so.

Ground 5: The company, of which the practitioner was a director, contravened section 37H(1) of the Act in that it failed to comply with a written direction to fix building work. By virtue of the deeming provisions under the Act that contravention of the company was held to also be a contravention of the practitioner as director of the company.

Ground 6: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he, as a director of the company who was a registered building practitioner, failed to ensure that the company carried out the work in a timely manner and within the period specified in the contract for completion.

Registration: DB-U 33814 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 February 2018

Project site location: Maidstone

Disciplinary action taken

Ground 1: Reprimand and penalty of $2,000.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner has contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) (the Regulations) by failing to carry out your work as a building practitioner in a competent manner and to a professional standard for carrying out defective building work in relation to the construction of a double storey dwelling at the site.

Ground 2: The practitioner has contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) (the Regulations) by failing to carry out your work as a building practitioner in a competent manner and to a professional standard for failing to rectify defects identified in an inspection report within the reccomended timeframe.

Registration: DB-M 41537 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 1 February 2018

Project site locations:

Doncaster East
Bentleigh
Mount Waverley

Disciplinary action taken

Registration cancelled, practitioner disqualified from being registered for a period of 3 years and penalty of $15,000.

Summary of grounds

Grounds 1, 2, 5 and 10: The practitioner contravened section 246 of the Building Act 1993 (the Act) on four occasions, in that he knowingly provided, or caused to be provided, false or misleading information to a person carrying out a function under the Act.

Grounds 6 and 12: The practitioner contravened section 16(1) of the Act (applicable at the relevant time) on two occasions, in that he carried out, caused, permitted, directed or procured the carrying out of building works at two sites where a building permit had not been issued and was not in force under the Act.

Grounds 3, 7 and 11: The practitioner contravened section 136(2) of the Act on three occasions, in that he carried out, managed and/or arranged domestic building works at three sites under major domestic building contracts when he was not covered by the required insurance.

Grounds 4, 8 and 13: The practitioner contravened section 137 of the Act on three occasions, in that he held himself out as being covered by the required insurance in respect of domestic building works at three sites when he was not in fact covered by the required insurance.

Grounds 9 and 21: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) (the Regulations) on two occasions, in that he failed to ensure that major domestic building contracts in respect of works at two sites complied with the Domestic Building Contracts Act 1995 (Vic.) (the DBCA) as those contracts did not state the registration number of the director of the building company registered as a builder under the Act as required by section 31(1)(f)(iii) of the DBCA.

Ground 14: The practitioner contravened Regulation 1502(a) of the Regulations, in that, on one occasion, he failed to provide the owners of the subject site with a copy of the relevant certificate of insurance contrary to the terms of the contract and despite requests from the owner to do so.

Ground 15: The practitioner contravened Regulation 1502(a) of the Regulations, in that, in respect of one site, he:

retained the deposit and demanded, accepted and retained progress payments from the owners for the purported demolition, slab, framing and lock-up(part) stages under the contract when he and the builder company were not entitled to do so under clause 5.4.2 of the contract; and/or
demanded and then retained a payment purporting to be the frame stage progress claim under a major domestic building contract to which section 40(2) of the Domestic Building Contracts Act 1995 (Vic.) (the DBCA) applied when frame stage had not been completed in accordance with section 40(1) of the DBCA.

Ground 16: The practitioner contravened Regulation 1502(a) of the Regulations, in that, in respect of one site, he caused the builder company to demand a payment in excess of the maximum percentage of contract price of 15% permissible for a frame stage progress claim allowed under section 40(2) of the Domestic Building Contracts Act 1995 (Vic.) (the DBCA).

Ground 17: The practitioner contravened section 33(1) of the Act, in that, in respect of one site, he failed to notify the relevant building surveyor without delay after the completion of a mandatory notification stage, namely completion of the pre-slab inspection stage.

Ground 3: Reprimand.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in issuing a deficient Regulation 1507 compliance certificate which did not make reference to an inspection or certification of the seating system within the two circus tent structures.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in issuing a Regulation 1507 compliance certificate for the two circus tent structures which did not comply with the occupancy permit requirements and the approved plans to which the certificate related.

Ground 3: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in issuing a deficient Regulation 1507 compliance certificate for two circus tent structures which did not list the occupancy permit to which the certificate related.

Registration: DB-U 6563 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 January 2018

Project site location: Ringwood North

Disciplinary action taken

Ground 1: Reprimand, penalty of $500 and imposition of condition that the practitioner must successfully complete training course ‘CPCCBC4008B – Conduct on-site supervision of building and construction projects’ (or equivalent where superseded) prior to renewal of his DB-U registration.

Ground 2: Reprimand and imposition of condition that the practitioner must successfully complete two training courses: ‘CPCCBC4003A – Select and prepare a construction contract’ and ‘CPCCBC4009B – Apply legal requirements to building and construction projects’ (or equivalent where superseded) prior to renewal of his DB-U registration.

Ground 3: Reprimand, penalty of $1,000 and imposition of condition that the practitioner must successfully complete training course ‘CPCCBC4009B – Apply legal requirements to building and construction projects’ (or equivalent where superseded) prior to renewal of his DB-U registration.

Ground 4: Reprimand, penalty of $1,000 and imposition of condition that the practitioner must successfully complete training course ‘CPCCBC4009B – Apply legal requirements to building and construction projects’ (or equivalent where superseded) prior to renewal of his DB-U registration.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.)(the Regulations), in that he failed to properly manage, supervise and control the works, failed to ensure the works progressed in a timely manner and failed to complete the works within the period specified by the Contract.

Ground 2: The practitioner contravened Regulation 1502(a) of the Regulations, in that he demanded and received progress payments which were not in accordance with the contracted Method 2 schedule and/or the payment schedule prescribed under section 40 of the Domestic Building Contracts Act 1995 (Vic).

Ground 3: The practitioner contravened section 33(1) of the Building Act 1993 (Vic.) in that he failed to notify the relevant building surveyor without delay after completion of a mandatory notification stage under R901 of the Regulations, namely completion of the framework.

Summary of grounds

Ground 1: The practitioner contravened section 24(1)(b) of the Building Act 1993 (Act) in that he issued building permits when he could not have been satisfied that the consent of the reporting authority required under the Act or the Regulations had been obtained in accordance with Schedule 2 of the Act.

Ground 2: The practitioner contravened section 309(3) of the Building Regulations 2006 in that he issued building permits which involved the installation of fire sprinklers which did not meet the deemed-to-satisfy provisions of the BCA and he failed to provide details of the installation of the fire sprinklers to the chief officer of the Metropolitan Fire Brigade.

Registration: DB-U 23211 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 November 2017

Project site location: Dandenong

Disciplinary action taken

Suspension of registration (DB-U 23211) for one year and 50% of costs $9,379.86.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations in relation to a site in Dandenong.

The practitioner had failed to comply with Regulation 1502(a) of the Building Regulations for not carrying building work as a registered building practitioner in a competent manner and to a professional standard for four of the breaches. The first for entering into a major domestic building contract which did not make reasonable allowance for inclement weather as required by s32 of the Domestic Building Contracts Act.

The other three were for demanding lockup stage payments prior to that work being complete, failing to complete the building work by the date for completion under the DBCA, and having completed some defective work.

The practitioner had also been found to have breached s246 of the Building Act by knowingly providing false / altered information intended for the building surveyor being a certificate of insurance having a different name to the building company that the insurance policy was for.

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 November 2017

Project site location: South Yarra

Disciplinary action taken

Ground 1: Reprimand, Penalty of $1,500 and requirement to attend a Legal Obligation course within 12 months.

Ground 2: Reprimand, Penalty of $3,000 and requirement to attend a Legal Obligation course within 12 months.

Ground 3: Reprimand and Penalty of $4,000.

Ground 4: Reprimand, Penalty of $4,000 and requirement to attend a Legal Obligation course within 12 months.

Ground 5: Reprimand, Penalty of $4,000 and requirement to attend a Legal Obligation course within 12 months.

Summary of grounds

Ground 1: The practitioner failed to carry out work as a building practitioner in a competent manner and to a professional standard, in that he entered into a major domestic building contract contrary to the requirements of Section 31 of the Domestic Building Contracts Act 1995.

Ground 2: The practitioner demanded and received a deposit under a domestic building contract of more than 5% of the contract price when the contract price was more than $20,000.00 contrary to Section 11(1)(a) of the Domestic Building Contracts Act 1995.

Ground 3: The practitioner carried out domestic building work under a major domestic building contract when he was not registered in the appropriate class of domestic builder contrary to Section 176(2A) of the Building Act 1993 (Vic).

Ground 4: The practitioner carried out domestic building work under a major domestic building contract when he was not covered by the required insurance contrary to Section 136(2) of the Building Act 1993.

Ground 3: Reprimand, Penalty of $2,000 and requirement to attend a Administer a Construction Contract course on or before 30 June 2018.

Summary of grounds

Ground 1: The practitioner failed to carry out work as a building practitioner in a competent manner and to a professional standard, in that he entered into a major domestic building contract which did not meet the requirements of Section 31 of the Domestic Building Contracts Act 1995.

Ground 2: The practitioner failed to comply with section 136(2) of the Building Act 1993 by carrying out, managing and arranging the carrying out of domestic building work under a major domestic building contract when you were not covered by the required insurance.

Ground 3: The practitioner failed to carry out work as a building practitioner in a competent manner and to a professional standard in that he failed to comply with the requirements of Ministerial Order S98 of 2003 (as amended) under the Building Act 1993 in that he demanded, received and retained moneys before an insurance policy had been obtained for the work.

Registration: DB-U 6255 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 October 2017

Project site location: Parkville

Disciplinary action taken

Ground 1: Reprimand, penalty of $3,750 and conditional requirement that the practitioner complete nationally recognised training course ‘CPCCBC4009B – Apply legal requirements to building and construction projects’ if his registration is renewed after November 2017.

Ground 2: Reprimand, penalty of $1,125 and conditional requirement that the practitioner complete nationally recognised training course ‘CPCCBC4003A – Select and prepare a construction contract’ if his registration is renewed after November 2017.

Ground 3: Conditional requirement that the practitioner complete nationally recognised training course ‘CPCCBC4003A – Select and prepare a construction contract’ if his registration is renewed after November 2017.

Ground 4: Reprimand, penalty of $750 andconditional requirement that the practitioner complete nationally recognised training course ‘CPCCBC4003A – Select and prepare a construction contract’ if his registration is renewed after November 2017.

Summary of grounds

Ground 1: The practitioner contravened section 136(2) of the Building Act 1993 (Vic.) in that he 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.

Ground 2: The practitioner contravened section 31(1) of the Domestic Building Contracts Act 1995 (Vic.) (DBCA) in that he entered into a major domestic building contract for the works which did not comply with the requirements of section 31(1) of the DBCA.

Ground 3: The practitioner contravened section 25(a) of the DBCA in that, he failed to give the building owner for the subject site 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 contravened section 11(1)(a) of the DBCA in that the practitioner received a deposit of more than 5% in respect of a domestic building contract where the contract price was more than $20,000.

Registration: DB-U 21283 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 October 2017

Project site location: Multiple

Disciplinary action taken

Ground 1: Reprimand and penalty of $500.

Ground 2: Reprimand and penalty of $250.

Ground 3: Reprimand and penalty of $500.

Ground 4: Reprimand and penalty of $500.

Ground 5: Reprimand and penalty of $500.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) 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 the work in a proper and workmanlike manner.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that he failed to rectify the defective and non-compliant work in accordance with a VBA Inspection Report within the period directed therein and/or at all.

Ground 3: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) 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 the work in a proper and workmanlike manner.

Ground 4: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) 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 the work in a proper and workmanlike manner.

Ground 5: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that he failed to rectify defective and non-compliant work in accordance with a VBA Inspection Report within the period directed therein and/or at all.

Registration: DB-U 13078 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 October 2017

Project site location: Morwell

Disciplinary action taken

Reprimand.
Fine of $1,791.75.
Costs of $2,801.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a single site in Morwell.

The ground for the allegation was section 179(1)(b) of the Building Act 1993. This allegation involved the practitioner failing to comply with section 16(1) of the Building Act 1993 (Vic) in that he carried out building work which was not in accordance with the issued building permit.

Registration: BS-U 1126 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 October 2017

Project site locations:

Ocean Grove
Barwon Heads
Highton
Sunshine West

Disciplinary action taken

Reprimand.
Fine of $1000.00.
Costs of $5010.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations in relation to four sites in Ocean Grove, Barwon Heads, Highton and Sunshine West.

Three allegations for each of the Ocean Grove, Barwon Heads and Highton sites incorporated s24(1)(a) Building Act 1993 breaches for the practitioner having issued a building permit where he could not have been satisfied that the Building Permit would comply with the Act or the Regulations in that the permit documents did not contain sufficiently detailed drawings to demonstrate how compliance with AS 1926 (Swimming pool safety barriers) would be achieved.

In relation to the Sunshine West site, the practitioner had failed to comply with s24(1)(a) of the Building Act 1993 for issuing a building permit and not being satisfied it would comply with the Act or the Regulations in that the dimensioned site plans and bearer stump layout were not included. The practitioner had also breached Regulation 1502 of the Building Regulations for approving a footing stump hole inspection at the Sunshine West site which did not comply with the building permit or the endorsed plan.

Registration:

DB-M 30965 / Domestic Builder (Manager)
DB-L 30966 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2017

Project site locations:

Glen Iris
Cheltenham
Hughesdale

Disciplinary action taken

Cancellation of the DB-L and DB-M registrations
Disqualify the practitioner from being registered for 3 years.
Fine $35,835.00.
Costs $22,704.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of thirty two allegations in relation to three sites at Glen Iris, Cheltenham and Hughesdale.

There were eight allegations relating to the Cheltenham site and were for breaching s16 for carrying out internal alterations for the removal of a wall and installation of structural beams for support prior to the building permit being issued.

The practitioner also breached s31(1), s13(1) & (2) of the Domestic Building Contracts Act 1995 for having a non-compliant contract, entering into a cost plus contract and not meeting the exceptions to do so nor containing a fair and reasonable estimate of the likely total money to be received under the contract respectively.

The practitioner had also failed to comply with comply with s221D(1) of the Building Act 1993 for carrying out plumbing work when not registered as a plumber.

The practitioner was also found guilty of unprofessional conduct in breach of s179(1)(a) of the Act at the Cheltenham site for various actions including the removal of pool equipment the owner had purchased and offering to supply the same equipment to the owner at the Glen Iris site.

There were another eight allegations that the practitioner had breached at the Hughesdale site including breaches of s16(1) and s136 (2) of the Act for carrying out building work when no building permit had been issued for the work, carrying out work which did not comply with the BCA 3.8.1 & 3.6.4.5 for shower base and shower screen installation and window above the bath, and carrying out domestic building work when not covered by the required insurance respectively.

The contract was also found not to be compliant as required by s31(1) of the Domestic Building Contracts Act.

The practitioner has also 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 for defective work, not rectifying the defective works, and failing to ensure that the company demanded and received the deposit and progress payments under the contract at the appropriate times.

The practitioner was found guilty of fifteen allegations in relation to the Glen Iris site which included breaches of s16(1), s136(2), s221D(1) of the Act for commencing demolition works prior to the permit being issued, building not in accordance with the permit, and carrying out plumbing work when not licensed or registered as a plumber respectively.

The practitioner also breached s31(1), s16(1), and s19 of the Domestic Building Contracts Act 1995 for having a non compliant contract, seeking more money than the contract price when not authorised to do so, and not permitting the owner to have reasonable access to the building site and view any part of the building works respectively.

The practitioner had breached Regulation 1502 of the Building Regulations for removing roof sheeting and failing to protect from water ingress, demanding and receiving payments under the contract prior to the stages being completed, and receiving a payment from the owner in respect of an invoice from a subcontract plumber and failing to pass onto the subcontractor.

The practitioner was also found guilty of five allegations for unprofessional conduct at the Glen Iris site for inappropriate behaviour towards the owner, spray painting the site and damaging the building work resulting in serious occupational health and safety risks for anyone attending the site, cutting a suspended concrete slab above the entrance to the building with a demolition saw and two counts of creating false documents and forging the owners signature for a false claim in legal proceedings and creating a false contract document.

The Board also found a further allegation for all 3 sites finding the practitioner guilty of s179(1)(d) of the Act of conduct constituted by a pattern of conduct or by gross negligence or gross incompetence which shows the practitioner not fit and proper person to practice.

Registration: BS-U 1180 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 October 2017

Project site location: Campbellfield

Disciplinary action taken

Ground 1: Reprimand and penalty of $2,000.

Ground 2: Penalty of $3,000.

Summary of grounds

Ground 1: 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) in that he issued occupancy permits in circumstances where it was not appropriate to do so.

Ground 2: 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 Regulations 2006 in that he failed to take timely and appropriate action in relation to the unlawful occupation of buildings.

Registration: IN-U 1163 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2017

Project site location: Lancefield

Disciplinary action taken

Ground 1: Reprimand.

Summary of grounds

Ground 1: 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) in that he approved the final inspection when a pool safety barrier did not comply with the relevant Australian Standard.

Registration: DB-L 29556 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2017

Project site location: West Footscray

Disciplinary action taken

Ground 1: Reprimand and requirement to complete nationally recognised training courses ‘CPCCBC4003A – Select and prepare a construction contract’ and ‘CPCCBC4016A – Administer a construction contract’.

Ground 2: Reprimand.

Ground 3: Reprimand and requirement to complete nationally recognised training courses ‘CPCCBC4003A – Select and prepare a construction contract’ and ‘CPCCBC4016A – Administer a construction contract’.

Summary of grounds

Ground 1: The practitioner contravened section 31(1) of the Domestic Building Contracts Act 1995 (Vic.) (DBCA), in that he entered into a major domestic building contract which did not meet the requirements of subsections (c), (d), (e), (f), (g), (h), (i), (n), (o), (q) and/or (r) of section 31(1) of the DBCA.

Ground 2: The practitioner contravened section 11(1)(b) of the Domestic Building Contracts Act 1995 (Vic.), in that he demanded a deposit of more than 10% in respect of a domestic building contract where the contract price was less than $20,000.00.

Ground 3: The practitioner contravened section 33(2) of the Domestic Building Contracts Act 1995 (Vic.), in that he entered into a major domestic building contract which allowed for the contract price to change without the required warning that the contract price was subject to change.

Registration: DB-U 38279 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2017

Project site location: Fawkner

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,000.

Ground 2: Reprimand and penalty of $2,500.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were), in relation to building work consisting of the construction of a new dwelling and garage (the works), the practitioner failed to carry out work as a building practitioner in a competent manner and to a professional standard, in that the works contained defective and incomplete items.

Ground 2: The practitioner contravened of Regulation 1502(a) of the Building Regulations 2006 (Vic.) (as they then were), in that he failed to carry out work as a building practitioner in a competent manner and to a professional standard by failing to rectify the defective and incomplete works required by a VBA Inspection Report within the five week period directed and/or at all.

Registration: BS-U 1552 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2017

Project site location: Williamstown North

Disciplinary action taken

Ground 1: Reprimand.

Ground 2: Reprimand and penalty of $3,000.

Ground 3: Reprimand and penalty of $500.

Ground 4: Reprimand and penalty of $500.

Summary of grounds

Ground 1: The practitioner contravened section 80 of the Building Act 1993 (Vic.), in that 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 7 days after accepting that appointment.

Ground 2: The practitioner contravened section 24(1)(d) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he issued a building permit when he could not have been satisfied that the building permit would be consistent with the planning permit.

Ground 3: The practitioner contravened section 30(1) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he failed to give to the relevant council a copy of the building permit and any other plans and other documents lodged with the application for the permit within 7 days after issuing a building permit.

Ground 4: The practitioner contravened section 73(1) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he failed to give to the relevant council a copy of the occupancy permit and any other plans and other documents lodged with the occupancy permit within 7 days after issuing the occupancy permit.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 4 October 2017

Project site location: Southbank

Disciplinary action taken

Reprimand.
Fine of $4,500.00.
Costs of $3,891.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of seven allegations in relation to one site in Southbank. The ground for all seven allegations was section 179(1)(b) of the Building Act 1993.

The first three allegations involved the practitioner failing to comply with section 30(1) of the Building Act 1993 in that he did not give the relevant Council the Stage 1, 2 or 3 Building Permit and other documents within seven days of those permits being issued.

The fourth allegation involved a breach of section 24(1)(a) of the Building Act 1993 in that the practitioner issued the Stage 2 Building Permit when he could not have been satisfied that the Building Work and the Stage 2 Building Permit complied with the Act, the Building (Interim) Regulations 2005 and the Building Code of Australia by operation of regulation 109 of the Regulations.

The fifth allegation involved a breach of section 44(a) of the Building Act 1993 in that the practitioner issued an occupancy permit when the building was not suitable for occupation.

The sixth allegation involved a breach of regulation 1203 of the Building (Interim) Regulations 2005, in that the practitioner failed to sufficiently list the Essential Safety Measures in the occupancy permit.

The seventh allegation involved a breach of section 38 of the Building Act in that the practitioner failed to issue a Certificate of Final Inspection upon completion of an inspection of the Building Work associated with the Stage 1 Building Permit.

Registration: CB-U 4605 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 September 2017

Project site location: Toorak

Disciplinary action taken

Costs of $4,000.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations in relation to one site in Toorak. The ground for all five allegations was section 179(1)(b) of the Building Act 1993.

The first allegation involved a breach of section 176(2A) of the Building Act 1993 in that the practitioner engaged in domestic building work under a major domestic building contract when he was not registered to carry out Domestic Building Work.

The second allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out his work in a competent manner and to a professional standard by entering into a major domestic building contract for the Domestic Building Work on behalf of a company (of which he was the sole director) when he was not registered to carry out Domestic Building Work under the Building Act 1993, contrary to section 29 of the Domestic Building Contracts Act 1995 (Vic).

The third allegation related to the practitioner failing to comply with section 136(2) of the Building Act 1993, as he engaged in Domestic Building Work as a building practitioner without the required insurance.

The fourth allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out his work in a competent manner and to a professional standard by receiving, on behalf of the Company (of which he was the sole director), a deposit of more than 5% of the contract price, contrary to section 11(1)(a) of the Domestic Building Contracts Act 1995.

The fifth allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006, in that the practitioner failed to carry out his work in a competent manner and to a professional standard by the practitioner, on behalf of the Company (of which he was the sole director), entering into a major domestic building contract for Domestic Building Work, which did not include the requirements outlined in section 31(1) of the Domestic Building Contracts Act 1995.

Registration: DB-U 12979 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 26 September 2017

Project site location: Ashburton

Disciplinary action taken

Costs of $4,305.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Ashburton.

The ground for the first allegation was section 179(1)(fb) of the Building Act 1993. This allegation involved the practitioner failing to carry out and/or failing to ensure that the company (of which the practitioner was a director), carried out the recommendations contained in an inspector’s report issued under section 48 of the Domestic Building Contracts Act 1995 in relation to the building work at the site.

The ground for the second allegation was section 179(1)(b) of the Building Act 1993. This allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 in that the practitioner, as a director of the company which carried out the building work at the site and as the registered building practitioner responsible, failed to carry out his work in a competent manner and to a professional standard by carrying out defective building work as detailed in the inspection report.

Registration: DB-U 12982 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 25 September 2017

Project site location: Ormond

Disciplinary action taken

Reprimand.
Fine of $4,274.90.
Costs of $3,229.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Ormond. The grounds for the two allegations were section 179(1)(b) of the Building Act 1993.

The first allegation involved the practitioner failing to comply with section 16(1) of the Building Act 1993 in that he carried out building work that was not in accordance with the issued building permit.

The second allegation involved a breach of regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to perform his work as a building practitioner in a competent manner and to a professional standard in that the company (of which the practitioner was the sole director) provided planning documents that had not been endorsed by the relevant Council to the RBS as part of the building permit application and the company performed building work that did not comply with Town Planning Permit Number GE/PP-20495/2008.

Registration: DB-U 26084 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 25 September 2017

Project site locations:

Truganina
Cranbourne (2 sites)
Clyde North (2 sites)

Disciplinary action taken

On appeal, VCAT orders by consent of 25/09/17 confirmed the following penalty following the Board determination of 19/05/2017:

Reprimand, Fine $14,084 & Costs $4,957.88.

Summary of grounds

Practitioner found guilty of thirteen allegations of failure to comply with regulation 1502. The conduct related to the practitioner’s company not entering into a major domestic building contract and allowing permit applications to be made, in circumstances which put the owners at risk of building work not being covered by the required insurance.

Registration: DB-U 33525 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 September 2017

Project site location: Noble Park

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,500.

Ground 2: Reprimand and penalty of $2,000.

Ground 3: Reprimand and penalty of $2,000.

Ground 4: Reprimand and penalty of $2,000.

Summary of grounds

Ground 1: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that the work is defective and fails to comply with the Building Code of Australia, the Guide to Standards and Tolerances and Australian Standards.

Ground 2: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competentmanner and to a professional standard by failing to carry out recommendations contained in an Inspector’s report prepared pursuant to Section 48 of the Domestic Building Contracts Act.

Ground 3: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard by failing to carry out recommendations contained in an Inspector’s report prepared pursuant to Section 48 of the DomesticBuilding Contracts Act.

Ground 4: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard by failing to carry out recommendations contained in an Inspector’s report prepared pursuant to Section 48 of the Domestic Building Contracts Act.

Registration: DB-U 24502 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 September 2017

Project site location: Cowes

Disciplinary action taken

Suspend the Practitioner’s registration DB-U 24502 for a period of 1 year.
Reprimand.
Costs of $4,451.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations in relation to one site in Cowes. The ground for all three allegations was section 179(1)(b) of the Building Act 1993.

The first allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out his work in a competent manner and to a professional standard by failing to adequately supervise the business functions of the company (of which he was the sole director and the only registered building practitioner), which resulted in demands for payment being made, and payments being received, prior to the completion of the relevant building stages.

The second allegation involved a breach of section 136(1) and/or (2) of the Act, in that the practitioner carried out work as a building practitioner without the required insurance.

The third allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out his work in a competent manner and to a professional standard by failing to adequately supervise and control the company's contractual procedures.

Registration: DB-U 17331 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 19 September 2017

Project site location: Ivanhoe

Disciplinary action taken

Ground 1: Reprimand and required to undertake ‘CPCCBC4016A – Administer a construction contract’.

Ground 2: Reprimand and penalty of $3,000.

Summary of grounds

Ground 1: 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 Regulations 2006 (Vic.), in that as the sole director of the company who entered into a major domestic building contract he failed to administer the terms and conditions of the contract relating to the completion of the building work at the site.

Ground 2: 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 Regulations 2006 (Vic.), in that as the sole director of the company who entered into a major domestic building contract he repeatedly failed to respond to communications from the site owner in the form of telephone calls, emails and text messages relating to incomplete and/or defective buildings works at the site.

Registration: DB-L 42567 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 September 2017

Project site location: North Melbourne

Disciplinary action taken

Ground 1: Reprimand, penalty of $2,500 and direction to undertake training unit “CPCCBC4003A – Select and prepare a construction contract” on or before 31 December 2017.

Ground 2: Reprimand, penalty of $4,000 and direction to undertake training unit “CPCCBC4003A – Select and prepare a construction contract” on or before 31 December 2017.

Ground 3: Reprimand, penalty of $2,500 and direction to undertake training unit “CPCCBC4003A – Select and prepare a construction contract” on or before 31 December 2017.

Ground 4: Reprimand and penalty of $6,000.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to ensure the company, of which he was the sole director, complied with section 31(1) of the Domestic Building Contracts Act 1995 (Vic.) in that the Company entered into a major domestic building contract for building work which was not in writing and which did not meet the requirements of sub-sections 31(1)(a) to (s).

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to ensure the company, of which he was the sole director, complied with section 11(1)(b) of the Domestic Building Contracts Act 1995 (Vic.) by only demanding and receiving under a domestic building contract for the building work a deposit which did not exceed 10% of the price before starting any work under the contract.

Ground 3: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to ensure the company, of which he was the sole director, complied with the requirements of Ministerial Order S98 of 2003 under the Building Act 1993 (Vic.) in that the Company demanded and received deposit moneys before an insurance policy had been obtained for the building work.

Ground 4: The company, of which the practitioner was the sole director, failed to comply with section 136(2) of the Building Act 1993 (Vic.) by carrying out and/or managing and/or arranging the carrying out of domestic building work under a major domestic building contract when it was not covered by the required insurance. And, by reason of the deeming provisions under the Act the contravention by the company is a contravention by the practitioner.

Registration:

DB-U 25867 / Domestic Builder (Unlimited)
CB-L 32110 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 September 2017

Disciplinary action taken

Ground 1:

To suspend Domestic Builder Unlimited Licence Number DB-U 25867 for a period of three years from 12 January 2017 or until the practitioner is discharged from bankruptcy, whichever is sooner; and
To suspend Commercial Builder Limited Licence Number CB-L 32110 for a period of three years from 12 January 2017 or until the practitioner is discharged from bankruptcy, whichever is sooner.

Summary of grounds

Ground 1: The practitioner breached Section 179(1)(o) by becoming insolvent under administration which is a ground for immediate suspension pursuant to Section 180 of the Act.

Registration: DB-U 8456 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 September 2017

Project site location: Doreen

Disciplinary action taken

Ground 1: Reprimand and penalty of $2,500.

Ground 2: Reprimand and penalty of $1,500.

Ground 3: Reprimand and penalty of $2,500.

Ground 4: Reprimand, penalty of $7,000 and Registration DB-U 8456 is suspended for a period of 18 months.

Summary of grounds

Ground 1: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he failed to complete the work in the time provided for in the contract and abandoned the site before completing the work.

Ground 2: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that in an email he encouraged the owner to apply pressure to the relevant building surveyor to issue an occupancy permit when the site was not suitable for occupation.

Ground 3: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he demanded payment for completion when the work had not reached completion stage.

Ground 4: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) 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 the work in a proper and workmanlike manner.

Registration: DB-U 12732 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 13 September 2017

Project site location: Cranbourne North

Disciplinary action taken

Cancel Practitioner’s registration DB-U 12732.
Disqualify the Practitioner from being registered for a period of 3 years.
Costs of $2,816.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Cranbourne North. The grounds for both allegations was section 179(1)(b) of the Building Act 1993.

The first allegation involved failing to comply with section 16(1) of the Act, in that as the relevant building practitioner for the building work, the practitioner carried out building work which was not in accordance with the building permit that was issued.

The second allegation involved a breach of Regulation 1502(a) of the Building Regulations 2006 (Vic.) in that the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard in that the building work was defective.

Registration: DB-U 33965 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 13 September 2017

Project site location: Malvern East

Disciplinary action taken

Fine of $4,500.00.
Costs of $1,408.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Malvern East.

The ground for inquiry in relation to the first allegation was section 179(1)(b) of the Building Act 1993. This allegation involved the practitioner failing to comply with section 16 of the Building Act 1993 in that he carried out building work that was not in accordance with the building permit that was issued and in force.

The ground for the second allegation was section 179(1)(fc) of the Building Act 1993. This allegation involved a failure of the practitioner to comply with section 37(2) of the Domestic Building Contracts Act in that he did not receive a signed consent from the building owners to vary the contract in relation to the building works.

Registration:

BS-U 1392 / Building Surveyor (Unlimited)
IN-U 1282 / Building Inspector (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 12 September 2017

Project site location: Various sites

Disciplinary action taken

On 12 September 2017, the Court of Appeal (Supreme Court) determined to dismiss BPB appeal in favor of VCAT’s decision to suspend both Registrations (BS-U 1392 & IN-U 1282) until 18 November 2017.
Fine $30,000.
Costs $64,182.30.
Reprimand.

Summary of grounds

VCAT allegation findings TBC.

Registration: BS-L 38404 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 September 2017

Project site location: Morwell

Disciplinary action taken

Ground 1: A penalty of $750.

Ground 2: Reprimand and penalty of $1,250.

Ground 3: Reprimand.

Summary of grounds

Ground 1: The practitioner breached Section 24(1)(a) of the Building Act 1993 by issuing a building permit when she could not have been satisfied that the building work and the building permit would comply with the Building Act 1993 and the Building Regulations 2006.

Ground 2: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard by failing to take enforcement action with respect to non-compliance and failing to undertake a final inspection.

Ground 3: The practitioner breached Regulation 322(b)(ii) of the Building Regulations 2006 by failing to advise the VBA within 7 days after the end of the month that a building permit had lapsed.

Registration: DB-U 23317 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 September 2017

Project site locations:

Port Melbourne (2 sites)
Alphington
South Yarra
Elwood

Disciplinary action taken

Ground 1: A penalty of $500.

Ground 2: A penalty of $1,750.

Ground 3: A penalty of $2,000.

Ground 4:

A reprimand; and
A penalty of $3,000.

Ground 5: A penalty of $1,500.

Ground 6:

A reprimand
Required to undertake ‘CPCCBC4009B – Apply legal requirements to building and construction project’ training unit; and
A penalty of $3,000.

Ground 7: A penalty of $3,000.

Summary of grounds

Ground 1: The practitioner contravened section 33(1) of the Act by failing to notify the relevant building surveyor without delay after completion of the mandatory notification stage of that work, namely the inspection for final certificate.

Ground 2: The practitioner's company (the Company) contravened section 16(1) of the Act in that it caused, permitted, directed or procured building work to be carried out associated with partial demolition of the internal rear section of the dwelling at the site when a building permit in respect of that work had not been issued and that work was not exempted by or under the Act or the Building Regulations 2006. And by reason of the operation of the deeming provision in the Act that contravention of the Company was a contravention the practitioner.

Ground 3: The practitioner failed to carry out his work as a registered building practitioner in a competent manner and to a professional standard in breach of regulation 1502(a) of the Building Regulations 2006 in that he carried out, caused, permitted, directed or procured defective work.

Ground 4: The practitioner failed to carry out his work as a registered building practitioner in a competent manner and to a professional standard in breach of regulation 1502(a) of the Building Regulations 2006 in that he failed to remedy defective works in a timely manner and as the director of the Company failed to direct and ensure that the Company fulfilled its obligations under an agreement with the site owner in a timely manner.

Ground 5: The Company failed to comply with section 16(1) of the Act in that building work was not carried out in accordance with the relevant building permits. And by reason of the operation of the deeming provisions in the Act that contravention of the Company was a contravention by the practitioner.

Ground 6: The practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard and therefore failed to comply with regulation 1502(a) of the Building Regulations 2006 in that he, on behalf of the Company, made a misleading statement that sub-contractors had been paid for their works which had been completed at the site.

Ground 7: The practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard and therefore failed to comply with regulation 1502(a) of the Building Regulations 2006 in that he:

failed to ensure the Company carried out the building work in accordance with the engineer’s specifications and structural drawings which were incorporated in the building permit; and
on behalf of the Company, failed to ensure practical completion for the building work was reached within a reasonable period of the date stipulated in the contract.

Registration: DB-U 15473 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 September 2017

Project site location: Craigieburn

Disciplinary action taken

Reprimand & fine of $12,214.00.
Practitioner is to undertake and complete a specified course of training consisting of 3 units/modules of the Contracts and Legal Obligations Course by 30 March 2018.
Costs of $10,102.00.

Ground 1: Reprimand.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he undertook defective work.

Ground 2: The practitioner breached Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard by failing to rectify defects in accordance with a VBA Inspection Report within the four week period recommended therein and/or at all.

Registration: DB-U 23979 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 23 August 2017

Project site location: North Dandenong

Disciplinary action taken

Reprimand.
Fine $3,500.00.
Costs $2,541.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations.

Ground 1: The practitioner was found to have 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 he constructed a balustrade barrier at the site which failed to comply with P2.5.2 of the BCA 2011 (which, by virtue of Regulation 109 forms part of the Regulations) as that barrier was not of the requisite strength and rigidity to withstand the foreseeable impact of people and the static pressure of people pressing against it.

Registration: DB-U 3560 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 3 August 2017

Project site location: Heatherton

Disciplinary action taken

Reprimand.

Fine $15,698.43.

Costs $4,140.00.

Provide the VBA with evidence formally demonstrating satisfactory completion of the accredited course in ‘Contracts & Legal Obligation’ by 31 December 2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations.

The first was in contravention with section 179(1)(fc) of the Building Act 1993 in that, as a relevant building practitioner for the renovation of an existing dwelling, the practitioner entered into a major domestic building contract that did not comply with the requirements of section 31(1) of the Domestic Building Contracts Act 1995.

The second was in contravention with section 179(1)(b) of the Building Act 1993 in that the practitioner did not comply with the requirements of section 16(1) of the Building Act 1993, in that as a relevant building practitioner for the renovation of an existing dwelling, the practitioner carried out building work at the site when a Building Permit in respect of that work had not been issued.

The third was in contravention with section 179(1)(b) of the Building Act 1993 in that the practitioner did not comply with the requirements of section 136(2) of the Building Act 1993, in that as a relevant building practitioner for the renovation of an existing dwelling, the practitioner carried out building work at the site under a major domestic building contract without the required insurance.

Registration: DB-U 29013 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 2 August 2017

Project site location: Meadow Heights

Disciplinary action taken

Fine $15,857.00.
Costs $7151.00.
Cancel Registration DB-U 29013.
Disqualify the Practitioner from being registered in any category for 3 years.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention with section 179(1)(b) of the Building Act 1993, by failing to comply with section 246 of the Act in that the practitioner knowingly provided false or misleading information to the Victorian Building Authority, being a body carrying out a function under the Act.

On the second allegation the practitioner has been found guilty of unprofessional conduct under section 179(1)(a) of the Building Act 1993 in that the practitioner fraudulently created a document purporting to appoint another practitioner as the relevant building surveyor.

Registration: DP-AD 1044 / Building Design (Architectural)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 July 2017

Project site locations:

Chirnside Park
Mooroolbark
Mount Eliza

Disciplinary action taken

Reprimand.

Fine of $2000.

Costs $5,340.00.

Undertaking confirming the practitioner will produce a Certificate of Attendance (for the BDAV training course: “Improving Building Permit Documentation”) within 14 days, as requested in the Board's previous Notice of Decision; otherwise attend the course (providing the VBA with formal attendance documentation) within three months (by October 28, 2017).

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations. The allegations were in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the architectural drawings prepared by the practitioner for the building permit applications were deficient.

Registration: DB-U 37689 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 July 2017

Project site location: Box Hill

Disciplinary action taken

Ground 1: Reprimand and penalty of $5,000.

Ground 2: Reprimand and penalty of $1,500.

Summary of grounds

Ground 1: 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 heundertook defective building work.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard,by failing to rectify defects in accordance with an Inspection report within the four week period directed therein and/or at all.

Registration: BS-U 13866 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 July 2017

Project site location: Newham

Disciplinary action taken

Ground 1: Reprimand and penalty of $11,000 and imposed condition on registration not to issue any new building permits after 30/06/2017.

Ground 2: Reprimand and penalty of $11,000 and imposed condition on registration not to issue any new building permits after 30/06/2017.

Summary of grounds

Ground 1: The practitioner contravened section 24(1)(a) of the Building Act 1993 (Vic.) 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 Building Regulations 2006 (Vic.) as the drawings which accompanied the application did not demonstrate compliance with the requirements of Regulation 302.

Ground 2: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, in that, as the appointed relevant building surveyor, he approved the final inspection when the works were not compliant with the Regulations and were defective.

Registration: DB-U 23854 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 July 2017

Project site location: Malvern

Disciplinary action taken

Ground 1: Reprimand and penalty of $500.

Ground 2: Reprimand and penalty of $1,000.

Ground 3: Reprimand and penalty of $2,000.

Summary of grounds

Ground 1: The practitioner contravened regulation 317 of the Building Regulations 2006 (Vic.) in that he did not take all reasonable steps to ensure that one set of the approved plans relating to the relevant building permits were available for inspection at the site while building work for which the permits had issued was in progress.

Ground 2: The practitioner contravened section 16(1) of the Building Act 1993 (Vic.) in that he carried out or procured, directed or caused to be carried out, building work when that construction was not exempted by or under the Act nor the regulations.

Ground 3: The practitioner contravened section 16(1) of the Building Act 1993 (Vic.) in that he carried out, procured, directed or caused to be carried out, building work which was not in accordance with the relevant building permit.

Registration:

CB-U 18197 / Commercial Builder (Unlimited)
DB-U 18200 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 June 2017

Project site location: Melbourne

Disciplinary action taken

Ground 1: Penalty of $14,761.

Summary of grounds

Ground 1: The Company (of which the practitioner was one of its directors) contravened section 16(1) of the Building Act 1993 in that it caused, permitted, directed or procured building work which was not in accordance with the relevant building permit insofar as the installation or construction of a proprietary balustrade system was not in accordance with the manufacturer’s specification and recommendation as stipulated in the relevant building permit. And, by reason of the operation of section 179B of the Act or alternatively by operation of section 179A of the Act, that contravention of the Company was a contravention by the practitioner.

Registration:

CB-U 3432 / Commercial Builder (Unlimited)
DB-U 14357 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 29 June 2017

Project site locations:

Cranbourne East
Hampton Park

Disciplinary action taken

Reprimand.
Cancel registrations CB-U 3432 and DB-U 14357.
Disqualify the practitioner for 3 years.
Costs $3,675.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner permitted the use of his building registration for the construction of dwellings when he had no intention of being responsible for the building work.

The second was in contravention with section 179(1)(d) of the Building Act 1993 in that the practitioner had engaged in a pattern of conduct that shows he is not a fit and proper person to practice as a building practitioner in that the practitioner permitted the use of their building registration for the construction of dwellings when he had no intention of being responsible for the building work.

Registration:

BS-U 21569 / Building Surveyor (Unlimited)
IN-L 21795 / Building Inspector (Limited)
IN-U 25860 / Building Inspector (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 June 2017

Project site location: Mount Helen

Disciplinary action taken

Costs $2000.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention with regulation 313(3) of the Building Regulations 2006 in that the practitioner issued a building permit which did not contain the six-month time limit for completion of the building work from the date of commencement of the building work in accordance with Regulation 315.

The second was in contravention with section 24(1)(a) of the Building Act 1993 in that the practitioner 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.

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

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2017

Project site location: Greenvale

Disciplinary action taken

Ground 1: Reprimand and penalty of $6,000 and a requirement to undertake 6 CPD within 12 months.

Summary of grounds

Ground 1: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 (Vic) in that he failed to take enforcement action in timely manner.

Registration: DB-U 12812 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 23 June 2017

Project site location: Dandenong

Disciplinary action taken

On appeal, VCAT orders by consent of 23/06/17 confirmed the following penalty following the Board determination of 18/10/2016:

Reprimand
Fine $5000
Costs $2,155.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site at Dandenong.

The practitioner is a director of a company that was engaged to construct a residential dwelling at the site. The company had engaged a subcontractor to undertake excavation work at the site.

The practitioner was found guilty of contravening section 16(1) of the Building Act 1993 as the excavation work was performed prior to a building permit being issued.

Registration: BD-L 1086 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 23 June 2017

Project site locations:

Rye
Mount Martha

Disciplinary action taken

Ground 1: Reprimand and penalty of $6,000.

Ground 2: Reprimand and penalty of $7,500.

Summary of grounds

Ground 1: The practitioner contravened section 16(1) of the Building Act 1993 in that he carried out, caused, permitted or procured the demolition of an existing dwelling in Rye when a building permit had not been issued and was not in force with respect to that work.

Ground 3: Penalty of $600.

Ground 4: Penalty of $600.

Ground 5: Penalty of $800.

Ground 6: Penalty of $800.

Summary of grounds

Ground 1: The practitioner breached section 24(1)(a) of the Building Act 1993 by issuing a building permit when he could not have been satisfied that the building work would comply with the Act and the Regulations.

Ground 2: The practitioner breached section 24(1)(c) of the Building Act 1993 by issuing a building permit when he could have been satisfied that any relevant planning permit or other prescribed approval has been obtained.

Ground 3: The practitioner breached section 30(1) of the Building Act 1993 by failing to give the council a copy of the building permit and the architectural drawings within 7 days of issuing the building permit.

Ground 4: The practitioner breached section 80 of the Building Act 1993 by failing to notify the relevant council in writing of the appointment and the building or building work in respect of which he was appointed within 7 days.

Ground 5: The practitioner breached section 24A(1) of the Building Act 1993 by issuing a building permit for building work that was not domestic building work when he could not have been satisfied that each practitioner engaged in the building work was registered under Part 11.

Ground 6: The practitioner breached Regulation 1502(a) of the Regulations by issuing a building permit which failed to comply with Regulations 313(3)(a), 315(1)(a), 315(1)(b).

Registration: DB-U 3636 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 22 June 2017

Project site location: Balwyn North

Disciplinary action taken

Reprimand
Fine $1,500.00
Costs $4,305.00

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner’s work was defective and not of a sufficient standard.

The second was in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner demanded and received payment to which he was not entitled because he had not completed the work to which it related.

Registration: IN-U 26557 / Building Inspector (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 June 2017

Project site location: Brighton East

Disciplinary action taken

Reprimand
Fine $1,408.40
Costs $10,119.00

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation. This was in contravention of regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner approved the mandatory frame stage inspection when it do not comply with the building permit and associated engineer’s design.

Registration:

DB-U 33525 / Domestic Builder (Unlimited)
CB-L 31194 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 June 2017

Project site location: Dandenong

Disciplinary action taken

Fine $2,986.25
Costs $4,395.00

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations.

The first was in contravention of section 88(1) of the Building Act 1993 in that Vansan Constructions Pty Ltd, a company of which the practitioner was a sole director, carried out building work, being excavation for a basement which gave rise to the requirement to carry out protection work at a time when the adjoining owners had not agreed and were not deemed to have agreed to the protection work.

The second was in contravention of section 93(1) of the Building Act 1993 in that Vansan Constructions commenced protection work in respect to adjoining properties in circumstances where no insurance against damage by protection work to adjoining properties had been obtained.

The third was in contravention of section 93(3) of the Building Act 1993 in that Vansan Constructions commenced protection work in respect to adjoining properties without lodging with adjoining owners a copy of insurance against damage by the protection work to adjoining properties.

Registration: DB-L 1672 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2017

Project site location: Port Melbourne

Disciplinary action taken

Ground 1: Penalty of $1,000 and required to undertake Introduction to Low Rise Contract Administration Course.

Ground 2: 12 month suspension of registration.

Ground 3: 12 month suspension of registration.

Ground 4: Reprimand.

Ground 5: Penalty of $3,000.

Ground 6: Penalty of $3,000.

Summary of grounds

Ground 1: The practitioner failed to comply with Section 31(1) of the Domestic Building Contracts Act by entering into a major domestic building contract which did not meet the requirements of Section 31(1) and Reg12(a) and (b) of the Domestic Building Contract Regulations.

Ground 2: The practitioner failed to comply with Section 176(2A) of the Building Act 1993 (Vic.) by carrying out domestic building work when not registered under Part 11 of the Act in the appropriate class of domestic builder to do so.

Ground 3: The practitioner failed to comply with Section 136(2) of the Building Act by engaging in domestic building work under a major domestic building contract without the required insurance.

Ground 4: The practitioner failed to comply with Section 38(5) of the Domestic Building Contracts Act by giving effect to owner requested variations under a major domestic building contract without obtaining a signed variation request from the owner.

Ground 5: The practitioner breached Regulation 1502(a) by not undertaking the building works in accordance with the approved plans, by abandoning the site and failing to rectify defective and incomplete works.

Ground 6: The practitioner breached section 176(1A), subsection (b) by holding himself out as being registered under the Act as a commercial builder when he did not hold current registration as a commercial builder.

Registration: BS-U 1078 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 June 2017

Project site location: Gembrook

Disciplinary action taken

Ground 2: Reprimand.

Ground 3: Penalty of $1,200.

Summary of grounds

Ground 2: The practitioner failed to comply with Section 24(1)(d) of the Building Act 1993 by issuing a building permit for the construction of a new dwelling which was not consistent with the planning permit which had been obtained.

Ground 3: 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 Regulations 2006.

Registration: BS-U 1350 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 13 June 2017

Project site location: Alexandra

Disciplinary action taken

Suspension of registration for 3 months.
Imposed condition to stop issuing building permits.
Costs $8,979.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention of section 24(1)(a) of the Building Act 1993 in that the practitioner issued a building permit when you could not have been reasonably satisfied that the building work and the building permit would comply with the Act and the Building Regulations 2006.

The second was in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner failed to require the provision of protection work of the adjoining property under regulation 602 of the Regulations.

Registration: DB-U 20754 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 7 June 2017

Project site location: Seabrook

Disciplinary action taken

Reprimand
Fine $5,000
Costs $4,245.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention of section 48 of the Domestic Building Contracts Act 1995 in that the practitioner failed to carry out a recommendation contained in an inspector's report.

The second was in contravention of regulation 1502 of the Building Regulations 2006 in that the practitioner failed to carry out work as a building practitioner in a competent and professional manner in that the practitioner failed to properly waterproof an external wall.

Registration: DB-M 37115 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 5 June 2017

Project site location: Elwood

Disciplinary action taken

Ground 1: Reprimand and penalty of $800.

Ground 2: Reprimand and penalty of $600.

Ground 3: Reprimand and penalty of $600.

Ground 4: Reprimand and penalty of $1,500.

Ground 5: Reprimand.

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(a)(i) of the Building Act
The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he demanded, or caused to be demanded, payment for frame stage prior to the completion of frame stage having been reached.

Ground 2: Disciplinary Action under Section 179(1)(a)(i) of the Building Act
The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he demanded, or caused to be demanded, payment for lock-up stage prior to the completion of lock-up stage having been reached.

Ground 3: Disciplinary Action under Section 179(1)(a)(i) of the Building Act
The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out work as a building practitioner in a competent manner and to a professional standard in that he demanded, or caused to be demanded, payment for fixing stage prior to the completion of fixing stage having been reached.

Ground 4: Disciplinary Action under Section 179(1)(a)(i) of the Building Act
The practitioner was found to have contravened section 136(2) of the Building Act 1993 (Vic.) by carrying out, managing and/or arranging 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 stated in the contract.

Ground 5: Disciplinary Action under Section 179(1)(a)(i) of the Building Act
The practitioner was found to have contravened section 16(1) of the Building Act 1993 (Vic), in that he caused, permitted, directed or procured building work to be carried out which was not in accordance with the building permit issued, namely that in contravention of a condition of the building permit, the swimming pool was filled with water for one day prior to a final inspection certificate being issued.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 25 May 2017

Project site location: Toorak

Disciplinary action taken

Reprimand
Fine $433.08
Costs $3,983.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation. This was in contravention of section 24(1)(b) of the Building Act 1993 in that the practitioner issued a building permit when he could not have been satisfied that the report and consent of the reporting authority had been obtained, as required by the Building Regulations 2006.

Registration: DB-U 3434 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 May 2017

Project site location: Mornington

Disciplinary action taken

Ground 1: Fine of $4,000.00.

Ground 2: Fine of $4,000.00.

Summary of grounds

Ground 1: The practitioner breached section 16(1) of the Building Act 1993 in that he caused, permitted, directed or procured building work to be carried out associated with the construction of alterations and additions to an existing dwelling (the work), when a building permit in respect of the work had not been issued and was not in force.

Ground 2: The practitioner failed to comply with section 221D(1) of the Building Act 1993 in that as the relevant building practitioner for the construction of alterations and additions to an existing dwelling at Victoria, he carried out plumbing work when he was not licensed or registered by the Authority to carry out work of that class or type.

Registration: DB-U 13706 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 11 May 2017

Project site location: Doncaster

Disciplinary action taken

Reprimand.
Fine $2,454.12.
Complete three units of the Certificate IV in Building & Construction (Contracts & Legal Obligation Modules) by 1st January 2018.
Costs $4,760.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first was in contravention of section 16 of the Building Act 1993 as the practitioner carried out building work without a building permit.

The second was in contravention of regulation 1502(a) of the Building Regulations 2006 as the practitioner failed to ensure that the company he was the sole director for complied with section 40(3) of the Domestic Building Contracts Act 1995.

Registration:

DB-U 23924 / Domestic Builder (Unlimited)
CB-U 36287 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 8 May 2017

Project site location: South Yarra

Disciplinary action taken

Reprimand
Fine $5,375.25
Costs $4,881.60.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation. This was in contravention of section 16 of the Building Act 1993 as the practitioner carried out building work without a building permit.

Registration: BS-U 16734 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 5 May 2017

Project site location: Ringwood North

Disciplinary action taken

Ground 1: Reprimand and penalty of $4,000.

Ground 2: Reprimand and penalty of $2,500.

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(a)(i) of the Building Act:
The practitioner was found to have contravened section 24(1)(b) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he issued a building permit for works on land designated as effected by uncontrolled over land drainage when he could not have been satisfied that the consent of the reporting authority had been obtained in accordance with Regulation 806(1) of the Building Regulations 2006 (Vic.) and Clauses 4(1) and 7(1) of Schedule 2 of the Act.

Ground 2: Disciplinary Action under Section 179(1)(a)(i) of the Building Act:
The practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard, in that, as the appointed relevant building surveyor, he issued a building permit with a specified cost for the works when the cost of the work was substantially higher than the amount specified in the application for building permit.

Registration: DB-L 19809 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 3 May 2017

Project site location: Hoppers Crossing

Disciplinary action taken

Reprimand
Suspension of registration (DB-L 19809) for 3 months (from 1/6/17)
Fine $1,476.10
Costs $7,102.00
Completion of specific modules of the Cert IV in Building & Construction by 3rd November 2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations.

The first allegation was in contravention of section 136(2) of the Building Act 1993 in that the practitioner carried out the building work under a major domestic building contract when he was not covered by the required insurance.

The second allegation was in contravention of section 25 of the Domestic Building Contracts Act 1995 in that the company that the practitioner was the sole director for carried out domestic building works with a cost greater than $5,000, without providing the site owner with a major domestic building contract within five days of it being entered into.

The third allegation was in contravention of section 30 of the Domestic Building Contracts Act 1995 in that the company that the practitioner was the sole director for entered into a major domestic building contract and carried out domestic building works at the site associated with the alteration of dwelling footings without first obtaining the required site specific foundation data.

The fourth allegation was in contravention with section 31 of the Domestic Building Contracts Act 1995 in that the company that the practitioner was the sole director for carried out domestic building works at a dwelling located at the site with a cost of works greater than $5,000 without providing the site owner with a major domestic building contract containing the details required by section 31 of the DBC Act.

Registration:

DB-L 22804 / Domestic Builder (Limited)
DB-U 12721 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 2 May 2017

Project site location: Carlton North

Disciplinary action taken

Reprimand
Fine $2,214.15
Costs $4,395.00
Successful completion of three units of study of the Cert. IV in Building & Construction by 1st January 2018.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of seven allegations.

Three of the allegations were in contravention of regulation 1502(a) of the Building Regulations 2006 in that he:

failed to carry out his work in a competent manner and to a professional standard
facilitated parties entering into a major domestic building contract for the building work, which did not include certain information required by section 31(1) of the Domestic Building Contracts Act 1995
facilitated a company receiving a deposit of more than 5% of the contract price, contrary to section 11(1)(a) of the Domestic Building Contracts Act 1995; and
demanded payment before it was due, contrary to the payment terms under the contract for the building works.

The other four contravened sections 136(2), 176(2A), 221(1) and 248(1) of the Building Act 1993 in that the practitioner:

engaged in domestic building work as a building practitioner without the required insurance
engaged in domestic building work of a kind that can only be done by a person registered under the Act when he was not registered in the appropriate category or class
submitted a building permit application without the written authorisation of the owner of the site; and
engaged in plumbing work of a kind that can only be done by a person registered under the Act when he was not registered in the appropriate category or class.

Registration:

BS-U 1018 / Building Surveyor (Unlimited)
IN-U 1015 / Building Inspector (Unlimited)
EC 1516 / Engineer (Civil)
QS 1061 / Quantity Surveyor
DP-SD 27 / Building Design (Services)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 1 May 2017

Project site locations:

Springvale
Noble Park
Black Rock
Hampton Park

Disciplinary action taken

Reprimand
Fine $14,761.00
Costs $20,415.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of eleven allegations, spreading across eight sites in total, four of which being at Springvale, two at Noble Park, one at Black Rock and one at Hampton Park.

Six of the allegations were in contravention of section 24(1)(a) of the Building Act 1993, where the practitioner issued a building permit for each of the six sites at Noble Park and Springvale, however he could not have been satisfied that the building work and building permit would comply with the Act and the Building Regulations 2006.

The other five allegations were in relation to the sites at Black Rock and at Hampton Park. The first three of these allegations was in contravention with section 24(1)(a) in that the practitioner issued a building permit at sites in Black Rock and Hampton Park when he could not be satisfied that the building work and the building permit will comply with the Act and the Building Regulations 2006.

The fourth allegation is in contravention with regulation 1502(a) of the Building Regulations 2006 in that he issued a building permit at the site at Black Rock to an owner-builder inconsistent with the building permit application.

The fifth allegation was in contravention of section 24(1)(b) of the Building Act 1993 in that the practitioner issued a building permit for the site at Hampton Park when he failed to obtain the report and consent of the council as required by Regulation 610(2) of the Building Regulations 2006.

Registration: DB-U 29206 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 April 2017

Project site location: Gembrook

Disciplinary action taken

Ground 1: Fine of $4,000.00.

Ground 2: Fine of $1,000.00.

Summary of grounds

Ground 1: The practitioner failed to carry out work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2001 (Vic) in that he carried out building work that was defective.

Ground 3: Reprimand and penalty of $1,250.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations in that he caused, permitted, counselled or procured works to be carried out at Unit 1 which:

did not comply with the Building Code of Australia (BCA) and
were defective.

Ground 2: The practitioner contravened regulation 1502(a) of the Building Regulations in that he caused, permitted, counselled or procured works to be carried out at Unit 2 which:

did not comply with the BCA and
were defective.

Ground 3: The practitioner contravened regulation 1502(a) of the Building Regulations in that he caused, permitted, counselled or procured works to be carried out at Unit 3 which:

did not comply with the BCA and
were defective.

Registration: BS-U 1588 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 12 April 2017

Project site location: Preston

Disciplinary action taken

Reprimand.
Additional three months suspension of registration with existing limiting conditions.
Costs $4,305.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to a site in Preston.

The first allegation was in contravention of section 30(1) of the Building Act 1993, as the practitioner failed to provide copies of the building permit, plans and other documents lodged with the permit application within 7 days of issuing a building permit.

The second allegation was in contravention of section 24A(3) of the Building Act 1993 as the practitioner issued a building permit when he could not be satisfied that the owner had been issued with a certificate of consent for the work.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 11 April 2017

Project site location: South Yarra

Disciplinary action taken

Fine $1,000
Costs $1,075

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation relating to the building work in South Yarra.

The allegation was in contravention of section 24(1)(b) of the Building Act 1993 in that the practitioner issued a building permit when he could not be satisfied that the consent of a reporting authority required under regulation 604 of the Building Regulations 2006 had been obtained.

Registration: DB-U 19762 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 7 April 2017

Project site location: Sunshine

Disciplinary action taken

Reprimand
Fine $2,000
Costs $2,321.60.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations relating to a site in Sunshine.

The first allegation was in contravention of section 31(a) of the Domestic Building Contracts Act 1995 (DBCA), in that the Quotation and Contract the practitioner provided did not contain eleven of the required items as stated in the DBCA.

The second allegation was in contravention with regulation 1502(a) of the Building Regulations 2006 in that the practitioner did not carry out his work in a competent manner or to a professional standard following findings in the inspection report in September 2013.

The third allegation was in contravention with section 48 of the DBCA in that the practitioner failed to rectify the defects listed in the VBA Inspection Report from September 2013.

Registration: DB-U 19685 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 April 2017

Project site location: Brighton East

Disciplinary action taken

Ground 1: Reprimand, penalty of $3,000 and ordered to undertake nationally recognised course CPCCBC40098.

Ground 2: Reprimand, registration suspended for two months and ordered to undertake nationally recognised course CPCCBC40098.

Ground 3: Reprimand, penalty of $2,000 and ordered to undertake nationally recognised course CPCCBC40098.

Ground 4: Reprimand, registration suspended for two months and ordered to undertake nationally recognised course CPCCBC40098.

Ground 5: Reprimand, suspended for two months and ordered to undertake nationally recognised course CPCCBC40098.

Summary of grounds

Ground 1: The practitioner contravened sub-section 31(1) of the Domestic Building Contracts Act 1995 (Vic.) in that he entered into a major domestic building contract with the owner of the site when the contract did not meet the requirements of sub-sections 31(1)(b), (c), (e), (f), (g), (h), (i), (l), (n), (o), (q), (r) and (s).

Ground 2: The practitioner contravened sub-section 136(2) of the Act in that he managed or arranged the carrying out of domestic building work under a major domestic building contract with the owner of the site when he was not covered by the required insurance.

Ground 3: The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (Vic.) in that in relation to an insurable domestic building contract for building work to be carried out at the site, the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard as he demanded and received deposit moneys before an insurance policy had been issued for the building work, contrary to the requirements of Ministerial Order No S98 of 2003.

Ground 4: The Practitioner contravened sub-section 40(3) of the Domestic Building Contracts Act 1995 (Vic.) in that he demanded and received under a major domestic building contract which was not of a type listed in column 1 of the Table in sub-section 40(1) of the Act, an amount or instalment which was not directly related to the progress of the building work being carried out under that contract.

Ground 5: The practitioner contravened sub-section 40(3) of the Domestic Building Contracts Act 1995 (Vic.) in that he demanded and received under a major domestic building contract which was not of a type listed in column 1 of the Table in sub-section 40(1) of the Act, an amount or instalment which was not directly related to the progress of the building work being carried out under that contract.

Registration:

DB-U 3685 / Domestic Builder (Unlimited)
CB-U 1066 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 7 April 2017

Project site location: Lilydale

Disciplinary action taken

Reprimand
Fine $6,218.40
Costs $2,910.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation relating to the construction of a dwelling in Lilydale.

The allegation was in contravention of regulation 1502(a) of the Building Regulations 2006 in that the practitioner failed to ensure that Infantino Constructions Pty Ltd, a company of which he was a sole director, rectified defective work identified in an inspector's report to a satisfactory standard and in a timely manner.

Registration: CB-L 33562 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 April 2017

Project site location: Melbourne

Disciplinary action taken

Reprimand
Fine $11,659.50
Costs $4,852.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site at Little Collins Street in Melbourne.

The allegation was in relation to allowing an unregistered practitioner to use the practitioner’s registration details to enable that person to obtain a building permit and carry out alterations and additions to a dwelling in exchange for payment. The practitioner was therefore found to be guilty of unprofessional conduct.

Registration:

DB-U 15026 / Domestic Builder (Unlimited)
CB-L 41166 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 April 2017

Project site location: Toorak

Disciplinary action taken

Reprimand
Costs $4258.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to a site in Toorak.

The first allegation was in contravention of section 16(1) of the Building Act 1993 in that the practitioner carried out building work at the site when no building permit had been issued in respect of that work.

The second allegation was in contravention of section 16(1) of the Building Act 1993 in that the practitioner carried out building work at the site which was not in accordance with the plans approved in a building permit.

Registration: BS-U 25753 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 5 April 2017

Project site location: Gladstone Park

Disciplinary action taken

Fine $500
Costs $2,858.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Gladstone Park.

The practitioner failed to properly inspect the building work at the site prior to issuing a Certificate of Final Inspection in failing to notice the strutting beam had no lateral support and failed to carry out his work as a building practitioner in a competent manner and to a professional manner in contravention of regulation 1502(a) of the Building Regulations 2006.

Registration:

BS-U 1076 / Building Surveyor (Unlimited)
IN-U 1066 / Building Inspector (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 5 April 2017

Project site location: Melbourne

Disciplinary action taken

Costs $4,920.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site at Queen Street in Melbourne.

The allegation contravened section 79(1)(b) of the Building Act 1993 when the practitioner accepted an appointment as the relevant building surveyor for the building work at the site yet he had already been engaged by the body which prepared the design of the building work, by giving them written advice and providing a fee proposal.

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

Disciplinary proceeding: VBA show cause process

Decision date: 4 April 2017

Project site location: Diamond Creek

Disciplinary action taken

Ground 1:

A fine of $4,500.00
The following condition is to be imposed on Building Surveyor (Unlimited) licence with registration number BS-U 14435: “The practitioner may not issue any new Building Permits which involve buildings which are attached unless and until he obtains a Graduate Certificate in Performance Based Building and Fire Codes” from Victoria University of Technology or a qualification that the VBA considers is equivalent and provides evidence of the same to the VBA.

Ground 2:

A fine of $6,000.00.
The practitioner is to provide the VBA with updated inspection checklists/processes for all different class type buildings and, in particular, domestic properties that share a wall, such as townhouses or apartments.

Ground 3: Fine of $5,000.00.

Ground 4: Fine of $10,000.00.

Summary of grounds

Ground 1: The practitioner failed to comply with Section 24(1)(a) of the Building Act 1993 in that as the appointed relevant building surveyor he issued a series of 18 staged building permits (the permits) for the construction of attached townhouses when he could not have been satisfied that the building work and the permits will comply with the Building Act 1993 and the Building Regulations 2006 in that they failed to include enough details to determine how the fire separation rating between the units was going to be achieved.

Ground 2: The practitioner was negligent in a particular manner in that he failed to ascertain as envisaged by Regulation 901 whether or not the fire separation system used by the builder was compliant with the requirements of the manufacturer, the permit or BCA 3.7.1.8 in circumstances where he was under a duty to do so as the site involved multiple attached townhouses, where fire separation compliance and personal safety were paramount, and the plans contained insufficient provision as to how a fire rating of 60/60/60 should be achieved.

Ground 3: 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 Regulations 2006, in that as the appointed relevant building surveyor for the construction of new attached townhouses he failed to take timely and appropriate action in regards to non-compliant firewalls between the townhouses.

Ground 4: 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 Regulations 2006, in that as the appointed relevant building surveyor for the construction of new attached townhouses he failed to comply with a Section 205M direction from the Victorian Building Authority.

Registration: BS-U 18530 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 4 April 2017

Project site location: Dandenong

Disciplinary action taken

Reprimand.
Provide specific undertaking that he only accept appointments to act as the RBS, and issue building permits, in relation to buildings in class 1 or class 10 and no others by 30/04/2017.
Fine $9,664.20.
Costs $19,201.50.

Summary of grounds

Practitioner found guilty of four allegations of breach of section 179(1)(b) in relation to a construction of a five storey apartment building of classes 2 and 7a.

The first allegation was a breach of s24(1)(a) of the Act for issuing the building permit when being unable to be satisfied that the building work would comply with s109 of the Building Act with reference to the Building Code of Australia requirements, such as fire hydrant and fire hose reel installations.

The second allegation was a breach of s24(1)(b) of the Act for not being satisfied that a consent of the Chief Fire Officer of the CFA had been obtained prior to the issuing of the building permit.

The Board also found the practitioner had failed to perform work in a competent and professional manner in breach of Reg 1502 of the Building Regulations 2006 for supplying the builder a document which falsely represented a fire engineering report as the document had not been prepared by an appropriately qualified person and was not suited to the building work at the subject site.

Also the practitioner breached s44(a) of the Act by issuing an occupancy permit when the building was not suitable for occupation.

Registration: BS-U 18530 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 4 April 2017

Project site location: Dandenong

Disciplinary action taken

Reprimand
Fine $7,167.00
Costs $8,602.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of 5 allegations in relation to a site in Dandenong.

The practitioner was found to breach section 179(1)(b) of the Building Act 1993 in that he failed to carry out the work as a building practitioner in a competent manner and to a professional standard, as the relevant building surveyor on the conversion of a hall to a shared accommodation building he failed to correctly classify the structure in accordance to the Building Regulations 2006.

The practitioner was also found to fail to have appropriate measures in place to ensure that the building permit and the approved documentation and plans complied with the Building Act 1993 and the Building Regulations 2006, namely that there were no dimensions of the building or internal rooms, no elevations or cross section, no indication of ceiling height and the construction of a ceiling and it had not been stamped as an approved drawing.

The practitioner was also found to have breached section 179(1)(a) in that he failed to comply with regulation 1502 (a) of the Building Regulations 2006 whereby he should not have issued an occupancy permit in circumstances where he could not have been satisfied that all emergency lights and smoke alarms had been installed as required by the approved building permit plans. There were no emergency lights/evacuation lights or smoke alarms in the shared corridor as shown on the floor plan.

The practitioner failed to comply with section 73 of the Building Act 1993 in that he failed to provide the council a copy of the amended occupancy permit within 7 days.

In relation to the hall conversion, the practitioner failed to comply with regulation 1502 (a) of the Building Regulations 2006 in that he accepted an estimated cost of building work when he knew or ought to have known that it was significantly less that the actual cost.

Registration: DB-U 4956 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 March 2017

Project site location: Keysborough

Project site location: Attwood

Disciplinary action taken

Ground 1: Reprimand.

Ground 2: Reprimand and penalty of $500.

Ground 3: Reprimand and penalty of $250.

Ground 4: Reprimand.

Ground 5: Reprimand and penalty of $250.

Summary of grounds

Ground 1: The practitioner contravened section 80 of the Act by failing, within seven days after accepting his appointment as the relevant building surveyor under Part 6 of the Act, to notify (or cause the Company to notify) the Council in writing of the appointment and the building work in respect of which he was appointed.

Ground 2: The practitioner contravened section 30(1) of the Act by failing, within seven days after issuing the Stage 1 Building Permit, to give (or cause the Company of which he was the director to give) the Council a copy of that permit together with the plans and other documents lodged with the First Building Permit Application.

Ground 3: The practitioner contravened section 30(1) of the Act by failing, within seven days after issuing the Stage 2 Building Permit, to give (or cause the Company to give) the Council a copy of that permit together with the plans and other documents lodged with Second Building Permit Application.

Ground 4: The practitioner contravened Regulation 2.18 of the Building Regulations 1993 (Vic.) by failing, within seven days after the end of the relevant month to forward (or cause the Company to forward) to the VBA (then known as the Building Commission) in a form signed and completed to the effect of Form 5 of the Building Regulations 1994 (Vic.) details, to his knowledge, of the Stage 2 Building Permit which had lapsed during the preceding month.

Ground 5: The practitioner contravened section 125(1) of the Act as it was then in force in that he failed to give, or failed to cause the Company to give, Council a copy of the First Building Notice within seven days after making the First Building Notice.

Registration: DB-M 26951 / Domestic Builder (Manager)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 7 March 2017

Project site locations:

North Balwyn
Surrey Hills

Disciplinary action taken

Suspension of registration for 3 months (1st June to 31st August 2017)
Fine $14,607.00
Costs $10,597.00.

Summary of grounds

The practitioner was found guilty of six allegations before the BPB.

The allegations related to carrying out building work which was not in accordance with an issued building permit and failure to comply with s 16(1) of the Building Act.

Further, he demanded payments to which he was not entitled because the building work to which they related were not completed.

His building work was also defective and not of a sufficient standard.

Registration:

DB-U 24313 / Domestic Builder (Unlimited)
DP-AD 18366 / Building Design (Architectural)

Disciplinary proceeding: VBA show cause process

Decision date: 6 March 2017

Disciplinary action taken

Ground 1: Registration in the classes of Domestic Builder – Unlimited and Draftsperson – Building Design (Architectural) suspended until 25 November 2019 or until the first date the practitioner is no longer insolvent under administration (whichever is sooner).

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(o) of the Building Act 1993:

A ground for immediate suspension existed pursuant to section 180(a) of the Building Act 1993 (Vic.), namely that the practitioner was insolvent under administration.

Registration: BS-U 1164 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 3 March 2017

Project site location: Rupanyup

Disciplinary action taken

Reprimand
Fine $8,958.75
Costs $11,834.00; and
Undertaking.

Summary of grounds

The practitioner was found guilty of two allegations in relation to a site in Rupanyup.

The first was a breach of s24(1)(a) of the Act for issuing a building permit when he could not have been satisfied that the building work would comply with the Building Regulations 2006 due to the insufficient information contained within the building permit documentation.

Also as the building permit allowed the removal of fire hydrants, the practitioner had breaches s24(1)(b) in that he could not have been satisfied that the report and consent of the Chief Officer of the CFA had been obtained in relation to fire safety matters that did not meet the deemed-to-satisfy provisions of the BCA.

Registration: BS-U 1125 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 2 March 2017

Project site location: Kew

Disciplinary action taken

Ground 1: Reprimand and penalty of $3,800.00.

Ground 2: Reprimand and penalty of $3,100.00.

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(a)(i) of the Building Act 1993:

The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (Vic.) by failing to carry out his work as a building practitioner in a competent manner and to a professional standard in that, as the appointed relevant building surveyor, he caused, permitted, counselled or procured a building permit to be issued as an owner-builder permit where the Application for Building Permit was not an owner-builder application and did not nominate that person.

Ground 2: Disciplinary Action under Section 179(1)(a)(i) of the Building Act 1993:

The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993 (Vic.) in that, as the appointed relevant building surveyor, he issued a building permit for alterations to an existing building when he could not have been satisfied that the building work and the building permit would comply with the Building Regulations 2006 (Vic.) as the engineering drawings and computations which accompanied the application did not demonstrate compliance with the requirements of Regulations 302(1)(a), 302(1)(b), 302(1)(d) and 303 of the Building Regulations 2006 (Vic.).

Registration:

BS-U 13866 / Building Surveyor (Unlimited)
EC 13867 / Engineer (Civil)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 22 February 2017

Project site location: Sunbury

Disciplinary action taken

Fine $1,000
Costs $2,820
Undertaking to cease issuing Building Permits from 30/6/2017.

Summary of grounds

The practitioner was found guilty of one allegation of failure to carry out work as a building practitioner in a competent manner and to a professional standard as required by regulation 1502(a) in that he issued a certificate of final inspection for the alterations when he could not be satisfied that the final inspection was satisfactory as the swimming pool fence did not comply with Australian Standards (AS1926.1: 2007).

Registration: BD-L 23766 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 21 February 2017

Project site location: Malvern East

Disciplinary action taken

Ground 1: Fine of $2,500.

Summary of grounds

Ground 1: The practitioner failed to comply with Section 16(1) of the Building Act 1993 (Vic.) in that he carried out building work which was not in accordance with the building permit by leaving an awning unsupported and/or in such a condition that it may collapse due to wind or vibration or left it in a dangerous condition.

Registration: DB-U 22673 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 21 February 2017

Project site locations:

Truganina
Clyde North
Tarneit

Disciplinary action taken

Reprimand
Fine $6,229.14
Costs $7,322.40.

Summary of grounds

The practitioner was found guilty of five allegations of failure to comply with regulation 1502.

The conduct related to the practitioner’s company not entering into a major domestic building contract and allowing permit applications to be made, in circumstances which put the owners at risk of building work not being covered by the required insurance.

Registration: DB-U 25651 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 February 2017

Project site location: Koo Wee Rup

Disciplinary action taken

Ground 1: Fine of $3,000.00.

Summary of grounds

Ground 1: On or about 20 February 2016, the practitioner breached section 246 of the Building Act 1993 (Vic.) by knowingly providing false and/or misleading information to a person carrying out a function under the Act.

Registration: DB-U 15843 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 16 February 2017

Project site location: Cremorne

Disciplinary action taken

Reprimand and costs of $4,155.00.

Summary of grounds

The practitioner was found guilty of failure to comply with s 16(1) of the Building Act for carrying out building work that was not in accordance with a building permit that was issued and in force in respect of that work.

A pergola was converted into a habitable room with a roof, internal ceiling wall, a window and door.

Registration: IN-L 44005 / Building Inspector (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 February 2017

Project site location: Dromana

Disciplinary action taken

Ground 1: Reprimand and disqualification from registration in the category of Building Inspector (Limited) for a period of 12 months.

Ground 2: Reprimand.

Summary of grounds

Ground 1: Disciplinary Action under Section 179(1)(b) of the Building Act 1993:

The practitioner was found to have engaged in unprofessional conduct contrary to Section 179(1)(b) of the Building Act 1993 in that in relation to a mandatory inspection of building work carried out at a site in Dromana, he physically assaulted a fellow registered building practitioner.

Ground 2: Disciplinary Action under Section 179(1)(a)(i) of the Building Act 1993:

The practitioner was found to have knowingly made false and misleading statements to a person carrying out a function under the Act and/or knowingly provided false or misleading information to a person carrying out a function under the Act contrary to Section 246 of the Building Act 1993.

Registration: DB-U 4844 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 February 2017

Project site location: Moonee Ponds

Disciplinary action taken

Ground 1: Fined $2,500.00.

Ground 2: Fined $2,500.00.

Ground 3: Reprimand.

Summary of grounds

Ground 1: The practitioner caused, permitted, directed or procured the carrying out of building work namely slab installation and reinforcement when a building permit in relation to the building work had not been issued and was not in force contrary to Section 16(1) of the Act.

Ground 2: The practitioner caused, permitted, directed or procured the carrying out of the building work namely, slab installation and reinforcement and at the time, the practitioner was not covered by the required insurance in contravention of section 136(2) of the Act.

Ground 3: The practitioner failed to perform his work as a building practitioner in a competent manner and to a professional standard in that he knowingly caused, permitted, directed or procured an engineer to carry out inspections of the building work at the site without the relevant building surveyor’s knowledge or approval in contravention of regulation 1502(a) of the Building Regulations 2006.

Registration: CB-L 33262 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 February 2017

Project site location: Richmond

Disciplinary action taken

Reprimand
Fine $4,885.60
Costs $3,426.00.

Summary of grounds

The practitioner was found guilty of one allegation of failing to ensure safety of persons or property and therefore of failing to carry out work in a competent manner and to a professional standard in accordance with Reg 1502(a) in carrying out demolition works of an existing two-storey brick office building in an unsafe manner.

Despite the issue of emergency orders, demolition work was carried out by the practitioner without any form of protection in place for adjoining properties.

Registration:

CB-L 29450 / Commercial Builder (Limited)
DB-U 27021 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 2 February 2017

Project site location: Brooklyn

Disciplinary action taken

Reprimand
Fine of $6,000
Suspension of the practitioner’ CB-L and DB-U registrations for a period of 12 months (from 27 November 2015 until 27 November 2016)
Requirement that the practitioner fully complete all warranty insurance applications for all future building work as a registered practitioner
Costs of $9,003.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations, in that, one two occasions, he sold properties and provided certificates of insurance that were not genuine certificates to the purchasers of those properties without taking reasonable measures to check their accuracy.

Registration: BD-L 38185 / Demolisher (Low rise)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 2 February 2017

Project site location: Rosanna

Disciplinary action taken

Fine $1,061.69 and costs $2,820.00.

Summary of grounds

The practitioner was found guilty of one allegation of carrying out building work for which a building permit was required but not held including demolition of an existing dwelling contrary to section 16 of the Building Act.

Registration:

DB-U 4817 / Domestic Builder (Unlimited)
CB-L 20352 / Commercial Builder (Limited)
DP-AD 1806 / Building Design (Architectural)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 31 January 2017

Project site location: Horsham

Disciplinary action taken

None imposed.

Summary of grounds

In relation to construction of a new residential dwelling in Horsham, the Board found the practitioner guilty of one allegation of failing to carry out a number of recommendations contained in an inspector’s report under s 179(fb) of the Building Act. The report had required that defects be rectified within six weeks of the date of the inspector’s report. Some, but not all, of the defects were addressed.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 January 2017

Project site location: St Kilda

Disciplinary action taken

Reprimand
Fine $3,886.50
Costs $2,727.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations.

The practitioner was found to have breached section 179(1)(b) of the Building Act 1993,as the relevant surveyor for the construction of a childcare centre in St Kilda. He failed to comply with section 24(1)(a) of the Building Act 1993 when he could not have been satisfied that the proposed building works and the building permits would comply with the Act.

The practitioner also breached section 24(1)(b) of the Act in being satisfied that the consent of a reporting authority required under the Act or the Regulations had been obtained.

The Board also found that the practitioner failed to carry out work as a building practitioner in a competent manner and to a professional standard contract to reg 1502(a) of the Regulations, in that he failed to determine that an alternative solution would comply with the performance requirements of the BCA at the time he issued the occupancy permit.

Registration: DB-U 43308 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 January 2017

Project site location: Templestowe

Disciplinary action taken

Ground 1: Reprimand and directed to undertake nationally recognised training course CPCCBC4009B – ‘Apply legal requirements to building and construction’.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner was found to have contravened section 16(1) of the Building Act 1993 (as it was at the relevant time), in that he caused, permitted, counselled or procured the carrying out of building work, namely site excavations, where a building permit had not been issued and was not in force under the Act.

Ground 2: The practitioner was found to have contravened Regulation 1502(a) of the Building Regulations 2006 (as they then were), in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard by causing, permitting, counselling or procuring the carrying out of excavation works which posed a risk to life and safety, undermined the integrity of adjoining property and which were not carried out in accordance with the engineer’s drawings, the agreed protection work and/or acceptable construction practice.

Registration: BS-U 22903 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 December 2016

Project site location: Greenvale

Disciplinary action taken

Ground 1: Fine of $5,000.00.

Ground 2: Fine of $2,000.00.

Ground 3: Fine of $1,000.00.

Summary of grounds

Ground 1: The practitioner failed to comply with 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 building permit and building works would comply with Act and the Building Regulations 2006.

Ground 2: The Practitioner failed to comply with Section 24A(3)(b) of the Building Act 1993 in that as the appointed relevant building surveyor he issued a building permit being work that was not to be carried out under a major domestic building contract and the cost of the work was more than $12,000.00 when he could not have been satisfied that the applicant had been issued with a certificate of consent for the work.

Ground 3: The practitioner failed to comply with Section 30(1) of the Building Act 1993 in that as the appointed relevant building surveyor he issued a building permit and failed within 7 days after issuing a building permit to give the relevant council a copy of that permit and any plans and other documents lodged with the application for a permit.

Registration:

CB-L 38360 / Commercial Builder (Limited)
DB-U 19143 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 23 December 2016

Project site location: Hampton

Disciplinary action taken

Reprimand
Fine $3000
Costs $2655.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation. The practitioner failed to comply with section 16 (1) of the Building Act 1993 in that he carried out work when a building permit had not been issued.

Registration: DB-U 37614 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 23 December 2016

Project site location: Black Rock

Disciplinary action taken

Reprimand
Fine $1000
Costs $2655
Completion of Contracts and Legal Obligation course by 30/06/2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation. The practitioner failed to comply with section 16 (1) of the Building Act 1993 in that he carried out work when a building permit had not been issued.

Registration: DB-U 27321 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 December 2016

Project site location: Castlemaine

Disciplinary action taken

Ground 1: Reprimand, ordered to undertake nationally recognised course Legal Obligations by 30 June 2017 and suspended for three months.

Summary of grounds

Ground 1: The Company (of which the practitioner was the sole director) contravened section 16(1) of the Building Act 1993 in that it caused, permitted, directed or procured building work to be carried out at the Site, namely the construction of stump holes and pad footings associated with the re-erection of a non-habitable studio, when a building permit in respect of the work had not been issued and was not in force and that work was not exempted by or under the Act or regulations. By reason of the deeming provision under the Building Act 1993 the contravention of the Company was a contravention by the practitioner.

Registration: BS-U 1232 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 December 2016

Project site location: Northcote

Disciplinary action taken

Reprimand

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Northcote.

The practitioner was found guilty of breaching section 179(1)(b) for failing to carry out work as a building practitioner in a competent manner and to a professional standard, in that he issued a building permit to an owner-builder for demolition works without taking appropriate action to ensure that the owner-builder had the necessary knowledge and experience to properly conduct the demolition work.

Registration:

CB-U 3052 / Commercial Builder (Unlimited)
DB-U 19194 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 19 December 2016

Project site location: Cranbourne West

Disciplinary action taken

Costs $3057.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Cranbourne West.

The practitioner failed to comply with section 16 of the Building Act 1993 in that he carried out building work which was not in accordance to the building permit, namely the construction of the garage, namely the gutter, was not constructed within the boundary of the site.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 19 December 2016

Project site locations:

Craigieburn
Northcote
Ivanhoe
Doreen
Kilmore

Disciplinary action taken

Reprimand
Fine $16,012.38
Costs $3,352.50
Undertaking.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to sites in Ivanhoe East and Doreen, three allegations in relation to a site in Northcote, and two allegations in relation to sites in Craigieburn and Kilmore.

With regard to the Ivanhoe East site, the practitioner failed to carry out work in a competent manner and to a professional standard as he failed to have the required protection work for the building work in place. He was also found to breach reg 1502 (a) of the Building Regulations (Vic) 2006 in that he issued a condition to a building permit which could not be complied with given the nature of the proposed work.

Regarding the site in Doreen, he was found to breach section 44 of the Building Act 1993 in that he issued an occupancy permit for a building not suitable for occupation. He also issued a building notice to the relevant builder rather than the owner of the site, contrary to section 106 of the Building Act.

In relation to the Northcote site, the practitioner was found to breach section 179(1)(b) in that 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 practitioner was found to have also failed to carry out work as a building practitioner in a competent manner and to a professional standard, in that he failed to respond to the adjoining owner of the site in a timely manner or at all and that he failed to comply with reg 1502 (a) in that he directed the owner builder at the site to carry out building work without a building permit.

In relation to the Craigieburn site, the practitioner was found to breach section 179(1)(b) in that he failed to comply with section 24(1)(a) of the Building Act 1993 in that he issued a building permit when he could not have been satisfied that the building work would comply with reg 409(2) of the Building Regulations 2006.

For the Kilmore site, the practitioner was also found guilty of failing to carry our work in a competent manner and to a professional standard in that he issued a Certificate of Final Inspection in circumstances where the building work was not constructed in accordance with the Building Permit and the Regulations, namely in the construction of a veranda.

Registration: EC 22626 / Engineer (Civil)

Disciplinary proceeding: VBA show cause process

Decision date: 15 December 2016

Project site location: Caulfield

Disciplinary action taken

Ground 1: Fined $1,500.00

Ground 2: Fined $1,500.00

Ground 3: Reprimand

Ground 4: Reprimand

Ground 5: Fined $1,500.00

Ground 6: Fined $1,500.00.

Summary of grounds

Ground 1: 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 in that he failed to provide complete structural computations for the building work.

Ground 2: 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 in that he provided several sets of structural drawings which were deficient and/or erroneous.

Ground 3: 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 in that he issued a Regulation 1507 Certificate of Compliance – Inspection which was incomplete.

Ground 4: 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 in that he failed to provide a Certificate of Compliance – Design for your amended structural drawings.

Ground 5: 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 in that he failed to consult the owners in relation to the basement being a ‘wet basement’.

Ground 6: 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 in that he provided false or incorrect information.

Registration: BS-U 1107 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 December 2016

Project site location: Eltham

Disciplinary action taken

Ground 1: Fine of $7,000.00.

Ground 2: Fine of $1,500.00.

Summary of grounds

Ground 1: The practitioner issued a building permit when he could not have been satisfied that the building work and the building permit would comply with the Building Act 1993 and the Building Regulations 2006 by reason of the failure of the plans to include the details set out in Regulations 302(1)(a)-(c), 302(2)(d)-(h) and Regulation 303.

Ground 2: The Practitioner failed to comply with Section 24(1)(c) 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 any relevant planning permit had been obtained.

Registration:

DB-M 32581 / Domestic Builder (Manager)
DB-L 32582 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 7 December 2016

Project site location: Preston

Disciplinary action taken

Fine $3000 and costs $1617.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to a site in Preston.

The practitioner was found to breach under section 179(1)(fb) of the Building Act 1993 in that he failed to carry out any of the recommendations contained in the inspector’s report under section 48 of the DBCA in the allowed timeframe.

The practitioner was also found to breach section 31 of the DBCA as the contract failed to contain certain required general contents on the contract, namely it did not contain warranty insurance details as required, owners details were incomplete and the contract was not specific and provided insufficient information in relation to the obtaining of a building permit.

The practitioner was also found to breach section 11(1)(a) of the DBCA in that he requested more than 5% deposit of the contract price.

The practitioner also failed to adhere to section 40 (2) of the DBCA as he did not adhere to Method A despite the schedule form 1 warning being signed and instead adopted Method B for progress payments.

Registration:

DB-U 21498 / Domestic Builder (Unlimited)
CB-L 38810 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 2 December 2016

Project site location: Settlers Run

Disciplinary action taken

Reprimand
Fine $1500
Costs $3228.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of six allegations in relation to one site in Settlers Run.

The practitioner was found to contravene section 11(a) of the DBCA, in that he requested more than 5% of the contract price to be paid prior to building works commencing.

The practitioner was found to breach section 16(1) of the Building Act 1993 in that he carried out building work, namely site excavation, before a building permit was issued and in force.

The practitioner also breached reg 1502 (a) in that he requested payment for Frame Stage works, fixing stage payment and completion stage payment prior to those stages being completed.

Registration:

DB-U 9186 / Domestic Builder (Unlimited)
CB-U 3328 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 25 November 2016

Project site location: Newport

Disciplinary action taken

Reprimand
Fine $1500
Costs $2820.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Newport.

It was found that the practitioner failed to act on the recommendations made by the inspector’s report under section 48 of the DBCA within the required timeframe.

Registration: BS-U 1550 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 22 November 2016

Project site locations:

Kalkallo
Fitzroy

Disciplinary action taken

Reprimand
Fine $5752.02
Costs $7557.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations relating to two sites.

The practitioner was found to have breached section 24(1)(a) of the Building Act 1993 in that he issued a building permit when he could not have been satisfied that the building work and the building permit would comply, namely the approved height of a boundary wall that exceeded the approved height.

The practitioner was also found to have breached section 1502(a) of the Regulations in that he issued a building permit in relation to inconsistent approved building plans.

The practitioner also issued an occupancy permit for the Kalkallo site without approving a location for the display of the building permit contrary to reg 1005 and 1008(1) of the Building Regulations 2006.

Registration: DB-U 3651 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 16 November 2016

Project site location: Canterbury

Disciplinary action taken

Reprimand and costs $2077.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation concerning the construction of a residential dwelling in Canterbury.

The practitioner was found to have failed to have performed his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 in that he had undertaken excavation work that encroached onto a neighbouring property, thereby undermining its footings.

Registration: BS-U 1116 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 10 November 2016

Project site locations:

Warragul
Drouin

Disciplinary action taken

Cancel registration and costs of $3865.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations.

Three allegations related to the practitioner issuing a building permit in respect of a site in Drouin. The endorsed plans showed that the retaining walls were to be constructed over an easement, however, the report and consent of the relevant authority as required by regulation 310(1) of the Building Regulations 2006 (‘Regulations’) had not been obtained. The building permit application also did not show sufficient information in relation to the construction of the retaining walls and the contract price specified in the application was substantially lower than that which was normally payable.

The Board also found the practitioner guilty of one allegation relating to a site in Warragul. The practitioner was found to have contravened section 24(1) of the Building Act 1993 (‘Act’) in that he had issued a building permit in circumstances where he could not have been satisfied that the building work would comply with the Act and Regulations in that the approved plans did not show the layout of the stormwater drains to the point of discharge as required by Regulation 302 of the Building Regulations.

Registration: BS-U 31016 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 26 October 2016

Project site locations:

Gisborne
Clifton Springs
Attwood

Disciplinary action taken

Reprimand
Fine $2500
Costs $3033.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations in respect of three sites.

The practitioner was found to have contravened section 24(1) of the Building Act 1993 (‘Act’) on two occasions in that he had issued building permits, when he could not have been satisfied that the required report and consent of the authority had been obtained.

The Board also found that the practitioner had twice failed to lodge building permit documentation with Council within seven days in contravention of section 30(1) of the Act and that he had failed to notify Council within seven days of his appointment in contravention of section 80 of the Act.

Registration: BS-U 1290 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 26 October 2016

Project site location: Ringwood

Disciplinary action taken

Reprimand
Fine $3000
Costs $4287.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Ringwood.

The practitioner had issued two building permits for the construction of a residential dwelling. The plans that accompanied the building permit application did not comply with the Council’s planning scheme setback requirements and regulation 414 of the Building Regulations 2006. As such, the report and consent of the Council was required prior issuing the building permits.

The practitioner had failed to obtain the report and consent of Council prior to issuing the building permits and was therefore found to have contravened section 24(1) of the Building Act 1993.

Registration: CB-L 32110 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 25 October 2016

Project site location: Brighton East

Disciplinary action taken

Reprimand
Fine $5000
Costs $1914.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation with respect to a site in Brighton East.

The practitioner is a director of a company that was engaged to carry out the construction of two townhouses. The Board found that the practitioner had contravened section 16(1) of the Building Act 1993 in that some of the building work performed by the company was not in accordance with the approved plans and specifications forming part of the building permit.

Registration: BD-M 1065 / Demolisher (Medium rise)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 October 2016

Project site location: Brighton

Disciplinary action taken

Fine $2000 and costs 2968.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to a site in Brighton.

The practitioner was responsible for the demolition of an existing dwelling, swimming pool, sheds and retaining walls and a building permit had been issued for these works. The practitioner had also carried out the demolition of a masonry boundary wall and brick storeroom, for which no building permit had been issued. Accordingly, he was found to have undertaken building works without a permit in contravention of section 16(1) of the Building Act 1993.

He was also found to have breached regulation 317(2) of the Building Regulations 2006 as although the building permit information was displayed on the site, it was not accessible to the public and it was obscured by foliage.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 20 October 2016

Project site locations:

McKinnon
Malvern East

Disciplinary action taken

Reprimand
Fine $5320.74
Costs $3861.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in respect of two sites.

In relation to the Malvern East site, the practitioner was found to have failed to perform his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 on three occasions in that he had issued a building permit which incorrectly classified the building, he failed to rectify this error when he had opportunities to do so and he failed to consider the Building Code of Australia requirements for fire safety when issuing the permit.

The practitioner was also found to have contravened section 30(1) of the Building Act 1993 in relation to a site in McKinnon in that he failed to lodge the building permit documentation with Council within seven days of issuing the permit.

Registration: BS-U 24084 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2016

Project site location: Brunswick East

Disciplinary action taken

Reprimand
Fine $3418.92
Costs $1778.57.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations relating to a site in Brunswick East.

The practitioner had been appointed as the relevant building surveyor for the construction of a medical centre at the site. He was found to have breached regulation 314(2) of the Building Regulations 2006 on three occasions, in that he failed to provide the site owners with copies of the building permit within seven days.

The practitioner had issued a building permit when an appeal was pending in relation to a protection works determination he had made and which did not include documentation that demonstrated how the remaining portion of the brick wall would comply with the Building Act 1993 and Building Regulations 2006 as required by regulation 304(1)(c) of the Building Regulations 2006.

The practitioner was therefore found to have also breached section 24(1) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006.

Registration: BS-U 14813 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2016

Project site location: Caulfield East

Disciplinary action taken

Reprimand
Fine $6,000
Costs $2820.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two contraventions of regulation 1502(a) of the Building Regulations 2006 in relation to two sites.

The findings included that he had issued an occupancy permit when he had not inspected the building works and that he had failed to issue a building notice under section 106 of the Building Act 1993 when building work had been carried out that was not in accordance with the building permit.

Registration: DB-U 9006 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2016

Project site locations:

Sorrento
Prahran

Disciplinary action taken

Reprimand
Fine $2954.24
Costs $1200
Cert IV in Building & Construction.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations.

The first allegation related to a site in Prahran. The practitioner’s company had been engaged to undertake renovations to a residential dwelling. Seven years later, it became apparent that there were defects in the building work, when the property was severely damaged during a storm. The practitioner was found to have contravened section 45 of the Domestic Building Contracts Act 1995 in that he failed to rectify these defects pursuant to the recommendations contained in an inspector’s report.

The second allegation concerned a site in Sorrento, where the practitioner had been engaged to carry out alterations to a residential dwelling. The practitioner’s company had carried out excavation work to the site prior to a building permit being issued and as such, the practitioner was found to have contravened section 16(1) of the Building Act 1993.

Registration: EC 2075 / Engineer (Civil)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2016

Project site location: Brunswick

Disciplinary action taken

Reprimand
Suspension of registration for three months
Fine $9327.60
Costs $1483.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations concerning a site in Brunswick. The practitioner is an engineer who inspected and issued certificates of compliance in respect of the concrete slab and structural framework, even though the work was non-compliant.

The practitioner was therefore found to have failed to perform his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006.

Registration: DB-U 31807 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 18 October 2016

Project site location: Kyneton

Disciplinary action taken

Reprimand
Fine $3504.60
Costs $1386.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in respect of a site in Kyneton.

The practitioner is a domestic builder and had been engaged to construct a residential dwelling at the site. During the course of carrying out building works at the site, the practitioner had installed a combustion heater, which under the Building Act 1993, constitutes plumbing work.

The practitioner was therefore found to have carried out plumbing work when not registered to do so in contravention of section 221D(1) of the Building Act 1993.

Registration: DB-U 22067 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 September 2016

Project site location: Dandenong South

Disciplinary action taken

Fine $2331.90 & Costs $866.75.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site at Dandenong South.

The practitioner is a director of a company that was engaged to undertake building works at the site. The company had engaged two agents to carry out the boring of piers, site clearing, site levelling and preparation of footings. The agents had carried out this work prior to a building permit being issued.

The practitioner was therefore found to have contravened section 16(1) of the Building Act 1993.

Registration: CB-U 7135 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 September 2016

Project site location: Dandenong South

Disciplinary action taken

Fine $2331.90 & Costs $866.75.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site at Dandenong South.

The practitioner is a director of a company that was engaged to undertake building works at the site. The company had engaged two agents to carry out the boring of piers, site clearing, site levelling and preparation of footings. The agents had carried out this work prior to a building permit being issued.

The practitioner was therefore found to have contravened section 16(1) of the Building Act 1993.

Registration:

CB-U 2576 / Commercial Builder (Unlimited)
DB-L 1347 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 26 September 2016

Project site location: Highton

Disciplinary action taken

Reprimand
Fine $9,383.40
Costs $3,057.00
Course of Training.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of six allegations in relation to a site in Highton.

The findings included that the practitioner had entered into a non-complying major domestic building contract for the construction of a shed on the site, when he was not registered, thereby breaching sections 29 and 31(1) of the Domestic Building Contracts Act.

Reprimand
Fine $3609.00
Practitioner undertaking
Costs $1885.60.

Summary of grounds

The Building Practitioners Board found the practitioner of two allegations in relation to a site in Albion.

The practitioner is the director of a company, which had been engaged to carry out underpinning works at the site. The practitioner was found to have contravened section 16(1) of the Building Act 1993 and regulation 1502(a) of the Building Regulations 2006 in that he had carried out the building work prior to a building permit being issued and when he was aware that the adjoining owner had not agreed to protection works.

Registration: DB-L 29091 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 31 August 2016

Project site location: St Kilda East

Disciplinary action taken

Reprimand
Fine $12,000
Costs $968
Undertake and complete the contracts and legal obligation modules of the Certificate IV in Building & Construction.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to the renovations to an existing dwelling at St Kilda East.

The practitioner had:

not obtained a building permit for the work in breach of s16(1) of the Building Act 1993
not obtained domestic building insurance in breach of s136(2) of the Building Act
not entered into a compliant major domestic building contract as required by s31(1) of the Domestic Building Contracts Act 1995; and
demanded and received deposits in excess of five per cent of the contract value in breach of s11(1)(a) of the Domestic Building Contracts Act 1995.

Registration: BS-U 1069 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 August 2016

Project site locations:

Kew
Elsternwick
Fitzroy

Disciplinary action taken

Reprimand
Suspend registration for six months
Fine $4,974.72
Costs $1,648.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to alterations and additions to existing dwellings at Kew and Fitzroy sites and also demolition at the Elsternwick site.

For the Kew site, the Board found the practitioner had failed to comply with s24(1)(a) of the Building Act in not being satisfied the building work would comply with the Building Regulations in that the approved drawings showed raised terraces and did not show how it would comply with overlooking provisions at Reg 419 of the Building Regulations.

For the Elsternwick site, the Board found the practitioner had breached s24(1)(c) of the Building Act for not being satisfied that a planning permit required for the demolition of the dwelling and outbuildings at the site had been obtained.

For the Fitzroy site, the Board also found the practitioner had breached s80 and s30 of the Building Act for failing to notify the council of the practitioners appointment as the relevant building surveyor and provide the council building permit, plans and associated documents within the required 7 days respectively.

Registration: DB-U 31756 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 26 August 2016

Project site location: Aspendale

Disciplinary action taken

Reprimand
Fine $9383.40
Costs $2827.

Summary of grounds

The practitioner was found guilty of one allegation pertaining to the construction of an extension to an existing dwelling at Aspendale.

The practitioner had failed to perform work as a building practitioner in a competent manner and to a professional standard and therefore failed to comply with regulation 1502(a) of the Building Regulations 2006 by failing to competently supervise and control the building work carried out.

Items of concern included poor installation of the foam cladding, the render to the foam cladding not installed due to incomplete and out of sequence work leaving the dwelling exposed to water ingress and damage, large amount of rubbish left on site, and building materials left on the roof causing damage to existing concrete tiled roof.

Registration: DB-U 1968 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 22 August 2016

Project site locations:

Macleod
Beaumaris
Trafalgar

Disciplinary action taken

Costs of $900
Suspend registration (DB-U 1968) for 12 months.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of five allegations in respect of construction of new dwellings at Macleod, Beaumaris and Trafalgar.

The Board found the practitioner had failed to complete the work by the end of the building period or at all in relation to the Macleod and the Trafalgar sites.

The practitioner was found to have failed to have perform his work as a building surveyor in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 in that he demanded or received payments not related to the progress of the building work yet to be completed in relation to the Beaumaris and Trafalgar sites.

Registration: DB-M 31054 / Domestic Builder (Manager)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 15 August 2016

Project site location: Caroline Springs

Disciplinary action taken

Fine $4,352.88
Costs $2,937
Disqualification for 18 months.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to a site in Caroline Springs.

The practitioner was found to have contravened section 16(1) of the Building Act 1993 in that he carried out building work that was contrary to the approved plans and therefore did not comply with the building permit and moreover, included items that were not in accordance with the Building Act 1993 and the Building Regulations 2006.

The practitioner was also found to have incurred three breaches of the Domestic Building Contracts Act 1995 in that on two occasions he demanded a progress payment for work that was not yet complete and further, he had given effect to a contract variation without obtaining the signed consent of the owner.

Registration: EC 39854 / Engineer (Civil)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 10 August 2016

Project site location: Various sites

Disciplinary action taken

Reprimand
Fine $10,882.20
Cancel registration
Disqualification for three years
Costs $1,452.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in having provided false or misleading information to a body carrying out functions under the Building Act 1993 in contravention of section 246 of the Act.

In completing an application for registration as a Domestic Builder (Unlimited) in Victoria, the practitioner falsely stated that he was employed as a site supervisor by a company and nominated four sites at which he had worked.

It was subsequently confirmed that the practitioner was not employed by the company and had had no involvement in the projects he had nominated.

Registration: DB-U 10519 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 1 August 2016

Project site location: Moe

Disciplinary action taken

Fine $500 and costs $825.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in respect of a residential site at Moe.

The practitioner was found to have breached section 16(1) of the Building Act 1993 in that he had constructed an additional veranda at the rear of the property over a spa and safety barrier without obtaining a building permit that was not part of the original building permit.

The practitioner gave evidence that he had received advice that the building works were exempted by Schedule 8 of the Building Regulations 2006.

Ultimately, the Board was satisfied that the building works were not exempted and that a building permit was not in place at the time of construction.

Registration: DB-U 9585 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 July 2016

Project site locations:

Bentleigh
Brunswick
Caulfield
Coburg
Oakleigh

Disciplinary action taken

Cancel registration
Disqualification for three years; and
Costs $2937.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of 34 allegations in total in relation to five properties.

The building practitioner had been engaged to undertake domestic building projects by the homeowners. He was found to have failed to perform his work in a competent manner and to a professional standard on 25 occasions, in contravention of regulation 1502(a) of the Building Regulations 2006. 19 of those breaches related to the practitioner demanding progress payments from the homeowners for work that had not been completed, three breaches related to defective work and three breaches concerned variations to the contract in the absence of the homeowners’ consent.

The Board also found the practitioner guilty of four contraventions of section 16 of the Building Act 1993 in that he failed to perform work in accordance with the building permit and one contravention of section 136(2) in that he carried out building work without the required insurance.

The remaining three allegations concerned the practor and provide the council building permit, plans and associated documents within the required seven days respectively.

The fifth allegation was in contravention of section 24(1)(b) of the Building Act 1993 in that the practitioner issued a building permit application when the building was not suitable for occupation.

Registration: BS-L 39332 / Building Surveyor (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 July 2016

Project site location: St Albans

Disciplinary action taken

Reprimand and costs $1318.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in respect of a site in St Albans.

The Board found that the practitioner had failed to carry out her work as a building surveyor in a competent manner and to a professional standard on two occasions, in contravention of regulation 1502(a) of the Building Regulations 2006, as she had issued a Certificate of Final Inspection when the work relating to the carport which did not comply with the building permit and Australian Standards (AS 1684).

Also, upon subsequently becoming aware that the building work was non-compliant, she failed to take appropriate enforcement action.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 July 2016

Project site location: Thornbury

Disciplinary action taken

Fine $2,953.74 and costs $347.63.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation concerning a site in Thornbury.

The practitioner was found to have failed to perform his work as a building surveyor in a competent manner and to a professional stand in contravention of regulation 1502(a) of the Building Regulations 2006.

The practitioner had issued a building permit for stage 1 building works only. He subsequently received an application for an occupancy permit, despite the fact that he had not yet issued the stage 2 building permit and it was not until 11 months later that the practitioner issued a building notice in respect of non-compliant building work.

Accordingly, the Board found that the practitioner had failed to inspect the unauthorised building work and take necessary enforcement action within a reasonable time.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 July 2016

Project site location: Greenvale

Disciplinary action taken

Fine $6,062.94 and costs $1538.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations concerning the construction of a dependant persons unit in Greenvale.

The practitioner was found to have failed to have perform his work as a building surveyor in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 in that he failed to ensure the cost of the building work reflected the amendments to the building design and failed to issue a building permit Form 2 for the significant variation, namely the weatherboard clad structure on stumps to a brick veneer building on concrete slab footing.

The practitioner also failed to comply with s24(1)(b) of the Building Act upon issuing an amended building permit and not being satisfied that the consent and report of the reporting authority had been obtained for the front entry porch construction over an easement.

Registration: DP-AD 249 / Building Design (Architectural)

Disciplinary proceeding: VBA show cause process

Decision date: 19 July 2016

Project site location: Ringwood

Disciplinary action taken

Fine $500 and costs $2,967.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Ringwood.

The Board found that he had failed to perform his work in a competent manner and to a professional standard in contravention of regulation 1502(a) of the Building Regulations 2006 in that he failed to ensure that architectural drawings prepared by him complied with the council planning scheme’s set back requirements and Regulation 414 of the Building Regulations 2006.

Registration: DB-U 17527 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 15 July 2016

Project site location: Safety Beach

Disciplinary action taken

Reprimand
Fine $8,500
Costs $2,967.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations concerning the construction of a residential dwelling at Safety Beach.

The Board held that there were two contraventions of section 1502(a) of the Building Regulations 2006 (Vic). The first was that the practitioner carried out work on the construction of the internal garage door seal and first floor stairs that did not comply with the Building Code of Australia and was therefore defective. Secondly, the practitioner was found to have breached section 1502(a) on the basis that he understated the construction price when obtaining warranty insurance and therefore did not obtain adequate insurance.

The practitioner was also held to have breached section 16(1) of the Building Act 1993 (Vic) in that he carried out construction of a veranda before a permit was issued and section 246 in that he understated the construction price to the building surveyor, thereby providing false and misleading information.

Registration: BS-U 1026 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 13 July 2016

Project site location: Preston

Disciplinary action taken

Reprimand
Fine $2331.90
Costs $568.99.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to a site in Preston. The practitioner issued a building permit in respect of the construction of an apartment complex.

It was found that the practitioner failed to comply with section 24(1)(a) of the Building Act 1993 (Vic) in that he issued a building permit when he could not have been satisfied that the building work would comply with the Act and Building Regulations 2006 (Vic). This was because the plans that formed the basis for the permit did not make adequate provision for disabled access as required by the Building Code of Australia (BCA).

Moreover, the permit did not adequately justify its application of the 2009 edition of the BCA in lieu of the 2011 edition as required by section 10 of the Act.

Registration: DB-M 30982 / Domestic Builder (Manager)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 July 2016

Project site locations:

Pentland Hills
Woodend

Project site location: Yallourn North

Disciplinary action taken

Costs $1,468

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in respect of two sites in Yallourn North.

The practitioner had received applications for building permits for each site, which did not contain sufficient information so as to satisfy the requirements of regulation 301 of the Building Regulations 2006.

The practitioner had issued building permits nonetheless and as a result, it was held that he had failed to carry out his work in a competent manner and to a professional standard in accordance with regulation 1502(a) of the Regulations.

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 6 June 2016

Project site location: Tullamarine

Disciplinary action taken

Reprimand
Fine $1000
Costs $1318.50
Undertaking: the Panel required the practitioner to complete a course of study (BSB ADM 505 – Plan & Administrative Systems or equivalent) and provide a certificate of attainment to the Board no later than 30 June 2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in respect of a building permit he had issued for a site in Tullamarine.

The practitioner had failed to make proper enquiries in relation to the estimated cost of the building works prior to lodging the building permit with the Council. Accordingly, the practitioner was deemed to have failed to carry out his work in competent manner and to a professional standard, thereby contravening section 1502(a) of the Building Regulations 2006.

The practitioner was further found to have contravened section 30(1A) of the Building Act 1993 by failing to provide the Council with a copy of the Fire Engineering Report upon which he sought to rely within seven days of issuing the building permit.

Registration:

DB-U 2108 / Domestic Builder (Unlimited)
CB-L 43089 / Commercial Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 1 June 2016

Project site location: Wy Yung

Disciplinary action taken

Reprimand
Fine $2,200
Costs $2,852
Undertaking: the Panel required the practitioner to complete the Building Designers Association of Victoria workshop.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to the construction of a prefabricated residential dwelling that was to be situated at a site in Wy Yung.

The practitioner was found to have breached section 16(1) of the Building Act 1993 by commencing building works prior to the issuing of a building permit, notwithstanding that the construction had taken place off-site, at the practitioner’s company’s workshop.

Registration: BS-L 34767 / Building Surveyor (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 May 2016

Project site location: Keilor

Disciplinary action taken

Reprimand and costs $1409.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation concerning a site in Keilor.

The practitioner had issued a building permit in respect of the construction of a residential dwelling including a garage, pool barrier, pool and retaining walls.

It was held that the practitioner had breached regulation 1502(a) of the Building Regulations 2006 by failing to require that protection work be undertaken at the property adjoining the site, which had ultimately been impacted by the building works.

Registration: DB-U 5097 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 May 2016

Project site location: Shepparton

Disciplinary action taken

Reprimand
Fine $9,000
Costs $1483.50
Undertaking: the Panel required the practitioner to complete course subjects ‘Apply Legal Requirements to Building and Construction Contracts’ and ‘Select and Prepare a Construction Contract’ and to provide a certificate of attainment before any application is made to become re-registered.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations in respect of a site in Shepparton.

The practitioner was found to have incurred three breaches of section 1502(a) of the Building Regulations 2006 by failing to perform his work in a competent manner and to a professional standard.

The first breach related to his failure to adequately control, manage or supervise a delegate he had engaged to carry out works on the site, who was not authorised under the Act to carry out such works.

The practitioner had also allowed the delegate to enter into a major domestic contract which did not comply with the requirements of section 31(1)(e) and (f) of the Domestic Building Contracts Act 1995 and this constituted the second breach.

The third breach arose as a result of the delegate demanding and receiving a deposit pursuant to the contract, which exceeded the amount that was permitted under section 11(1)(a) of the Domestic Building Contracts Act 1995.

Registration: DB-L 1691 / Domestic Builder (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 27 May 2016

Project site location: Clayton South

Disciplinary action taken

Fine $4500
Costs $741.75
Undertaking: the Panel required the practitioner to complete course subjects ‘Apply Legal Requirements to Building and Construction Contracts’ and ‘Select and Prepare a Construction Contract’ by 31 January 2017 and to provide a Certificate of Attainment to the Board and to provide the BPB Registrar with a Building Contract by 27 August 2016.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations arising from a quotation he had provided for building works at a site in Clayton South.

The practitioner’s written quotation for the work exceeded $5000, and accordingly, the agreement constituted a ‘major domestic building contract’. The practitioner was found to have contravened section 179(1)(fc) of the Building Act 1993 by failing to comply with the requirements for major domestic building contracts as stipulated in section 31(1) of the Domestic Building Contracts Act 1995.

The practitioner had also subsequently applied for a building permit, in which he falsely stated that the cost of the respective works was $4960.This constituted a breach of section 246 of the Building Act 1993 as the practitioner had knowingly provided false information to the building surveyor.

Registration: DB-U 15369 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 24 May 2016

Project site location: Diamond Creek

Disciplinary action taken

Cancellation of registration effective from 3/02/2016.
Disqualification from being registered in any category until 16/08/2018.
Fine $45,501.00.

Summary of grounds

The practitioner was found guilty of four allegations in relation to the construction of 69 townhouses in an estate in Diamond Creek.

The practitioner had breached s16(1) of the Act by building walls between the townhouses that did not meet fire separation standards in accordance with Part 3.7.1.8 of the Building Code of Australia.

The practitioner had also breached:

Reg. 1502(a) for failing to carry out work in a competent manner and to a professional standard for failing to adhere to performance requirements; and
Reg 109 in relation to construction of the walls and also carrying out a variety of other defects at the properties including water ingress, poor standard of painting, lack of sound proofing between walls, no awnings over the balconies, and external timber cladding being buckled and warped.

The practitioner was also found guilty of s179(1)(d) of the Act for conduct which constituted gross negligence or gross incompetence showing that he is not a fit and proper person to practise as a building practitioner.

Registration:

DB-U 10279 / Domestic Builder (Unlimited)
CB-U 5541 / Commercial Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 19 May 2016

Project site location: Maribyrnong

Disciplinary action taken

Reprimand

Fine $12,890

Costs $2,967

Undertaking: the Panel required the Practitioner not to enter into any Domestic Building Contracts until the three required course modules in contracts and legal obligations are successfully completed by 1 January 2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations in respect of one site in Maribyrnong.

The findings included that the practitioner failed to comply with section 25A(3) of the Building Act 1993 in that the practitioner failed to give the relevant building surveyor written notice of the engagement of the Company to carry out building work and details of the required insurance.

Costs $1663.50

Completion of course of training and provision of Certificate of Attainment from the AIBS for a total of 30 hours/points by 1 May 2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Craigieburn.

The practitioner had failed to comply with section 24(1)(a) of the Building Act 1993 in that he issued a issued a building permit in circumstances where the practitioner could have been satisfied that the building work would comply with regulation 417 of the Building Regulations relating to the southern boundary set back.

The practitioner had also breached s24(1)(b) for not obtaining a report and consent from the council given the non compliance of the design plans with regulation 417.

Registration: BS-L 37806 / Building Surveyor (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 April 2016

Project site location: Mount Waverley

Disciplinary action taken

Reprimand
Fine $3000
Costs $2000.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to two sites in Mount Waverley.

For the first site, the practitioner had failed to comply with section 24(1)(a) of the Building Act 1993 in that he issued a building permit in circumstances where the practitioner could not have been satisfied that the building work would comply with regulation 409 of the Building Regulations relating to the minimum street set backs.

The practitioner had also breached s24(1)(a) for the second site – for issuing a building permit and not being satisfied the works would comply with Regulations 414 and 419 relating to the non-complying side setback and overlooking into an adjoining allotment respectively.

Registration:

CB-U 1042 / Commercial Builder (Unlimited)
DB-U 4013 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 22 April 2016

Project site location: South Melbourne

Disciplinary action taken

Costs $500

Summary of grounds

The Building Practitioners Board found the Practitioner guilty of two allegations in relation to one site in South Melbourne.

In breach of section 16(1) of the Building Act 1993, the practitioner caused, permitted, counselled or procured building work to be carried out which was not in accordance with the approved plans forming part of the building permit being a fence constructed to a height in excess of six metres in circumstances where the building permit required the fence not to exceed 2.7 metres.

The Practitioner also failed to comply with section 33(1) of the Building Act 1993 in that he, as a person who is in charge of the carrying out of building work for which a permit has been issued, failed to notify the relevant building surveyor without delay after the completion of the frame stage.

Registration: DB-M 30997 / Domestic Builder (Manager)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 1 April 2016

Project site location: Caulfield South

Disciplinary action taken

Reprimand
Fine $13,650.30
Costs $8674.00
Completion of three specified course modules including ‘Supervising building works’ and ‘Occupational health and safety in the building and construction workplace’ by 30/06/2017.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Caulfield South.

In breach of section 16(1) of the Building Act 1993, the practitioner caused, permitted, counselled or procured building work to be carried out which was not in accordance with the approved plans forming part of the building permit being floor trusses on the second floor not affixed to waling plates in accordance with the Pryda specification in that trusses were affixed by a single nail applied from above with no skew nails into the waling plates.

The practitioner also failed to carry out work in a competent manner and to a professional standard and therefore failed to comply with regulation 1502(a) of the Building Regulations 2006 in that he failed to ensure that the floor framing was completed at the time of delivery and loading of the floor sheeting.

Registration:

CB-U 16725 / Commercial Builder (Unlimited)
DB-U 11842 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 31 March 2016

Project site location: Noble Park

Disciplinary action taken

Reprimand
Fine $6000
Costs $1707
Completion of three specified course modules including ‘Applying structural principles to commercial low rise construction’ by 30/9/16.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of three allegations in relation to one site in Noble Park.

The practitioner failed to comply with regulation 1502(a) of the Building Regulations 2006 (the regulations) in that he failed to identify that documents forming part of the building permit application did not contain sufficient information to show that the building work would comply with the Building Act 1993 and the regulations and he adopted an Alternative Solution in the construction of the building which had not been assessed for compliance with the Performance Requirements of the Building Code of Australia.

Finally, in breach of section 16(1) of the Act, the practitioner carried out work that was not in accordance with the Building Permit.

Registration: IN-L 20111 / Building Inspector (Limited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 31 March 2016

Project site location: Greenvale

Disciplinary action taken

Reprimand
Fine $4000
Costs $3038.50.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of two allegations in relation to one site in Greenvale.

The practitioner failed to comply with regulation 1502(a) of the Building Regulations 2006 in that he failed carry out work in a competent manner and to a professional standard.

The practitioner carried out and approved a final inspection for a swimming pool and associated barriers when the safety barrier did not comply with the relevant Australian Standard (AS1926.1:1993 Clause 2.6 & 2.9).

Further to this, having carried out the inspection, the practitioner failed to notify the relevant building surveyor that the swimming pool safety barrier had not been sighted in accordance with the building permit issued.

Registration: BS-U 1550 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 21 March 2016

Project site location: Echuca

Disciplinary action taken

Fine $3000 and costs $3730.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of four allegations in relation to one site in Echuca.

The practitioner was found guilty of a number of breaches of the Building Regulations 2006 (regulations) and the Building Act 1993 (the Act).

The practitioner failed to comply with section 24(1) of the Act in that he issued a building permit which did not comply with the regulations, namely, regulation 504.

In breach of regulation 1502(a) of the regulations, the practitioner failed carry out work in a competent manner and to a professional standard in that he issued a building permit without having considered or actioned any fire safety measures as required by the Building Code of Australia and he required only a final inspection as a mandatory notification stage when the permit should have also required a frame inspection.

The practitioner also issued certificates of final inspection which were not in the form of Form 7 as required by regulation 1006.

Registration: DB-U 14216 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 21 March 2016

Project site location: Mildura

Disciplinary action taken

Reprimand
Fine $4000
Costs $1617.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to building work carried out at a site in Mildura.

The practitioner breached section 16(1) of the Building Act 1993 by commencing work including excavation of top soil, levelling , compaction, formwork preparation, and installation of waffle pods and reinforcing steel relating to the construction of a dwelling and garage when a building permit was not issued in respect of that work.

Registration: DB-U 37221 / Domestic Builder (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 21 March 2016

Project site location: Craigieburn

Disciplinary action taken

Complete specified Contracts & Legal Obligation course within six months.
Costs $2417.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of one allegation in relation to building work carried out at a site in Craigieburn.

The practitioner breached section 16(1) of the Building Act 1993 by excavating footings when a building permit was not issued in respect of that work.

Registration:

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