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

Disciplinary proceeding: VBA show cause process

Decision date: 13 January 2022

Immediate Suspension of Arkville Homes Pty Ltd

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

Registration: CDB‐U 62941 / CDB‐U 62941

Disciplinary proceeding: VBA show cause process

Decision date: 23 December 2021

Project site location: Deer Park

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 21 December 2021

Project site location: Sunshine West

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 21 December 2021

Project site location: Footscray

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

Summary of grounds

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

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 December 2021

Disciplinary action taken

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

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

Registration / Licence: DB-M 18969

Disciplinary proceeding: VBA show cause process

Inquiry date: 10 December 2021

Immediate suspension of Michael Harrison

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 7 December 2021

Project site location: Geelong

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 December 2021

Project site location: Sunshine North

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

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

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 December 2021

Project site location: Sunshine North (2 sites)

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

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

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

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

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

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

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

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 2 December 2021

Project site location: Brunswick West

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

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

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

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

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

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

Decision date: 30 November 2021

Project site location: Donvale

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 30 November 2021

Project site location: Donvale

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 26 November 2021

Project site location: Niddrie

Disciplinary action taken

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

Summary of grounds

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

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

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

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 25 November 2021

Project site location: Brunswick

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

The practitioner received reprimand a penalty of $10,000.00; and a partial suspension of registration for 3 years or until the Direction to Fix is complied with.

On 20 January 2022, the practitioner provided evidence to the Authority that the building work the subject of the relevant written direction to fix had been complied with. Accordingly, the partial suspension imposed was ended on that date.

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

Disciplinary proceeding: VBA show cause process

Decision date: 22 November 2021

Project site locations:

Preston
Thomastown
Coburg North

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

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

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

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

Disciplinary action taken

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 22 November 2021

Project site locations:

Campbellfield
Craigieburn

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

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

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 18 November 2021

Project site location: Brunswick

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

to reprimand the practitioner on 3 grounds;
to suspend the practitioner’s registration partially for a total of 3 months. During the period of the partial suspension, the practitioner must not exercise her powers, functions or duties under the Building Act 1993 to:
- accept new appointments to act as the relevant building surveyor; and
- issue new building permits for projects in respect of which she was not already appointed as relevant building surveyor;
to impose total penalties of $20,000.

Summary of grounds

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

Outcome date: 18 November 2021

Prosecuted for:

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

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

Jurisdiction: Melbourne Magistrate's Court
Site Suburbs: Five sites in Metropolitan Melbourne

Outcome

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 16 November 2021

Project site location: Doncaster, Essendon, Fitzroy, Preston

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

to reprimand the practitioner on 33 grounds;
to suspend the practitioner’s registration partially for a total of 360 days, commencing 16 November 2021. During the period of the partial suspension, the practitioner must not exercise his powers, functions or duties under the Building Act 1993 to:
- accept new appointments to act as the relevant building surveyor; or
- issue building permits other than those under appointments to act as the relevant building surveyor existing as at 16 November 2021, except in respect of Class 1 or Class 10 buildings; and
to impose total penalties of $18,000, payable within 30 days (that is, 16 December 2021).

Summary of grounds

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 November 2021

Project site location: Warrnambool

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 November 2021

Project site location: Hoppers Crossing

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2021

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

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

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

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

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

Registration / Licence: 100167

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 10 November 2021

Work carried out: Footscray

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

Fined: $7,269.60 (40 PU);

Costs: $234; and

Publication Order granted.

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

Disciplinary proceeding: VBA show cause process

Decision date: 10 November 2021

Project site location: Springvale

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

The practitioner received the following disciplinary action.

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

Registration / Licence: 46639

Disciplinary proceeding: VBA show cause process

Inquiry date: 10 November 2021

Work carried out: Beaumaris

It was alleged and substantiated that the practitioner had carried out or permitted the carrying out of plumbing work that did not comply with plumbing laws, had lodged a compliance certificate containing a misstatement of fact and had lodged a compliance certificate without providing "as-laid" sanitary drainage plan to the water authority after work was completed.

Fined: $5,452.20 (30 PU);

Costs: $234;

Order than next 5 compliance certificates lodged by the practitioner be audited; and

Publication Order granted.

Registration / Licence: 52674

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 October 2021

Work carried out: Langwarrin

It was alleged and substantiated that the practitioner had permitted the carrying out of roofing work that was defective in workmanship and failed to comply with rectification notice issued by the VBA.

Disciplinary action taken

Suspension of licence in the classes of roofing for a period of 12 months, with the suspension suspended on the condition that the practitioner attend to rectification notice issued by the VBA within 60 days;

Order that the next 5 compliance certificates lodged by the practitioner in the class of roofing be audited by the VBA; and

Publication Order granted.

Fined: $4,543.50 (25 PU);

Costs: $468;

Registration: CDB-U 49297 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 October 2021

Project site location: St Kilda East

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 26 October 2021

Project site locations:

Brighton
Caulfield South

The practitioner contravened sections 24 and 44 of the Building Act 1993, was negligent in particular matters and engaged in unprofessional conduct at 3 sites in relation to the issuing of various building permits and occupancy permits for buildings with combustible cladding on external walls. The practitioner was also found to have engaged in conduct constituted by a pattern of incompetence. 23 grounds for disciplinary action substantiated.

Disciplinary action taken

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

to reprimand the practitioner on 19 grounds;
to suspend the practitioner’s registration partially for a total of 20 months. During the period of the partial suspension, the practitioner must not exercise his powers, functions or duties under the Building Act 1993 to:
- accept new appointments to act as the relevant building surveyor; and
- issue new building permits;
to impose total penalties of $6,000.

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

Disciplinary proceeding: VBA show cause process

Decision date: 25 October 2021

Project site location: CARRUM

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

Disciplinary action taken

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

Registration: DB-U 42518 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 October 2021

Project site location: Glen Iris

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

Disciplinary action taken

The practitioner received the following disciplinary action.

4 x reprimands
40 Penalty units ($7269.60)

Registration / Licence: 116168

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 October 2021

Work carried out: Melbourne

Disciplinary action taken

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

Fined: $18,174 (100 PU);

Costs: $468;

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

Publication order granted.

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

Disciplinary proceeding: VBA show cause process

Decision date: 11 October 2021

Project site location: Ballarat North

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2021

Project site location: Golden Point

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 October 2021

Project site location: Mallacoota

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

Summary of grounds

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

Registration / Licence: 104443

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 October 2021

Work carried out: Forest Hill

Disciplinary action taken

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

Fined: $2,726.10 (15 PU);

Costs: $468;

Publication order granted.

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

Disciplinary proceeding: VBA show cause process

Decision date: 30 September 2021

Project site location: Canadian

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 29 September 2021

Project site location: Pearcedale

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

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 21 September 2021

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

Summary of grounds

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2021

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

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 September 2021

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

Disciplinary action taken

Reprimand and a penalty of $4,000

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

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2021

Project site location: Yarrawonga

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2021

Project site location: Corio

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 31 August 2021

Project site location: Canterbury

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 31 August 2021

Project site location: Richmond

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

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

Disciplinary action taken

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

Registration:

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

Decision date: 30 August 2021

Immediate suspension of Neville Duncanson

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 August 2021

Project site locations:

Dandenong
Springvale
Hughesdale
Tyabb
& Ivanhoe

The practitioner’s conduct in issuing building permits and occupancy permits for the five sites was found to amount to breaches of sections 24(1)(a) and 44(a) of the Building Act 1993 and breaches of regulation 1502(a) of the Building Regulations 2006.

Disciplinary action taken

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

to reprimand the practitioner
to impose penalties totalling 80 penalty units ($14,539)
to suspend the practitioner’s registration in the class of building surveyor (unlimited) for a total period of 3 months. This decision is subject to VCAT Review.

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 August 2021

Project site location: Brighton

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 August 2021

Project site location: Geelong

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

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site locations:

St Kilda
Balwyn
Thornbury
Taylors Lakes
Springvale

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

Disciplinary action taken

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site location: East Ivanhoe, Thornbury, Tarneit

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

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

Disciplinary action taken

The disciplinary action taken was:

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2021

Project site location: Deer Park

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 17 August 2021

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 August 2021

Project site location: Darley

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

Disciplinary action taken

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

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

Decision date: 10 August 2021

Project site location: Bulleen

Reprimand and suspension of registration for 3 months

Summary of grounds

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 9 August 2021

Project site location: Sunshine North

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 August 2021

Project site location: Glen Iris

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

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

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

Disciplinary action taken

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

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 2 August 2021

Project site location: Buninyong

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 29 July 2021

Project site location: Hawthorn East

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

Disciplinary action taken

Reprimand and a penalty of $3,000.

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 July 2021

Project site location: Princes Hill

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 26 July 2021

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

Disciplinary action taken

Penalty of $10,000.

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

Disciplinary proceeding: VBA show cause process

Decision date: 17 July 2021

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 16 July 2021

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 July 2021

Project site location: Wodonga

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

Disciplinary action taken

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

Registration: CDB-U 56705 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 July 2021

A ground for taking disciplinary action as provided by section 179(1)(o) was upheld against one of the Company’s registrations (corporate domestic builder unlimited registration), insofar as the practitioner is a body corporate and did not/does not have the requisite nominee director which is a ground under section 180(e) for immediate suspension.

Disciplinary action taken

The practitioner’s corporate domestic builder unlimited registration was cancelled.

Registration: DB-M 27320 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 15 July 2021

Project site location: Albanvale

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of two mandatory inspection stages (namely, before placing a footing and completion of framework) required by the building permit in respect of the construction of a second dwelling, carport and alteration to existing dwelling.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $7,000 imposed.

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 July 2021

Project site location: Canterbury

The practitioner was found to have failed to have notified the relevant building surveyor without delay after the completion of a mandatory inspection (the completion of safety precautions prior to demolition) required by the building permit in respect of the demolition of a front fence.

Disciplinary action taken

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 7 July 2021

Project site locations:

Balwyn North
Coburg North
Craigieburn
Murrumbeena

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

For one site, the contraventions were sufficient to warrant a finding of unprofessional conduct.
Decision subject to VCAT Review.

Disciplinary action taken

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

to reprimand the practitioner
to impose penalties totalling $22,500
to suspend the practitioner’s registration in the classes of building surveyor (unlimited) and building surveyor (limited) for an effective period of 1 month.

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

Disciplinary proceeding: VBA show cause process

Decision date: 1 July 2021

Project site locations:

Carnegie
Frankston
Sandringham
St Kilda
South Yarra
Docklands

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 30 June 2021

Project site location: Benella

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

Disciplinary action taken

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

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

Decision date: 30 June 2021

Project site location: Ringwood

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

Disciplinary action taken

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

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

Registration:

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

Decision date: 29 June 2021

Immediate Suspension of Tino Filippelli

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 29 June 2021

Project site location: Wangaratta

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

Disciplinary action taken

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

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

Decision date: 29 June 2021

Immediate Suspension of Jim Zouzoulas

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 28 June 2021

Project site location: Altona North

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

Disciplinary action taken

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

Registration / Licence: 45278

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 June 2021

Work carried out: Caulfield

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

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

Disciplinary action taken

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

Fined: $4,956.00

Costs: $234.00;

Publication order granted.

Registration / Licence: 43278

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 25 June 2021

Work carried out: Caulfield

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

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

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

Disciplinary action taken

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

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

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

Publication order granted.

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

Disciplinary proceeding: VBA show cause process

Decision date: 25 June 2021

Project site location: Bonbeach

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 22 June 2021

Project site location: Point Cook

In relation to the use of combustible cladding for external walls at multiple sites.

The practitioner contravened section 24(1)(a) of the Building Act 1993 and regulation 265 of the Building Regulations 2018, by issuing building permits for the sites when the practitioner could not have been satisfied that the building permit and building work complied with the Act and Regulations.

Decision is subject to VCAT review.

Disciplinary action taken

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

to impose a penalty of $8,261.

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

Disciplinary proceeding: VBA show cause process

Decision date: 22 June 2021

Project site locations:

Hawthorn
Fitzroy
Brighton East
Armadale
Malvern East

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

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

Disciplinary action taken

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

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

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

Decision date: 22 June 2021

Project site location: Point Cook

In relation to the use of combustible cladding for external walls at multiple sites.

The practitioner contravened section 24(1)(a) of the Building Act 1993 and regulation 265 of the Building Regulations 2018, by issuing building permits for the sites when the practitioner could not have been satisfied that the building permit and building work complied with the Act and Regulations.

Decision is subject to VCAT review.

Disciplinary action taken

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

to impose a penalty of $8,261

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

Decision date: 22 June 2021

Project site location: Point Cook

In relation to the use of combustible cladding for external walls at multiple sites.

The practitioner contravened section 24(1)(a) of the Building Act 1993 and regulation 265 of the Building Regulations 2018, by issuing building permits for the sites when the practitioner could not have been satisfied that the building permit and building work complied with the Act and Regulations.

Decision is subject to VCAT review.

Disciplinary action taken

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

to impose a penalty of $8,261.

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

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2021

Condition imposed on registration:

The practitioner—

(a)must disclose—

(i)the fact of the external administration; and

(ii)the terms of these registration conditions—

to prospective clients; and

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

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

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

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

(iv)his income for the preceding 6 months.

Summary of grounds

Officer of a body corporate subject to external administration

Registration: EF 14064 / Engineer (Fire Safety)

Disciplinary proceeding: VBA show cause process

Decision date: 16 June 2021

Project site location: Melbourne CBD Neo 200 Building

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

Disciplinary action taken

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

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

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

Registration / Licence: 114196

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 16 June 2021

Work carried out:

Bentleigh
East Bentleigh
Newport
Pascoe Vale

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

Disciplinary action taken

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

Project site location: ALFREDTON

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

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

Registration / Licence: 103229

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 15 June 2021

Work carried out: Warragul

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

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

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registration was cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

Condition imposed on registrations:

The practitioner—

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

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

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

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

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

(i) take a deposit or a progress payment;

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

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

(d) must disclose—

(i) the fact of the external administration; and

(ii) the terms of these registration conditions—

to prospective clients; and

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

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 15 June 2021

The registrations were cancelled (no period of disqualification).

Summary of grounds

Officer of a body corporate subject to external administration

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

Decision date: 11 June 2021

Project site location: Doncaster

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

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

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

Decision date: 11 June 2021

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2021

Project site location: Forest Hill

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

Disciplinary action taken

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

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

Decision date: 4 June 2021

Project site locations:

Carlton
Brunswick East
Heidelberg
Clayton
Oakleigh
Middle Park

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

Subject to VCAT Review.

Disciplinary action taken

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

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 4 June 2021

Project site locations:

Prahran
Glen Iris
Brunswick East

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

Disciplinary action taken

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

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

This decision is subject to VCAT review.

Registration / Licence: 40224

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 2 June 2021

Work carried out:

Travancore
Bulleen

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

Disciplinary action taken

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 28 May 2021

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

Summary of grounds

Officer of a body corporate subject to external administration

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 27 May 2021

Project site location: Bentleigh

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

Disciplinary action taken

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

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

Registration / Licence: 38176

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 May 2021

Work carried out: Sale

Disciplinary action taken

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

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

Summary of allegations

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

Registration / Licence: 102263

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 20 May 2021

Work carried out: Sale

Disciplinary action taken

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

Summary of allegations

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

1 x 221F(1) for carrying out specialised plumbing work in Type A appliance servicing when not licensed or registered by the VBA

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

Registration: CDB-U 52578 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2021

Project site location: Highett

The practitioner carried out demolition work at a site before a building permit had issued. The Practitioner had been informed the building permit would issue the day it authorised the work to commence.

The practitioner contravened sub-sections 16(1) and 16(4) of the Act.

Disciplinary action taken

The practitioner received total penalties of $10,000 having made representations with respect to various mitigating factors and notably a change in process which had been made in order to avoid further contraventions.

Registration: CDB-U 51859 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2021

Project site location: Cobaw

The practitioner was found to have failed to call for a mandatory inspection (completion of framework for the sub-floor) required by the building permit in respect of the construction of a new dwelling, including carport and deck.

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Maidstone

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

Disciplinary action taken

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

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

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Maidstone

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

The practitioner was also found to have contravened regulation 1502(a) of the 2006/2017 building regulations, and then regulation 265(a) of the 2018 building regulations (as were in force during the relevant period respectively), in that he failed to ensure that major domestic building works were carried out in accordance with the requirements of the builder’s warranties set out in section 8 of the DBCA.

Disciplinary action taken

In respect of the first ground, the Authority imposed a reprimand and a partial suspension of the practitioner’s registrations in the classes of DOMESTIC BUILDER – UNLIMITED and COMMERCIAL BUILDER LIMITED for a period of 3 years (or until such time as DBDRV notify the Authority that the subject Breach of Dispute Resolution Order Notice is cancelled, if that occurs sooner), wholly suspending the practitioner’s registrations save and except for:

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

In respect of the second ground, the Authority imposed a further reprimand and directed the practitioner to complete training course ‘CPCCBC4001 - Apply building codes and standards to the construction process for Class 1 and 10 buildings’.

The partial suspension ended on 2 September 2021 because it was revoked.

Registration:

BS-U 28986 / Building Surveyor (Unlimited)
IN-U 28517 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 13 May 2021

Project site location: Sunbury

The practitioner contravened section 24(1)(a) of the Act, regulation 265(a) of the Building Regulations 2018, and was negligent when he issued a building permit for a pool safety barrier when he couldn’t be satisfied that the barrier would comply with the Building Act 1993 and building regulations, and approved the barrier at the final mandatory stage inspection when it did not comply and had not been built in accordance with the building permit.

Disciplinary action taken

The practitioner received reprimands, monetary penalties of $2,400, was required to complete training regarding pool barriers and had a condition imposed on his registrations that until that training is completed, he cannot accept any appointments and/or issue any building permits for pools and safety barriers.

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

Disciplinary proceeding: VBA show cause process

Decision date: 7 May 2021

Project site location: Mickleham

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

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $2,000 imposed (with 12 months to pay).

Registration: DB-U 12881 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 May 2021

Project site location: Daylesford

The practitioner was found to have failed to call for a number of mandatory inspections (foundation; sub-floor frame and frame) required by the building permit in respect of additions and alterations to a detached dwelling.

Disciplinary action taken

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

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 May 2021

Project site location: Officer

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

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $4,000 imposed (payable within 6 months).

Registration: BS-U 1111 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 6 May 2021

Project site locations:

Caulfield North
Hughesdale
Camberwell

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations, engaged in conduct that was negligent in a particular matter, and engaged in unprofessional conduct, when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at 4 sites between 2011 and 2014. Subject to VCAT review.

Disciplinary action taken

The disciplinary sanctions taken in respect of the 24 grounds found to be substantiated were, in summary:

Reprimand
$32,000 in penalties
5 month suspension

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

Disciplinary proceeding: VBA show cause process

Decision date: 5 May 2021

Project site location: Sunbury

The practitioner was found have failed to call for a number of mandatory inspections (the completion of excavations, before pouring an in situ reinforced concrete member specified by the relevant building surveyor and the completion of precautions stages) required by the building permit in respect of the construction of a swimming pool and safety barrier.

Disciplinary action taken

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

Registration: DB-M 29798 / Domestic Builder (Manager)

Decision date: 5 May 2021

Project site location: Gisbourne

*** THIS MATTER IS CURRENTLY SUBJECT TO AN APPEAL BEFORE THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ***

With respect to building work consisting of the construction of a dependant person’s unit, the practitioner was found by the Authority to have contravened:

section 16(1) of the Building Act 1993 (Vic.)(the Act), in that he caused, permitted, directed or procured the carrying out of building work where a building permit had not been issued and was not in force under the Act;
section 136(2) of the Act, in that he carried out, managed and/or arranged domestic building work under a major domestic building contract, when not covered by the required insurance; and
regulation 265(a) of the Building Regulations 2018 (Vic.) (the 2018 Regulations), in that he was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard by causing moneys to be demanded, accepted and retained from the owners when not entitled under the Domestic Building Contracts Act 1995 and as he failed to exercise a sufficient level of supervision, management and/or care with respect to the building work and company personnel associated with the building work.

The Authority imposed a 9-month partial suspension of the practitioner’s registration prohibiting new projects, a condition prohibiting the practitioner from allowing his company, Natina Homes & Developments Pty Ltd (of which he is the sole nominee director), to enter into new contracts during that suspension period and a disqualification prohibiting the practitioner from obtaining registration in any new class or category during the 9 month partial suspension period (in light of the transitional provisions for the class of Domestic Builder - Manager). The Authority also imposed penalties totalling $13,000.00 and a reprimand.

***The above grounds and disciplinary action are currently the subject of an appeal before the VCAT. The above disciplinary action has been stayed pending the outcome of that appeal.***

Registration: CDB-U 59886 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Avondale Heights

The practitioner was found to have contravened section 16(1) of the Building Act 1993, in that, in respect of building work consisting of the demolition of a carport attached to a dwelling, it caused, permitted, directed or procured the carrying out of that building work where a building permit had not been issued and was not in force.

The practitioner was also found to have acted in contravention of regulation 117(1) of the Building Regulations 2018 with respect to that carport demolition, in that it caused, permitted, directed or procured that demolition work to be carried out without the appropriate precautions being taken in accordance with, and as required by, regulation 117(1) of the Regulations and AS 2601-2001.

Disciplinary action taken

The practitioner received a reprimand and a penalty of $5,000.00 was imposed. In addition, the Authority directed that the company cause its nominee director, Flynn Caulfield, to complete training course ‘CPCCBC4009 - Apply legal requirements to building and construction projects’.

Registration: CDB-U 53956 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Montmorency

The practitioner was found have failed to call for a mandatory inspection required by the building permit in respect of alterations and additions to an existing dwelling (specifically, the completion of framework for the front canopy frame).

Disciplinary action taken

The practitioner was reprimanded and a penalty of $2,000 was imposed payable in 6 months.

Registration:

CB-L 41135 (CANCELLED) / Commercial Builder (Limited) (CANCELLED)
DB-U 39595 (EXPIRED) / Domestic Builder (Unlimited) (EXPIRED)

Decision date: 30 April 2021

Project site location: Thornbury

Disciplinary action taken

On appeal to VCAT, the Tribunal upheld the Authority’s findings as to 8 grounds of disciplinary action:

at the time it determined liability on 6 October 2020, the VCAT found that a ground for immediate suspension existed, in that the practitioner was the officer of a body corporate under external administration at that time;
a contravention of section 11(1)(a) of the Domestic Building Contracts Act 1995 (DBCA), in that the practitioner demanded and received a deposit of more than 5% in respect of a domestic building contract where the contract price was more than $20,000;
a contravention of section 137 of the Building Act 1993 (the Act), in that the practitioner held himself and/or his company out as being covered by the required insurance when he and/or the company were not in fact covered by the required insurance;
a count of unprofessional conduct (ground under s.179(1)(b) of the Act), in that the practitioner made representations to the owner of the site which he knew or ought to have known were false and/or misleading;
a contravention of regulation 1502(a) of the Building Regulations 2006 (as were in force at the relevant time) with respect to the practitioner’s failure to carry out his work as a building practitioner in a competent manner and/or to a professional standard, in that he demanded and then accepted and retained, and/or caused his company to demand, accept and then retain the deposit when neither he nor his company were entitled to do so under the contract and/or the relevant Ministerial Orders;
a further contravention of regulation 1502(a) of the Building Regulations 2006, in that the practitioner failed to ensure that the contract was compliant with regulation 13(1)(a) of the Domestic Building Contracts Regulations 2017, in that he failed to obtain a warning in the form of Form 1 in Schedule 1 signed by the building owner before signing the contract and circumstances where the parties sought to vary the payment schedule under the contract pursuant to section 40(4) of the DBCA;
a further count of unprofessional conduct, in that the practitioner failed, or failed to cause his company, to deal with the deposit moneys paid in accordance with the terms of the contract, expended and/or disbursed, and/or cause the company to expend and/or disburse, deposit moneys paid in circumstances where he and/or the company were not entitled to expend or disperse any of the deposit moneys and subsequently failed, and/or failed to cause the company, to return and/or to properly account for the deposit moneys to the owner upon the termination of the contract;
on the basis of the preceding grounds, the practitioner was found not to be a fit and proper person to practise as a building practitioner.

With respect to those grounds, the Tribunal upheld the Authority’s decision to cancel the practitioner’s registration CB-L 41135* and to disqualify the practitioner for applying for registration in any class/category for the maximum period (3 years) in the State of Victoria.

The Tribunal also imposed 3 reprimands and penalties totalling $31,092.00.

* The domestic builder registration DB-U 39595 expired during the appeal period.

Registration: CDB-U 49640 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2021

Project site location: Thornbury

The practitioner was found to have failed to call for mandatory inspections required by the building permit in respect of the construction of a new 2 storey building.

Disciplinary action taken

The practitioner was reprimanded and had a penalty of $1,000 imposed.

Registration / Licence: 112952

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 April 2021

Work carried out: Travencore

Disciplinary action taken

Fine: Aggregate of 100 Penalty Units ($16,522.00)
Costs: $234.00
Plumbing licence in all classes suspended for 12 months.

Summary of allegations

It was alleged and substantiated that the practitioner had directed another person to carry out unregistered drainage and water supply work at the site. He had also failed to lodge a compliance certificate within 5 days of completion of the work, and to lodge the altered sanitary drain plans with the water authority before the compliance certificate was lodged.

Registration: CDB-U 49308 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 April 2021

Project site location: Officer

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

Disciplinary action taken

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

Registration: CDB-U 49308 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 April 2021

Project site location: Donvale

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

Disciplinary action taken

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

Registration: CDB-U 52684 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 19 April 2021

Project site location: Warrandyte

The practitioner was found to have failed to call for mandatory inspections required by the building permit (before placing a footing and before pouring an in situ reinforced concrete member specified in the permit) for the re-erection and extension of a dwelling and garage.

Disciplinary action taken

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

Registration: CB-L 28395 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 April 2021

Project site location: Truganina

The practitioner was found to have failed to call for a mandatory inspection (frame – commercial) required by the building permit in respect of the construction of 39 warehouses.

Disciplinary action taken

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

Registration: CDB-U 57932 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 April 2021

Project site location: Greensborough

The practitioner was found to have failed to call for a mandatory inspection (before placing a footing) required by the building permit in respect of the construction of 3 double storey dwellings, 1 triple storey dwelling, garages and retaining walls.

Disciplinary action taken

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

Registration: BS-U 1330 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 April 2021

Project site location: Dandenong, Ringwood, Tarneit.

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations, when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at 5 sites between 2009 and 2016.

Disciplinary action taken

The practitioner received reprimands, monetary penalties of $33,000 and suspension of registration of 12 months. This decision is Subject to VCAT review.

Registration / Licence: 49860

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 April 2021

Work carried out: Oakleigh South

It was alleged and substantiated that the practitioner carried out mechanical services work when not licensed or registered in that class.

Disciplinary action taken

Fined: $1,321.76
Costs: $467.60
Practitioner to complete core competency units applying to all plumbing classes, namely (i)BSBSMB401A - Establish Legal and Risk Management requirements of a small business, (ii) CPCPCM4011A - Carry out work-based risk control processed
and (iii) CPCPCM4012A - Estimate and cost work

Registration / Licence: 44710

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 April 2021

Work carried out:

Warragul
Traralgon
Rosedale
Korumburra

It was alleged and substantiated that the practitioner failed to arrange for drainage inspection before drainage work had been covered on 6 occassions across 6 separate sites

6 x 221ZP(2) for failing to arrange for drainage inspection (one allegation per site across 6 different sites)

Disciplinary action taken

Reprimand
Fined: $4,956.60 (30 PU)
Costs: $117

Registration: BS-U 26220 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 April 2021

Project site locations:

Gladstone Park
Greenvale

Disciplinary action taken

The disciplinary sanctions taken in respect of the four grounds found to be substantiated were, in summary:

To reprimand the practitioner;
To impose penalties totaling $2,250

Summary of grounds

The 4 Grounds of Disciplinary Action under Section 179(1)(a)(i) of the Building Act 1993 (the Act)for the sites were in relation to the construction of a swimming pool and associated safety barrier at each site.

For the Gladstone Park site the practitioner contravened section 24(1)(a) of the Act and regulation 1502(a) of the Regulations.

For the Greenvale site the practitioner contravened section 24(1)(a) of the Act and regulation 265(a) of the Regulations.

Registration: CDB-U 58380 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 April 2021

Project site location: Seddon

The practitioner was found to have contravened section 16(1) of the Building Act 1993 (Vic.)(the Act), in that it carried out, caused or permitted the carrying out of building work for which a building permit had not been issued and was not in force under the Act (Ground 1) and section 16(4A) of the Act in that, as the builder named in the building permit, it failed to ensure that the building work the permit applied to was carried out in accordance with the Act, the building regulations and the building permit (Ground 2).

Disciplinary action taken

The practitioner was reprimanded and a penalty of $3,000.00 was imposed in total (reduced to $2,000.00 if the practitioner’s nominee director completes course CPCCBC4009 - Apply legal requirements to building and construction projects’ by 28 April 2022).

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

Disciplinary proceeding: VBA show cause process

Decision date: 1 April 2021

The practitioner was found to contravened section 49B(5) of the Domestic Building Contracts Act 1993 (DBCA), in that the practitioner’s company, L.E.C. Builders and Designers Pty. Ltd (and therefore Mr. Elliot, as its director, by virtue of section 179A of the Act) failed to comply with a dispute resolution order (DRO) issued by Domestic Building Dispute Resolution Victoria (DBDRV) by failing to make payment of moneys ordered by the DRO to the site owners.

Disciplinary action taken

The practitioner was reprimanded, and his registration suspended for a period of 3 years, commencing on 15 April 2021 OR until the Authority received notice from DBDRV that the breach of dispute resolution order notice was cancelled pursuant to section 49V of the DBCA (if that occurred sooner). Cancellation under section 49V required settlement of the dispute.

The Authority on 19 April 2021 received notice from DBDRV that the breach of dispute resolution order notice was cancelled, ending the suspension on that day.

Registration: BS-U 1575 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 March 2021

Project site locations:

Rippleside
Geelong

The practitioner was found to have issued a building permit approving use of a wall system for external walls using timber framing without having sufficient documentation to support such approval.

Disciplinary action taken

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

Registration:

DB-U 1189 / Domestic Builder (Unlimited)
IN-L 42432 / Building Inspector (Limited)

Decision date: 31 March 2021

On appeal, the Victorian Civil and Administrative Tribunal affirmed the Building Practitioners Board’s decision regarding guilt, that the practitioner had, on 85 occasions, failed to comply with s 176(1A)(a) of the Building Act 1993 because he practised as a building inspector when he was not registered to do so. At the time of the conduct, the practitioner was registered only as a domestic builder and not a building inspector.

Disciplinary action taken

The practitioner was reprimanded, fined $4,000 and ordered to pay costs of $8,070.

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

Decision date: 30 March 2021

Summary of grounds

The corporate practitioner’s registration was immediately suspended, commencing on 31 March 2021, because it had no nominee director. The immediate suspension was revoked on 30 June 2021 because a nominee director was appointed.

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

Disciplinary proceeding: VBA show cause process

Decision date: 29 March 2021

Project site location: BENTLEIGH, BRUNSWICK, COBURG, DONCASTER, HEIDELBERG HEIGHTS AND MALVERN EAST

In relation to five residential developments (some with components of Classes 5 and/or 6) and one child care centre development, the practitioner’s conduct in issuing building permits and occupancy permits was found to amount to breaches of sections 24(1)(a) and 44(a) of the Building Act 1993, conduct that was negligent in a particular matter, conduct that was unprofessional conduct and conduct that was constituted by a pattern of incompetence.

The grounds related to requirements under Building Code of Australia Volume One that:

external walls of a building required to be of Type A or Type B construction must be non-combustible;
external walls must adequately prevent the penetration of water, for which an alternative solution is necessarily required;
a building or structure must meet essential stability requirements by resisting the actions to which it may reasonably be subjected, with the structural resistance of specific materials and forms of construction to be determined according to specified standards or through an alternative solution; and
specified building elements must meet certain minimum fire resistance levels.

Disciplinary action taken

The disciplinary action taken in respect of the 71 grounds found to be substantiated was, in summary:

to reprimand the practitioner;
to impose penalties totalling $20,000;
to suspend the practitioner’s registration in the class of building surveyor (unlimited) for periods cumulatively totalling 14 months; and

to suspend the practitioner’s registration in the class of building surveyor (unlimited) for a period of 14 months, to run concurrently with the other periods of suspension. This decision is Subject to VCAT review.

Registration: BS-U 1471 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 March 2021

Project site locations:

Greenvale
Various sites

Firstly, with respect to a site in Greenvale, the practitioner was found to have acted in contravention of section 24(1)(a) of the Building Act 1993, in that he issued a building permit for a swimming pool and safety barrier in circumstances where he ought not to have been satisfied that the building work and the building permit would comply with the Building Act and regulations as the application documents failed to satisfy the minimum standard set by regulation 302 of the Building Regulations 2006 (2006 Regulations) and as there was insufficient information to demonstrate compliance with the relevant Australian Standard (AS1926.1, as required by regulation 301(3)). The Authority imposed a reprimand and a $500.00 penalty with respect to this ground.

In relation to a separate matter, the practitioner was found to have engaged in unprofessional conduct, in that he was found to have facilitated the issue of documents purporting to be occupancy permits and certificates of final inspection bearing the name, registration number and facsimile signature of a previously employed registered building practitioner without that practitioner’s knowledge and/or authorisation.

With respect to that ground, the Authority imposed a reprimand, a penalty of $4,500, a partial suspension of the practitioner’s registration for 120 days (being a prohibition on new appointments during that period) and directed that he undertake a specified course of training, namely ‘CPCCBS6103 – Identify and apply legal and ethical requirements to building surveying functions’.

Registration: CDB-U 62445 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 11 March 2021

The body corporate practitioner ceased to have a nominee director as required under the Act which is a ground for disciplinary action to be imposed under 179(1)(ha) of the Act.

The body corporate practitioner also failed to notify the VBA as required under section 175C of the Act of the cessation of a nominee director.

Disciplinary action taken

For Ground One, the company’s registration was cancelled (with effect from 24 March 2021) and for Ground Two, a penalty of $5,000 was imposed.

The amount of the penalty reflects that the company had been placed in external administration.

Registration: BS-U 1245 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 March 2021

Project site locations:

Torquay
Hampton

The practitioner contravened sections 24 and 44 of the Act and regulation 1502(a) of the Regulations, engaged in conduct that was negligent in a particular matter, and engaged in unprofessional conduct, when he issued building permits and occupancy permits allowing the use of combustible cladding for external walls at 3 sites between 2011 and 2016.

Disciplinary action taken

A condition is imposed on his registration for 2 years to prohibit him from issuing building permits for Class 1a(b), Class 1b, and Class 2-9 buildings.

The practitioner received reprimands and total penalties of $24,782 (150 penalty units).

The practitioner is also required to undertake training in evaluating construction methods and materials and assessing performance solutions for Class 2 to 9 buildings to three storeys.

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

Disciplinary proceeding: VBA show cause process

Decision date: 23 February 2021

Project site location: Seaford

The practitioner was partially suspended for 6 months.

Disciplinary action taken

The practitioner was engaged by home-owners to construct a masonry fence at a site in Doncaster.

The owners lodged an application with Domestic Building Dispute Resolution Victoria (DBDRV) because the building work was not completed. DBDRV issued a Dispute Resolution Order requiring the building practitioner to pay the owners $19,000 by 18 October 2020. As this did not occur, DBDRV issued the practitioner with a Breach of Dispute Resolution Order Notice and notified the VBA of its issue.

As required under the Act, the VBA partially suspended the practitioner’s registration for 6 months OR until the Breach of Dispute Resolution Order Notice was cancelled by the DBDRV (if that occurred sooner).

The partial suspension suspended all building work, except for a brief period only, on existing projects.

The Breach of Dispute Resolution Order Notice was not cancelled during the partial suspension period. The practitioner was partially suspended for 6 months.

Registration:

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

Decision date: 8 February 2021 (VCAT Decision Date)

Disciplinary action taken

Reprimands, penalties $42,000, cancellation of registration, disqualification for two years, within two years successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects and CPCCBC4008B: Conduct on-site supervision of building and construction projects

Summary of grounds

Noncompliant use of combustible wall cladding in a 33 apartment building, failure to obtain required insurance for 22 units, noncompliant work and providing false information to the VBA when renewing registration.

Registration / Licence: 37169

Inquiry date: 4 February 2021

Work carried out: Brunswick West

It was alleged and substantiated that the practitioner had carried out plumbing work in a class where he was not licensed in, when a compliance certificate was required to be lodged for the work.

1 x 221E(1): carrying out plumbing work (gasfitting) for which a compliance certificate was required, without being licensed to do so

Disciplinary action taken

Reprimand
Costs: $117.00;
Disqualification from holding licence for 3 years in all plumbing classes;
Disqualification from holding registation for 3 years in all plumbing classes, unless previous Inquiry Order dated 11/12/2019 complied with.

Registration / Licence: 107439

Disciplinary proceeding: VBA show cause process

Inquiry date: 29 January 2021

Work carried out: Sale

It was alleged and substantiated that the practitioner carried out gasfitting work that did not comply with the Act and Regulations.

221FA: carrying out gasfitting work that does not comply with the Act and Regulations.

Disciplinary action taken

Fined: $2,478.30
Costs: $117.00
Undertake further training in course, Install and commission Type A gas appliances (CPCPGS3061A) within 12 months from 1 February 2021.

Registration / Licence: 103367

Disciplinary proceeding: VBA show cause process

Inquiry date: 29 January 2021

Work carried out:

West Melbourne
Frankston

It was alleged and substantiated that the practitioner carried out gasfitting work that did not comply with the Act and Regulations.

3x221ZP(2): backfilling below ground sanitary drain prior to inspection by the VBA.

Disciplinary action taken

Fined: $991.32
Costs: $117.00

Registration: BS-U 1290 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 January 2021

Project site location: Korumburra

The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993, in that he issued a building permit for the construction of a swimming pool and safety barrier in circumstances where:

he did not have sufficient information to estimate the cost of the subject works, including the cost of labour and materials, contrary to the requirements of section 205H(3)(c) of the Act (as it was at the time in 2016);
he could not have been satisfied that an owner-builder certificate of consent had been issued contrary to the requirements of section 24A(3) of the Act; and
the application documents did not contain sufficient information to demonstrate compliance with regulation 302 of the Building Regulations 2006, including the requirements of AS1926.1-2012.

Disciplinary action taken

A penalty of $1,500 and a reprimand were imposed.

Registration / Licence: 105337

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 January 2021

Work carried out: Glen Iris

It was alleged and substantiated that the practitioner failed to lodge a compliance certificate within 5 days of completion of plumbing work, and had lodged a compliance certificate which contained a mistatement of fact. Further, it was alleged and substantiated that the practitioner had carried out plumbing work in a class where he was not licensed in, when a compliance certificate was required to be lodged for the work.

1 x 221E(1): carrying out plumbing work (mechanical services) for which a compliance certificate was required, without being licensed to do so
1 x 221ZH(2): failing to, within 5 days of work completed, give the consumer a compliance certificate and/or notify the VBA
1 x 221ZJ: signing and lodging of compliance certificate containing a misstatement of fact.

Disciplinary action taken

Fine $2,973.00
Costs: $78.00

Registration / Licence: 107896

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 13 January 2021

Work carried out:

Hughesdale
Carnegie
Flemington
South Melbourne

It was alleged and substantiated that the practitioner covered the pipes and pipework prior to an inspection by the VBA at four different sites, and failed to provide a compliance certificate with 5 days of completion of the plumbing work with respect to one of the four sites.

4 x 221ZP(2): backfilling below ground sanitary drain prior to inspection by the VBA.
1 x 221ZH(2): failing to, within 5 days of work completed, give the consumer a compliance certificate and/or notify the VBA.

Disciplinary action taken

Fine $1,652.00
Costs: $0.00

Registration: BS-U 1280 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 January 2021

Project site location: Bayswater North

Disciplinary action taken

Reprimand, completion of training course 'CPCCBS6008 - Process building applications for residential buildings up to three storeys’ by 30 December 2021 and provide certificate of attainment within 21 days of completing course.

Summary of grounds

Two grounds of failure to comply with Section 24(1)(a) of the Building Act 1993 in respect of one site in Bayswater North in July 2013 for having issued a building permit when the practitioner should not have been satisfied that the permit would comply with the Act and the Regulations and a non-compliance with the Building Code of Australia that constituted a separate unprofessional conduct ground.

Registration / Licence: 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: 9 December 2020

Project site location: Riddells Creek

The practitioner was found to have contravened:

Section 16 16(1) of the Building Act 1993, in that he carried out building work not in accordance with the building permit. A penalty of $1,000 and a reprimand was imposed.
Section 37H of the Building Act 1993,(2 offences) in that he failed to comply with a written direction to fix building work issued by the building surveyor. A penalty of $1,400 and a reprimand was imposed for each of the two contraventions.
Regulation 265 of the Building Regulations 2018 in that he failed to perform work in a competent manner and to a professional standard by demanding and receiving a progress payment when not entitled to do so as the frame had not been approved by the relevant building surveyor. A penalty of $350 and a reprimand was imposed.

Disciplinary action taken

A total penalty of $2,750 and a reprimand was imposed for each of the contraventions.

Registration: BS-U 1587 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 1 December 2020

Project site locations:

Brighton East
Cranbourne East
Hawthorn East
Kew
Sandringham

The practitioner contravened sections 24 and 44 of the Building Act 1993 and was negligent in particular matters at 6 sites (including 4 with combustible cladding as part of external walls) in relation to the issuing of building permits and occupancy permits for buildings without, as variously required, combustible walls performance solutions, fire resistance level performance solutions, weatherproofing performance solutions or structural provisions performance solutions. 39 grounds for disciplinary action substantiated. Subject to VCAT review.

Disciplinary action taken

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

to suspend the practitioner’s registration for a total of 8 months;
to impose total penalties of $28,000.

Registration / Licence: 106538

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 December 2020

Work carried out: Xavier Grove, Reservoir (Between October 2016 and December 2017)

Disciplinary action taken

Reprimand
Fine: $1,652.20 (10 PU)
Costs: $116.88
Suspend the practitioner’s registration and licence in Roofing (Stormwater) until he completes the following training courses:
- CPCPRF3022A ‘Fabricate and Install roof drainage components’
- CPCPRF3023A ‘Fabricate and install external flashings’
- CPCPCM2048A ‘Cut and Join sheet metal’

Summary of allegations

1 x 221FA for failing to carry out plumbing work that complies with Part 12A of the Act and Plumbing Regulations
1 x 221ZJ for signing a compliance certificate containing a misstatement of fact

Registration / Licence: 20229

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 1 December 2020

Work carried out: Armadale (Between April 2015 and October 2016)

Disciplinary action taken

Reprimand
Fine: $8,261.00 (50 PU)
Costs: $116.88
Next five compliance certificates in gasfitting work to be audited by the VBA

Summary of allegations

1 x 221G(1)(a) for directing or permitting another person to carry out unregistered gasfitting and mechanical services work
1 x 221FA for carrying out non-compliant gasfitting and mechanical services work
1 x 221ZI(2) for stating in the compliance certificate lodged that the work was carried out under his supervision, when the supervised person was not authorised to carry out work; and
1 x 221G(1)(a) for directing or permitting another person to carry out unregistered gasfitting work

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Project site location: Mount Waverley

This matter was the subject of an inquiry by the Building Practitioners Board, under the arrangements prior to 1 September 2016, arising from a failed excavation at 170–174 Highbury Road, Mount Waverley. The practitioner was the relevant building surveyor for the works.

Disciplinary action taken

The Board found proven 4 allegations concerning the issuing of the building permit, the acceptance of engineering certificates and the filing of documents. While the practitioner had been entitled to rely on the engineers’ opinions in assessing whether the permit would result in compliant work, there were numerous anomalies in the documents which were readily identifiable without engineering expertise. The failure to address these with the engineers represented performance below the professional standard required by the regulations.

The Board took the following action under s179(2) of the Building Act:

To reprimand the practitioner
To require the practitioner to pay costs of the Board in the amount of $10,000

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found that the practitioner had contravened regulation 1502(a) of the Building Regulations 2006, in that between 2013 and 2015 on 17 sites, he used trainee inspectors to perform functions which he was responsible for, as the relevant Building Surveyor. The Panel issued the following decision under s179(2) of the Building Act:

Impose a fine of $5,000 and
The Board decided that it will not require the practitioner to pay costs of the Board

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

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 30 November 2020

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found that the practitioner had contravened regulation 1502(a) of the Building Regulations 2006, in that between 2013 and 2015 he allowed a former registered employee to use trainee inspectors to perform functions which he was responsible for, as the relevant Building Surveyor. The Panel issued the following decision under s179(2) of the Building Act:

Impose a fine of $1,000 and
The Board decided that it will not require the practitioner to pay costs of the Board.

Registration:

DB-U 31360 / Domestic Builder (Unlimited)
BD-L 32296 / Demolisher (Low rise)

Decision date: 30 November 2020

Project site location: Sites at Carlton and Cairnlea

Raman Shaqiri’s registrations were cancelled on 7/12/2020.

The practitioner was found to have contravened:

Section 16(3) of the Building Act 1993 (Vic.)(the Act) in that as a director of and person concerned in the management of the offending company, he was by act or omission, directly or indirectly knowingly concerned in or party to the commission of an offence, in that the company permitted building work consisting of the demolition of a hotel at the Carlton site to be carried out where a building permit had not been issued and was not in force
Section 118(1) of the Act in that as a director of and person concerned in the management of the offending company, he was by act or omission, directly or indirectly knowingly concerned in or party to the commission of an offence, in that the company failed to comply with a building order to stop building work given by the Municipal Building Surveyor in relation to the Carlton site
Regulation 607(1) of the Building Regulations 2006 (as they then were in 2016) in that as a director of and person concerned in the management of the offending company, he allowed the company to carry out the demolition work at the Carlton site without the appropriate precautions required by regulation 607(1) and AS 2601-2001
The practitioner was also found to have engaged in unprofessional conduct, in that as a director of and person concerned in the management of the offending company, he was found to have:-
- caused directed, permitted and/or allowed the demolition work to occur at the Carlton site when no building permit had been issued or was in force;
- caused, directed, permitted and/or allowed the demolition work to continue at the Carlton site when a Stop Work Building Order had been issued by the MBS;
- caused, directed, permitted and/or allowed the demolition work to occur at the Carlton site without the precautions required by the building regulations and AS 2601-2001 being taken before and during the carrying out of the demolition work and without that demolition work being supervised and/or carried out by a registered demolisher;
- failed to ensure that a workplace (namely the Carlton site) was safe, by failing to identify that asbestos was likely to be disturbed by the demolition work, and by failing to ensure that, as far as reasonably practicable, that asbestos was removed prior to the demolition work having been commenced;
- failed to comply with a Minor Works Pollution Abatement Notice issued to the company by the Environment Protection Authority, which required the asbestos materials contained in the demolition rubble at the Carlton site to be covered; and
- caused, directed, permitted and/or allowed the depositing of industrial waste of a particular kind at a site not licensed to accept industrial waste of that kind, namely allowing the materials from the demolition work the Carlton site containing chrysotile asbestos, to be deposited at the Cairnlea site.
As a result of those grounds, the Authority additionally determined as a fifth ground that the practitioner was not a fit and proper person to practice as a building practitioner.

Disciplinary action taken

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

Registration: EF 17951: Engineer Fire Safety (EF) / Engineer (Fire Safety): Engineer Fire Safety (EF)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 28 November 2020

Project site location: Docklands

Disciplinary action taken

As a result of a Building Practitioners Board Inquiry hearing, the panel found 2 of the 6 allegations proven and issued the following decision under s179(2) of the Building Act:

Suspend the Practitioner's registration as a fire engineer for a period of six months effective from 2 November 2020;
Impose the maximum fine of 100 penalty units (being $11,945.00) and
Order that the Practitioner be required to pay costs of the Board in the amount of $50,000.00

Registration: CDB-L 49164 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 November 2020

The practitioner is a body corporate. It had its registration suspended for 3 years or until it has a nominee director.

The practitioner’s failure to have a nominee director was a ground for the Authority to take disciplinary action against it under section 179(ha) of the Building Act 1993 (the Act).

As an immediate public protection measure (whilst the above disciplinary proceeding was on foot), the practitioner’s registration was immediately suspended, commencing on 9 November 2020. This was under s 180(e) of the Act, for the same reason, that the practitioner had no nominee director. The immediate suspension will end only if a nominee director is appointed.

Registration / Licence: 51893

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2020

Disciplinary action taken

Decision reserved.

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work in the classes of Mechanical Services and Gasfitting when not registered or licensed in those classes.

Registration / Licence: 33683

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2020

Disciplinary action taken

Fine: $826.10
Costs: $72
Order that practitioner complete further training in installation and fabrication of external flashings (CPCPRF3023A) within 12 months
Next 5 compliance certificates practitioner lodges in respect of roofing to be audited by the VBA

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work, in the class of roofing, that did not comply with the Building Act and Plumbing Regulations. He also signed a compliance certificate that contained a misstatement of fact.

Registration / Licence: 44325

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2020

Disciplinary action taken

Reprimand
Fine: $6,608.80
Costs: $72
Next five compliance certificates in roofing to be audited.

Summary of allegations

It was alleged and substantiated that the accused:

carried out plumbing work, in the class of roofing, which did not comply with the Act and Regulations
permitted or directed another person to carry out plumbing work that was defective in workmanship
lodged a compliance certificate that contained a misstatement of fact
failed to comply with a Rectification Notice issued by a VBA Plumbing Inspector.

Registration: DB-U 21422 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 November 2020

Project site location: Footscray

Single site domestic construction at Footscray. Practitioner demolished a chimney when the building permit and the endorsed plans did not include its removal (s.16(4)(b) of the Act);

Practitioner also proceeded past 3 mandatory notification stages without calling for the inspections required by the building permit (s.33(1)) of the Act).

The practitioner received 2 reprimands and aggregate penalties of $4,500.

Outcome date: 11 November 2020

Prosecuted for:

The accused was charged with:

carrying out plumbing work, in the class of Roofing (Stormwater), when not licensed or registered in that class
carrying out building work without a building permit.

Outcome

Guilty Plea – with conviction
Ordered to pay a fine of $5,000 and VBA costs of $586.65

Registration: BD-L 23093 / Demolisher (Low rise)

Disciplinary proceeding: VBA show cause process

Decision date: 29 October 2020

Project site locations:

Sandringham (2 sites)
Bonbeach

The practitioner contravened section 33(1) of the Building Act 1993 at three sites by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received three reprimands and aggregate penalties of $6,000.

Registration / Licence: 103447

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 October 2020

Work carried out: Neptune Street, St Kilda (On or about 4 August 2014)

Disciplinary action taken

Reprimand
Fine: 30 Penalty Units ($4,956.30)
Costs: $106.25
Order completion of further training in CPCPGS3049A and CPCPGS3061A within 12 months from the date of this Order, failing which the plumber’s licence will be suspended.
Order that the next five compliance certificates lodged in respect of gas unit installation be audited.

Summary of allegations

It was alleged and substantiated that the accused:

carried out gasfitting work that did not comply with the Building Act and Plumbing Regulations
failed to provide a compliance certificate within five days of completing plumbing work.

Registration / Licence: 34097

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 29 October 2020

Work carried out: Xavier Street, Oak Park (On or about 22 May 2018)

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $106.25

Summary of allegations

It was alleged and substantiated that the accused failed to comply with a Rectification Notice issued by a VBA Plumbing Inspector within the time required.

Outcome date: 29 October 2020

Prosecuted for:

The accused was charged with failing to comply with a Building Order – Minor Work, in breach of the Building Act.

Outcome

Placed on a Diversion plan and ordered to donate $500 to Beyond Blue

Registration: BS-L 34264 / Building Surveyor (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 26 October 2020

Project site location: Hampton Park

That contrary to regulation 1502(a) of the Building Regulations 2006 the practitioner did from 16 January 2014 fail to carry out his work as a building practitioner in a competent manner and to a professional standard when despite being on notice from the municipal building surveyor that building work did not accord with the building permit as issued by him, failed to take timely and/or appropriate action.

Reprimand and penalty of $1,500

Outcome date: 22 October 2020

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond for 12 months
Orderd to pay $500 to the Court Fund

Outcome date: 22 October 2020

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond for 12 months
Ordered to pay $1,000 to the Court Fund and VBA costs of $523

Registration: IN-L 18617 / Building Inspector (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 October 2020

Project site location: Kinglake West

The practitioner contravened regulation 1502(a) in relation to four grounds, including:

issuing a certificate of compliance when he knew the revised frame design was not yet approved as part of the building permit
failing to identify non-compliant work at frame stage
failing to identify and report on inadequate surface drainage at site preparation and during construction following pre-slab and frame inspections

Disciplinary action taken

The practitioner received reprimands, total penalties of $9,000 and is required to undertake training in conducting and reporting on initial construction inspections of residential buildings up to three storeys.

Outcome date: 16 October 2020

Prosecuted for:

The accused was charged with

carrying out building work without a building permit
carrying out domestic building work without registration as a domestic builder and without the requisite insurance in place.

Outcome

Guilty Plea – no convicton
Ordered to pay a fine of $5,000 and VBA costs of $712.86

Registration: DB-U 9463 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 October 2020

Project site location: Box Hill South

The practitioner contravened sections 16(1) “carry out building work without permit” and 16(4) “fail to ensure a building permit had been issued” of the Building Act 1993 when he commenced building work on a renovation in Box Hill South when a building permit had not been issued.

The practitioner received a reprimand and fine of $2,000 for each of the two breaches (total $4,000).

Registration: DB-L 20943 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 October 2020

Project site location: Seabrook

The practitioner was found to be not fit and proper to hold registration.

He was also held to have failed to comply with his obligations at one site relating to the construction/installation of a swimming pool, including building without a permit and without the required insurance, demanding money when it could not be claimed due to the absence of insurance, and unprofessional conduct in seeking a retrospective cure for these defaults by relying on a false document.

The practitioner’s registration was cancelled. He was reprimanded and had a penalty of $10,000 imposed.

Registration: CDB-M 48362 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Project site location: Koo Wee Rup

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

The practitioner received a partial suspension for five months or until such time as the Breach of Dispute Resolution Order Notice was cancelled.

The partial suspension ended on 1 December 2020 because the Breach of Dispute Resolution Order Notice was cancelled by DBDRV.

Registration: DB-U 8095 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Project site location: Dandenong

The practitioner contravened regulation 1502(a) of the Building Regulations 2006 in that he failed to carry out his work as a building practitioner in a competent manner and to a professional standard by placing, or causing to be placed, concrete roof tiles, thereby loading the roof structure, without obtaining confirmation from the relevant building surveyor (in the absence of a mandatory inspection of the framework) that the framework was structurally sound to do so.

The practitioner received a reprimand and a penalty of $3,000.

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 October 2020

Relevant legislation

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

Disciplinary action taken

Mr Mattiske’s registrations were cancelled, as is mandatory where a not fit and proper finding is made.

Mr Mattiske was also disqualified from registration in any class of building surveyor or building inspector for three years.

Summary of grounds

The Authority determined that Mr Mattiske is not a fit and proper person to practise as a building practitioner—relevant conduct includes purporting to issue building permits and otherwise perform functions of a building surveyor while suspended.

Registration / Licence: 27084

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 September 2020

Work carried out: Fawkner (Between 10 October and 15 October 2018)

Disciplinary action taken

Fine: 30 Penalty Units ($4,956.30).
Order that the next five certificates of compliance lodged by the practitioner in respect of gas unit installation be audited.

Summary of allegations

It was alleged and substantiated that the accused permitted or directed another person to carry out plumbing work that was defective in workmanship.

Registration / Licence: 107896

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 28 September 2020

Work carried out: Chirnside Park (On or about 16 July 2018)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10).
Order that the next five certificates of compliance lodged by the practitioner for sanitary drainage work be audited.

Summary of allegations

It was alleged and substantiated that the accused:

covered the pipes and pipework prior to booking an inspection with the Authority
failed to provide a compliance certificate with five days of completing the plumbing work.

Outcome date: 24 September 2020

Prosecuted for:

The accused was charged with carrying out domestic building work when not covered by the required insurance.

Outcome

Guilty Plea – no conviction
Ordered to pay a fine of $10,000 and VBA costs of $423

Registration: CDB-U 49971 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2020

The corporate practitioner’s registration was partially suspended on 16 September 2020 because the Authority was notified by Domestic Building Dispute Resolution Victoria (DBDRV) that it had been issued with a Breach of Dispute Resolution Order Notice (the BODRON).

For the total duration of the suspension, the practitioner can continue to work on the site, the subject of the BODRON.

For the first 48 days of the suspension, the practitioner could also work on existing projects.

The suspension is to end on 16 September 2022 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: CB-L 45284 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 September 2020

Project site location: Melbourne

The practitioner contravened section 33(1) of the Building Act 1993 on four instances at the one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage specified in the four staged building permits.

The practitioner received four reprimands and penalties totalling $6000.

Registration: DB-L 33190 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 September 2020

Project site locations:

Moonee Ponds
Brunswick West
Mill Park
Carlton
Essendon

With respect to the site at Moonee Ponds, the practitioner was found to have contravened:

section 16(1) of the Building Act (the Act), in that he caused building work to be carried out when a building permit had not been issued and was not in force;
section 136(2) of the Act, in that he carried out, managed and/or arranged work under a major domestic building contract when not covered by the required insurance;
regulation 1502(a) of the Building Regulations 2006, in that he:
- failed to give the site owners a copy of the building contract;
- failed to ensure the works were carried out with reasonable care and skill and in a proper and workmanlike manner;
- failed to adequately manage, supervise and control the works;
- failed to ensure the works progressed in a timely manner;
- demanded, received and retained moneys from the owners not yet due; and
- failed, refused and neglected to complete incomplete works, having abandoned the site.

With respect to the site at Brunswick West, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to ensure the works were carried out with reasonable care and skill;
failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
demanded, received and retained payment for a progress claim when not yet entitled to same;
demanded payment for a further progress claim when not entitled to same; and
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site.

With respect to the site at Mill Park, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to adequately manage, supervise and control the works;
failed to ensure the works were carried out with reasonable care and skill and in a proper and workmanlike manner; and
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site.

With respect to the site at Carlton, the practitioner was found to have contravened regulation 1502(a) of the Building Regulations 2006, in that he:

failed to ensure the works progressed in a timely manner;
failed to complete the works within the period specified by the contract;
failed to ensure the works were carried out with reasonable care and skill;
failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
failed to comply with a written direction as to work given by the relevant building surveyor;
failed, refused and neglected to attend to the incomplete and defective works, having abandoned the site; and
demanded, received and retained payment for progress claims not yet due.

With respect to the site at Essendon,the practitioner was found to have contravened:

section 16(1) of the Building Act (the Act), in that he caused building work to be carried out when a building permit had not been issued and was not in force;
section 136(2) of the Act, in that he carried out, managed and/or arranged work under a major domestic building contract when not covered by the required insurance;
section 246 of the Act, in that he knowingly provided false or misleading information to a person carrying out a function under the Act, namely drawings altered without the knowledge or consent of the owners he provided to the relevant building surveyor for a permit;
regulation 1502(a) of the Building Regulations 2006, in that he:
- failed to take all reasonable steps to ensure the correct building permit number and issue date were displayed at the site and then failed, refused and neglected to correct that site sign when put on notice it contained incorrect permit details;
- varied the building work without the knowledge and consent of the owners;
- failed to ensure the works progressed in a timely manner and within the period specified by the contract;
- failed to adequately manage, supervise and control the works;
- failed to ensure the works were carried out in a proper and workmanlike manner and in accordance with the plans and specifications set out in the contract;
- substantially progressed the works beyond the framework stage when the mandatory inspection had not yet been approved;
- permitted and allowed the subject owners to fill the spa and to leave the spa filled when no safety barrier was in place and no certificate of final inspection had been issued; and
- acted in a discourteous manner toward the owners.

On the basis of the grounds above, the practitioner was:

found to have engaged in unprofessional conduct;
found to have engaged in conduct constituted by a pattern of incompetence; and
found not to be a fit and proper person to practise as a building practitioner.

The practitioner’s registration was cancelled and he was disqualified from registration for 3 years. Penalties totalling $15,000 and 10 reprimands were also imposed.

Registration: BS-U 1301 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2020

Project site location: Bonbeach

The practitioner contravened section 24(1)(d) of the Building Act 1993 at one site by issuing a building permit when he could not have been satisfied that it would be consistent with the relevant planning permit.

The practitioner received one reprimand and a $4000 penalty.

Registration: BS-U-31016 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 September 2020

Project site location: 165 sites

In relation to appointments occurring between 2012 and 2016, the practitioner was found to have contravened:

section 80 of the Building Act 1993 (the Act), in that he failed to notify the relevant council of his appointment within 7 days (19 counts);
section 30(1) of the Act, in that he failed to lodge a copy of the building permit and other plans and documents lodged with that application within 7 days (59 counts);
section 30(2) of the Act, in that he failed to provide the relevant council the prescribed lodgement fee upon lodgement of section 30(1) permit documents (7 counts);
regulation 313(3)(b) of the Building Regulations 2006 (Vic.) (the 2006 Regulations), in that he issued a building permit which did not include mandatory notification stages in accordance with regulation 901 (3 counts)
regulation 313(3)(a) of the 2006 Regulations, in that he issued a building permit nominating a time limit for completion of the building work which did not accord with regulation 315(1)(b)(i) (4 counts);
regulation 1012(a) of the 2006 Regulations, in that he failed to give the relevant council a copy of the Certificate of Final Inspection within 7 days of issue (18 counts);
regulation 1012(b) of the 2006 Regulations, in that he failed to give the relevant council inspection approval dates for mandatory notification stages (6 counts);
section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied the building work and that permit would comply with the Act and the building regulations (4 counts);
section 24(1)(b) of the Act, in that he issued a building permit when he could not have been satisfied the consent of the reporting authority had been obtained;
section 24(1), subsections (a) and (b), in that he issued a building permit when he could not have been satisfied that the building work and the permit would comply with the Act and the Building Regulations and when he could not have been satisfied the consent of the reporting authority had been obtained;
regulation 322(a) of the 2006 Regulations, in that he failed to forward to the VBA in the approved form details of the Certificate of Final Inspection (22 counts)
regulation 322(b)(ii) and then regulation 322(a) of the 2006 Regulations, in that he failed to forward to the VBA details of the lapsed building permit and then subsequently failed to forward to the VBA details of the Certificate of Final Inspection later issued (27 counts);
regulation 322(b)(ii) of the 2006 Regulations, in that he failed to forward to the VBA details of the lapsed building permit (47 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed; and
- failed to refer a failure to comply with a Building Order for Minor Work to the VBA (7 counts)
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed;
- failed to refer a failure to comply with a Building Order for Minor Work to the VBA; and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection issued contrary to regulation 322(a) (3 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed;
- failed to refer a failure to comply with a direction as to the work to the VBA; and
- thereafter, failed to take timely and appropriate enforcement action despite being aware the safety barrier was non-compliant (6 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of the lapsed building permit contrary to regulation 322(b)(ii); and
- failed to take timely and appropriate enforcement action on the lapsing of the building permit to ensure any danger due to incomplete work was addressed
  (8 counts);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA in the approved form details to his knowledge of a lapsed permit contrary to regulation 322(b)(ii);
- failed in a timely manner to take appropriate action upon the lapsing of the building permit to ensure any danger due to incomplete building work was addressed; and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection issued contrary to regulation 322(a);
regulation 1502(a) of the 2006 Regulations, in that he:
- failed to forward to the VBA details of a lapsed building permit contrary to regulation 322(b)(ii); and
- thereafter, failed to forward to the VBA details of the Certificate of Final Inspection later issued contrary to regulation 322(a);
regulation 322(b)(i) of the 2006 Regulations, in that he failed to forward to the VBA details of building work which had been abandoned;
section 34 of the Act, in that he failed to cause building work to be inspected upon being notified of the final mandatory inspection stage (34 counts);
section 34 of the Act and then section 38 of the Act, in that he failed to cause building work to be inspected upon being notified of the final mandatory inspection stage and then later failed to issue a Certificate of Final Inspection upon completion of a final inspection;
section 38(1) of the Act, in that he failed to issue a Certificate of Final Inspection following the completion of the final inspection (12 counts);
regulation 1502(a) of the 2006 Regulations, in that he issued a Certificate of Final Inspection containing the incorrect approval date of the mandatory final inspection (24 counts);
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier at a site in Sunbury;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier at a further site in Sunbury and then issued a Certificate of Final Inspection for those works when the pool barrier remained non-compliant;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action with respect to an illegally constructed and non-compliant pool barrier constructed over an easement at a site in Greenvale, issued a deficient building order, failed to respond to the municipal building surveyor’s enquires as to whether the building order had been complied with or cancelled and then issued a second building permit when he knew or ought to have known the works the subject of that permit had already been substantially carried out;
regulation 1502(a) of the 2006 Regulations, in that he issued a building permit with respect to a site in Essendon which specified an incorrect site address and incorrect relevant council;
regulation 1502(a) of the 2006 Regulations, in that he issued a Certificate of Final Inspection which contained incorrect dates (2 counts);
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and/or appropriate enforcement action in respect of a non-compliant and illegally constructed fence constructed on top of the permitted works for a site in Rippleside;
regulation 1502(a) of the 2006 Regulations, in that he failed to take timely and appropriate enforcement action in respect of non-compliant building works at a site in Gisborne despite having advised the Municipal Building Surveyor in writing that he would serve a Building Notice;
section 125(2) of the Act, in that he failed to notify the relevant council within 7 days that a Building Notice had been complied with or cancelled; and
section 125(1) of the Act, in that he failed to notify the relevant council that he issued a Building Order.

The practitioner was also found to have engaged in three counts of unprofessional conduct, in that he:

failed over a prolonged period and in relation to multiple sites to respond to written and oral communications from one particular builder relating to his professional obligations as relevant building surveyor and as he caused an email to be sent to that builder stating his building permits would be ‘revoked’ unless outstanding professional accounts were paid by the builder; and
failed, refused and neglected to fulfil his statutory obligations and professional obligations as appointed relevant building surveyor with respect to a site in Williams Landing from August 2016; and
failed, refused and neglected to fulfil his statutory obligations and professional obligations as appointed relevant building surveyor with respect to a site in Armstrong Creek between the period of September 2015 and June 2017.

As a result of the above grounds, the practitioner was also found to have engaged in conduct in relation to his practice as a building surveyor constituted by a pattern of incompetence.

Disciplinary sanctions were imposed as follows:

A partial suspension of the practitioner’s registration as a Building Surveyor – Unlimited until the practitioner provided evidence to the VBA that he held the required insurance (since complied with);
Three ongoing conditions on the practitioner’s registration (Building Surveyor – Unlimited):
- Condition 1: ‘The practitioner must not accept any new appointment as a private building surveyor relating to building work for, or in connection with, swimming pools, spas and/or swimming pool or spa safety barriers’;
- Condition 2: ‘The practitioner must not personally approve or carry out any inspection directly involving swimming pools, spas and/or safety barriers and must cause an appropriately registered inspector to carry out any such inspection where required’; and
- Condition 3: ‘The practitioner must not accept any new appointment as a private building surveyor unless that appointment is made in the course of his employment as an employee of a registered body corporate building surveyor (of which he is not a director)’;
directions requiring the practitioner to:
- lodge 43 sets of missing section 30(1) documents with relevant councils;
- lodge 14 missing certificates of final inspection with relevant councils;
- produce evidence of a policy of the required insurance for all existing appointments (or otherwise serve transfer of appointment forms for specified historical sites where functions are not completed);
- cause site inspections using a contract building inspector and then issue certificates of final inspection or take enforcement action (as appropriate) relating to 60 sites with swimming pool and barrier works with lapsed building permits;
- cause site inspections using a contract building inspector and take enforcement action (as appropriate) relating to 3 further swimming pool and barrier sites where a non-compliant barrier has been identified;
- cause a site inspection using a contract building inspector and take enforcement action (as appropriate) with respect to one other site relating to a non-compliant and illegally constructed fence constructed on top of the subject building work; and
- within 12 months report to the VBA on the status of the sites that are the subject of the above directions;
a requirement that the practitioner complete training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’; and
31 reprimands.

Outcome date: 24 August 2020

Prosecuted for:

The accused was charged with carrying out plumbing work, in the class of Water Supply, when not licensed or registered in that class.

Outcome

Guilty Plea – no conviction
Placed on a good behaviour bond of six months
Ordered to pay VBA costs of $423

Registration:

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

Decision date: 20 August 2020

On 20 August 2020, the Authority immediately suspended the registrations of Simon Mattiske under section 180A(2A) of the Building Act 1993, because the Authority considered it in the interests of the public to do so, pending show cause.

The immediate suspension will conclude on 10 July 2023 (unless revoked).

Registration: CB-U 7144 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 August 2020

Project site location: Hopetoun

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received a reprimand and a $1500 penalty.

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 10 August 2020

Project site location: Clayton

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

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

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

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

Subject to VCAT review.

Disciplinary action taken

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

to reprimand the practitioner on each of 4 grounds;
to suspend all of the practitioners registrations for a total of 3 months
to impose total penalties of $20,000.

Registration: BS-U 1329 / Building Surveyor (Unlimited)

Decision date: 4 August 2020

Disciplinary action taken

Reprimands and penalties $14,000 and nine month suspension

Summary of grounds

Approving the use of combustible cladding at two apartment buildings and issuing occupancy permits when buildings were noncompliant in several respects and not suitable for occupation with one building being issued with an emergency order by the relevant council. Subject to VCAT review

Registration: CB-U 2790 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 31 July 2020

Project site location: Dandenong South

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage specified in the building permit.

The practitioner contravened section 16(4)(b) of the Act at one site by constructing the building work in the wrong location and not as per the building permit-endorsed plans.

The practitioner received two reprimands and penalties totalling $6000.

Registration:

BS-L 42775 / Building Surveyor (Limited)
IN-U 38524 / Building Inspector (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 28 July 2020

Project site locations:

Trafalgar
Longwarry
Drouin (2 sites)
Nilma
Kalimna
Traralgon

With respect to a site at Trafalgar:

the practitioner was found to have contravened section 24(1)(a) of the Building Act 1993 (the Act), in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have acted negligently with respect to his practise as a building surveyor by issuing a building permit contrary to section 24(1)(a) of the Act;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018, in that he failed to take timely and appropriate action following an inspection, failed to attend a meeting with the relevant council, caused, permitted or directed an employee to provide inaccurate, false and/or misleading information and failed to provide the relevant council with prescribed information concerning an inspection.

With respect to a site at Longwarry:

the practitioner was found to have contravened section 246 of the Act, in that he provided a section 80 Notice to the relevant council which he knew, or ought to have known, contained false and misleading information;
the practitioner was found to have contravened section 24(1)(a) of the Act on two occasions, in that he issued two building permits when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have contravened section 44(a) of the Act, in that he issued an occupancy permit in circumstances where the subject building was unsuitable for occupation;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018, in that he demonstrated a lack of knowledge and/or understanding of the requirements of Clause C3.4 of NCC Volume 1-2016, failed to research the lightweight wall system used by the builder to establish suitability, failed to comply with the undertaking given to the relevant council to provide documents concerning its suitability, failed to address, or respond to, non-compliance issues raised by the MBS’ correspondence and failed to sign or alternatively, failed to lodge, a signed copy of an occupancy permit with the relevant council.

With respect to a site at Drouin:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he approved a mandatory inspection when the building work was not compliant and/or when the as-built works did not accord with the endorsed design, subsequently endorsed an amended drawing which still did not demonstrate that the works would comply with the Act and Regulations; and failed to address non-compliance issues raised by the MBS.

With respect to a further site at Drouin:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he failed to endorse the approved building permit documents, approved a mandatory inspection when the building work did not accord with the building regulations and failed to address, or to adequately address, non-compliance issues raised by the MBS.

With respect to a site at Nilma:

the practitioner was found to have contravened section 176(2)(b) of the Act, in that he carried out work as a building surveyor not authorised by his registration;
the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations.

With respect to a site at Kalimna:

the practitioner was found to have contravened section 24(1)(a) of the Act, in that he issued a building permit when he could not have been satisfied that the building work and building permit would comply with the Act and the building regulations;
the practitioner was additionally found to have contravened section 24A(1) of the Act, in that he issued a building permit when he could not have been satisfied of the matters required by sub-sections 24A(1)(a), 24A(1)(b) and/or 24A(1)(c) of the Act;
the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard, contrary to regulation 265(a) of the Building Regulations 2018, in that he caused, directed, or permitted an employee of his company to provide incorrect advice to an owner concerning whether a building permit was required;
the practitioner was found to have engaged in unprofessional conduct, in that he issued and signed a written record of inspection indicating a mandatory inspection had been approved by a contract building inspector when that inspection was not approved and those works were not certified as compliant by that contract inspector;
the practitioner was found to have contravened section 246(2) of the Act, in that he caused to be provided to the relevant council a copy of a certificate of final inspection he knew to be false and/or misleading.

With respect to a Site at Traralgon:

the practitioner was found to have failed to carry out his work in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006, in that he approved a mandatory inspection when the subject shed was not sited in accordance with the approved plans;
the practitioner was found to have engaged in unprofessional conduct, in that he failed to provide the documents required by the relevant council in respect of a report and consent application in a timely fashion, stated to the owner he had lodged that documentation when he had not done so, failed to take any action concerning the application within the requisite 30-day period and failed to keep the owner apprised of the status of that application and/or failed to notify the owner of the relevant council’s refusal of that application in a timely fashion.

The practitioner was found to have engaged in conduct in relation to his practice as a building surveyor which was constituted by a pattern of incompetence.

The VBA determined that the practitioner was not a fit and proper person to practise as a building practitioner.

Following an immediate suspension on public interest grounds, the practitioner’s registrations were cancelled and he was disqualified from seeking registration for three years or until specified re-training was successfully completed (if that occurred sooner).

Penalties totalling $15,000 were also imposed.

Registration: BS-U 22903 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 July 2020

Project site location: Mickleham (5 sites)

The practitioner contravened section 24(5) of the Building Act 1993 by issuing building permits with respect to proposed developments at five sites in Mickleham while the Community Infrastructure Levy payment was outstanding.

Disciplinary action taken

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

In determining not to impose a monetary penalty, the Authority took note of the practitioner taking personal responsibility for payment of the outstanding Community Infrastructure Levy

Registration: CB-U 58045 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 July 2020

Project site location: Lalor

The practitioner contravened section 33(1) of the Building Act 1993 at one site by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received a reprimand and a penalty of $3,000.

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

Disciplinary proceeding: VBA show cause process

Decision date: 6 July 2020

Project site locations:

Wyndham Vale
Tarneit
Wollert

The practitioner contravened section 33(1) of the Building Act 1993 at three sites by failing to notify the relevant building surveyor of the completion of each mandatory notification stage.

The practitioner received reprimands and total penalties of $6,000.

Registration:

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

Disciplinary proceeding: VBA show cause process

Decision date: 26 June 2020

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

Disciplinary action taken

Reprimand $500 Penalty

Registration:

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

Decision date: 16 June 2020

The practitioner was suspended because he was an officer of an insolvent company.

That suspension was to run until 7 February 2023, or until the practitioner was no longer an officer of the insolvent company.

The liquidation of the company concluded on 24 July 2020 and, consequently, so too did the suspension.

Registration: DB-U 27481 / 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: DB-U 5358 / 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: DB-U 47524 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 June 2020

Disciplinary action taken

Impose a condition on registration prohibiting new building work in excess of $16,000 pending termination of external administration

Summary of grounds

Officer of an entity under external administration

Registration: DB-U 20091 / 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: DB-L 61444 / Domestic 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 5869 / 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: DB-U 33965 / 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:

DB-M 31761 / Domestic Builder (Manager)
DB-L 31706 / Domestic 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-M 1234 / Domestic Builder (Manager)

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 38133 / 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: DB-U 43276 / 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:

DB-U 32291 / Domestic Builder (Unlimited)
CB-L 32295 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 June 2020

Disciplinary action taken

Cancellation of registration

Summary of grounds

Officer of an entity under external administration

Registration: DB-U 18928 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 June 2020

Disciplinary action taken

Cancellation of registration

Summary of grounds

Officer of an entity under external administration

Outcome date: 21 May 2020

Prosecuted for:

The accused was charged with holding himself out to be a registered building practitioner (in this case, a commercial builder) and knowingly providing misleading information to the relevant building surveyor in relation to a shop fit-out, breaching the Building Act in the process.

Outcome

Guilty plea – with conviction
Fined $30,000

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

Disciplinary proceeding: VBA show cause process

Decision date: 14 May 2020

Project site location: Seaford

The practitioner was engaged by a homeowner to demolish an existing fence and construct a new one at a site in Seaford.

The homeowner lodged an application with Domestic Building Dispute Resolution Victoria (DBDRV) because the building work was not completed. DBDRV issued a Dispute Resolution Order requiring the building work to be completed. As the building work was not completed in the time specified in the Dispute Resolution Order, DBDRV issued the practitioner with a Breach of Dispute Resolution Order Notice and notified the VBA of its issue.

As required under the Building Act, the VBA partially suspended the practitioner’s registration for four months OR until the VBA received notice from DBDRV that the Breach of Dispute Resolution Order Notice had been cancelled (if that occurred sooner).

The partial suspension suspended all building work, except for building work at the Seaford site, and for a brief period only, existing projects.

Relevant legislation

Section 179(1)(db) of the Building Act 1993.

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

Disciplinary proceeding: VBA show cause process

Decision date: 1 May 2020

Disciplinary action taken

Reprimands, penalties $9,600 and suspension and cancellation of registration and disqualification for two years and six months

Summary of grounds

Approving the use of combustible cladding on six sites and issuing occupancy permits when the buildings were not suitable for occupation with a number of buildings later subject to emergency orders issued by relevant councils

Registration: DB-U 25438 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 30 April 2020

Project site location: Templestowe

A company of which the practitioner was a director carried out building work at two units in Templestowe (for one unit, up to lock-up stage) when the staged permits for the site had only permitted work to frame stage.

The company was held to have carried out building work without a building permit and not in accordance with the building permits that had been issued.

Furthermore, the building work was determined to have been carried out not to the standard of competence and professionalism required of a registered building practitioner because the building work did not comply with the legislative framework relating to building permits and was not adequately supervised.

As director of the company, the practitioner was held responsible.

The practitioner has been suspended for six months, reprimanded and received a penalty of $18,000.

Relevant legislation

Sections 16(1) and 16(4) of the Building Act 1993
Regulation 1502(a) of the Building Interim Regulations 2017 and 265(a) of the Building Regulations 2018.

Registration: DB-U 32756 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 April 2020

Disciplinary action taken

Reprimands, penalties $4,000 and within 12 months successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects and CPCCBC4016A: Administer a construction contract

Summary of grounds

Carrying out building work without a building permit, failure to obtain foundations data, failure to obtain required insurance, misrepresenting that did have required insurance, receiving money before holding required insurance and noncompliant contract documentation.

Registration: DB-L 20059 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 23 April 2020

Disciplinary action taken

Reprimands and penalties $4,000

Summary of grounds

Failure to call for mandatory inspections in relation to swimming pool construction

Registration:

BS-L 42775 / Building Surveyor (Limited)
IN-U 38524 / Building Inspector (Unlimited)

Decision date: 23 April 2020

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

The immediate suspension commenced on 30 April 2020 and will conclude on 20 April 2023 (unless revoked sooner).

Registration:

DB-U 21621 / Domestic Builder (Unlimited)
CB-L 36550 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 14 April 2020

Disciplinary action taken

Reprimands, penalties $8,000 and within 12 months successful completion of CPCCBC4009B: Apply legal requirements to building and construction projects

Summary of grounds

Failure to call for inspections at mandatory notification stages and obstructing inspections by an authorised person

Registration:

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:

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

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

Registration: BS-U 1093 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 February 2020

Project site location: Oakleigh South

The practitioner contravened section 44(1)(b) of the Building Act 1993 in that an occupancy permit was issued without sighting the required compliance certificate for plumbing work. The practitioner received a reprimand.

Outcome date: 17 February 2020

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Mechanical Services work by installing an evaporative cooler without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $200 and VBA costs of $1,080

Outcome date: 17 February 2020

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed classes of Gasfitting, Water Supply and Sanitary work by installing a gas cooker, hot water service and mixer tap without being licensed or registered in those prescribed classes, contravening the Building Act.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $2,000 and VBA costs of $1,066

Outcome date: 17 February 2020

Prosecuted for:

The accused was charged with carrying out plumbing work (in the form of below-ground drainage work) without being registered or licensed in any prescribed class for gluing and connecting pipes for sewerage and stormwater.

Outcome

Ex parte hearing – no conviction
Ordered to pay a fine of $500 and VBA costs of $944

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 contravened various section sof the Building Act. He was charged with:

carrying out plumbing work in the prescribed class of Gasfitting by carrying out servicing work on a Type A natural gas ducted heater without being licensed or registered in the prescribed class
using the title of ‘licensed plumbing practitioner’
holding himself out as a registered plumbing practitioner.

Outcome

Ex parte hearing – with conviction
Fined $4,000 and ordered to pay VBA costs of $1,160

Outcome date: 12 February 2020

Prosecuted for:

The accused was charged with 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 was charged with holding himself out to be a registered builder, breaching the Building Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay VBA costs of $949

Registration / Licence: 106235

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out:

Kew (November 2017 to February 2018)
Brunswick East (On or about 12 November 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 20 Penalty Units ($3,304.40)
Costs: $145.80
Practitioner to undertake CPCPGS3057A – ‘Size consumer gas piping systems’ within 12 months, otherwise his licence will be suspended.
Practitioner to offer his next five compliance certificates for audit.

Summary of allegations

It was alleged and substantiated that the accused:

carried out plumbing work in the classes of Gasfitting, Sanitary and Roofing (Stormwater) that was not compliant with the Building Act and Plumbing Regulations
backfilled a below-ground sanitary drain without first offering it up for inspection by the VBA
signed and lodged a compliance certificate containing a misstatement of fact.

These offences contravened several sections of the Building Act.

Registration / Licence: 110578

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out: Wodonga (On or about 17 October)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $72.90

Summary of allegations

It was alleged and substantiated that the accused carried out Drainage work while unregistered and unlicensed in that class, contravening the Building Act.

Registration / Licence: 29154

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 February 2020

Work carried out: Bentleigh (1 January to 31 December 2014)

Disciplinary action taken

Reprimand
Fine: 35 Penalty Units ($5,782.70)
Costs: $72.90
Practitioner to offer his next five compliance certificates for audit.

Summary of allegations

The accused faced 52 grounds of carrying out plumbing work in the classes of Roofing, Mechanical Services and Gasfitting that was not compliant with the Building Act and Plumbing Regulations.

Two further grounds involved the accused signing and lodging compliance certificates containing misstatements of fact.

A further allegation concerned the accused’s failure to comply with a Rectification Notice issued by the VBA within the required time frame.

All allegations were substantiated during the inquiry.

Outcome date: 4 February 2020

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $10,000 and VBA costs of $952

Registration / Licence: 106329

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Vermont (September to November 2018)

Disciplinary action taken

Fine: Aggregate 16 Penalty Units ($2,643.52)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out Mechanical Services and Water Supply work while unregistered and unlicensed in those prescribed classes, breaching various sections of the Building Act in the process.

Registration / Licence: 35184

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Croydon (26 July 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused permitted or directed another person to carry out Water Supply work when that person was not registered or licensed in the relevant class. This was a breach of the Building Act.

Registration / Licence: 114537

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Fawkner (October 2018)

Disciplinary action taken

Cancellation of registration in all classes of gasfitting pending completion of CPCPGS3061A ‘Installation and Commission of Type A Gas Appliances’.
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work (Gasfitting) that not compliant with the Building Act and Plumbing Regulations.

Registration / Licence: 48036

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Vermont (January 2019)

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused signed and lodged a compliance certificate containing a misstatement of fact, contravening the Building Act.

Registration / Licence: 111441

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 21 January 2020

Work carried out: Williamstown (1 November 2018 to 6 February 2019)

Disciplinary action taken

Reprimand
Suspension of registration in prescribed classes of Sanitary, Water Supply and Roofing (Stormwater) work for 12 months.
Costs: $71.50

Summary of allegations

It was alleged and substantiated that the accused carried out plumbing work in the prescribed classes of Roofing (Stormwater), Sanitary and Water Supply while unregistered and unlicensed in those classes, breaching the Building Act.

Outcome date: 17 January 2020

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Gasfitting work by installing a Type A natural gas appliance without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Fined $300

Registration: DB-U 19984 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 January 2020

Project site location: Doncaster East

Disciplinary action taken

Ground One: Failure to ensure adequate supervision of procedure for protection works

Requirement to successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Two: Failure to ensure backfilling carried out with reasonable skill in a timely manner

Requirement that the practitioner successfully complete within 12 months the following nationally accredited training units:
- CPCCBC4007A – ‘Plan building or construction work’; and
- CPCCBC4008B – ‘Conduct on-site supervision of building and construction projects’.
Direction that the practitioner provide copies of his statements of attainment demonstrating successful completion of the above training units to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $1,500.

Ground Three: Failure to ensure boundary fencing acting as pool barrier was rectified or reinstated

Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Four: Multiple failures to comply with Directions to Fix

Reprimand.
Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Ground Five: Causing the owners of the site to fail to comply with a Building Order

Reprimand.
Requirement that the practitioner successfully complete within 12 months the nationally accredited training unit CPCCBC4009B – ‘Apply legal requirements to building and construction projects’.
Direction that the practitioner provide a copy of his statement of attainment demonstrating successful completion of the above training unit to the Practitioner Discipline Unit within 14 days of receipt.
Penalty of $2,000.

Summary of grounds

Ground One: Failure to ensure adequate supervision of procedure for protection works
The practitioner contravened regulation 1502(a) of the Building Regulations 2006 (the Regulations) which required him to perform his work as a building practitioner in competent manner and to a professional standard because he caused the owner of the site to fail to comply with the protection works provisions of the Building Act 1993 (the Act) both before and after an over-excavation of the site.

Ground Two: Failure to ensure backfilling carried out with reasonable skill in a timely manner
The practitioner contravened regulation 1502(a) of the Regulations which required him to perform his work as a building practitioner in competent manner and to a professional standard because he failed to ensure that backfilling was carried out with reasonable skill and in a timely manner.

Ground Three: Failure to ensure boundary fencing acting as pool barrier was rectified or reinstated
The practitioner contravened regulation 1502(a) of the Regulations which required him to perform his work as a building practitioner in competent manner and to a professional standard because he failed to ensure that a boundary fence acting as a swimming pool barrier was reinstated.

Ground Four: Multiple failures to comply with Directions to Fix
The practitioner contravened section 37H of the Act because he failed to comply with Directions to Fix on three occasions.

Ground Five: Causing the owners of the site to fail to comply with a Building Order
The practitioner contravened regulation 265 of the Building Regulations 2018 which required him to perform his work as a building practitioner in competent manner and to a professional standard because he caused the owners of the site to fail to comply with a building order, in breach of section 118 of the Act.

Outcome date: 1 January 2020

Prosecuted for:

Outcome

Outcome date: 19 December 2019

Prosecuted for:

The accused was charged with holding himself out to be a registered building practitioner while not registered in any category or class in relation to a shop fit-out, breaching the Building Act in the process.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $2,500 and VBA costs of $826

Outcome date: 19 December 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit. She was the property owner.

Outcome

Guilty plea
Diversion plan with condition
Ordered to donate $300

Outcome date: 19 December 2019

Prosecuted for:

The accused committed various breaches of the Building Act. He was charged with carrying out domestic building work without a building permit, registration or required insurance.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $10,000 and VBA costs of $946

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

It was alleged and substantiated that the accused permitted or directed another person to carry out Mechanical Services work (duct fixing) when that person was not registered or licensed in the relevant class, breaching the Building Act.

Registration: BS-U 1091 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 December 2019

Disciplinary action taken

Reprimands, penalties $40,000, cancellation of registration, disqualification for two years

Summary of grounds

Approving the use of noncompliant combustible cladding on two sites (including one not issued with an occupancy permit) and failing to ensure requirements of a determination of Building Appeals Board were complied with in relation to a site that was issued with an emergency order to evacuate. Subject to VCAT review

Registration / Licence: 46353

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 December 2019

Work carried out: Clyde North (26 July 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $44.69

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, breaching the Building Act.

Registration / Licence: 52067

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 December 2019

Work carried out: Abbotsford (13 September 2017)

Disciplinary action taken

Reprimand
Fine: Aggregate 40 Penalty Units ($6,608.80)
Costs: $44.69
Practitioner to offer his next five gas fire installations for audit within six months from the date of the Order, failing which his gasfitting licence will be suspended.

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
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.

Summary of grounds

Ground 1: The practitioner contravened section 16(4) of the Building Act 1993 (Act) in that the company of which he was a director did not ensure that building work, namely the demolition of an existing residential dwelling, for which it was engaged to carry out, was carried out in accordance with the Act and the building regulations (by operation of the deeming provision in the Act given the practitioner’s directorship of the company).

Ground 2: The practitioner contravened section 31(1) of the Domestic Building Contracts Act 1995 (DBCA) in that the company of which he was a director entered into a major domestic building contract for building work, namely the demolition of an existing residential dwelling, which failed to comply with sub-sections 31(1)(b), (g) to (k) and (n) of the DBCA (by operation of the deeming provision in the Act given the practitioner’s directorship of the company).

Outcome date: 10 December 2019

Prosecuted for:

The accused was charged with commencing protection work before providing the adjoining owner with a copy of the insurance contract covering the work, breaching the Building Act.

Outcome

Guilty plea
VBA costs of $998

Registration: BS-U 24084 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 December 2019

Disciplinary action taken

Reprimand

Summary of grounds

Issuing building permits for demolition and a new dwelling based on inadequate information, failure to require appropriate protection work

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

Disciplinary proceeding: VBA show cause process

Decision date: 9 December 2019

Disciplinary action taken

Reprimand and three month suspension

Summary of grounds

Failure to pay a penalty imposed under a previous show cause process and failure to comply with agreement to vary contract.

Registration: DB-M 36724 / Domestic Builder (Manager)

Disciplinary proceeding: VBA show cause process

Decision date: 5 December 2019

Project site location: Wyndham Vale

The practitioner contravened regulation 1502(a) in that he failed to complete the building works by the due date specified in the domestic building contract.

The practitioner contravened section 19 of the Domestic Building Contracts Act in that he refused to permit reasonable access to the site by the owner’s inspector.

The practitioner received reprimands and total penalties of $4,000.00.

Registration / Licence: 50583

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Ocean Grove (19 November 2018)

Disciplinary action taken

Fine: Five Penalty Units ($826.10)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused breached the Building Act by backfilling a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection.

Registration / Licence: 111018

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Doreen (30 January 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 20 Penalty Units ($3,304.40)
Costs: $163.84

Summary of allegations

It was alleged and substantiated that the accused failed to ensure plumbing work was carried out in a good and workmanlike manner and failed to provide a compliance certificate within five days of completing work, breaching various sections of the Building Act.

Registration / Licence: 112952

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out:

Epping (15 November 2017)
Hampton East (5 January 2018)
Parkdale (18 January 2018)
Mentone (15 February 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 50 Penalty Units ($8,261.00)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused committed multiple breaches of the Building Act. The accused:

backfilled a below-ground sanitary drain without notifying the VBA that the drainage work was available for inspection
failed to provide compliance certificates within five days of completion of work in five instances
failed to provide the VBA with a plan of the sanitary drain.

Registration / Licence: 48642

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Greensborough (16 November to 16 December 2017)

Disciplinary action taken

Fine: Four Penalty Units ($660.88)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused allowed a person to carry out plumbing work (Mechanical Services) when that person was not registered or licensed to carry out that class of work, breaching the Building Act.

Registration / Licence: 37169

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Sunshine (August 2017)

Disciplinary action taken

Reprimand
Fine: Five Penalty Units ($826.10)
Costs: $44.69
Require practitioner to complete core competency units prior to relicensing:
- BSBSMB401A – Establish legal and risk management requirements of small business
- CPCPCM4011A – Carry out work-based risk-control processes
- CPCPCM4012A – Estimate and cost work

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

backfilling a below-ground sanitary drain without first notifying the VBA the drainage work was available for inspection
failing to sign and lodge a compliance certificate for the work within five days of completion.

Registration / Licence: 101489

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 4 December 2019

Work carried out: Koo Wee Rup (July 2017)

Disciplinary action taken

Reprimand
Fine: Aggregate 30 Penalty Units ($4,956.60)
Costs: $44.69

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act. The accused:

carried out specialised plumbing work (gasfitting) involving Type A Appliance Conversion work while unregistered and unlicensed in the prescribed class
carried out plumbing work that was not compliant with the Building Act and Plumbing Regulations
signed and lodged a compliance certificate containing a misstatement of fact.

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

Disciplinary proceeding: VBA show cause process

Decision date: 3 December 2019

Project site locations:

Craigieburn
Thornbury
Cranbourne West
Doncaster East
Dandenong

Disciplinary action taken

Ground 1: Penalty of $107.07.

Ground 2: Reprimand and penalty of $535.33.

Ground 3: Reprimand, penalty of $2,676.66, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 4: Penalty of $133.83.

Grounds 5, 6, 7 & 8: Reprimand (1), combined penalty of $10,706.64, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 9: Reprimand, penalty of $803.00.

Ground 10: Penalty of $267.66.

Ground 11: Penalty of $267.66.

Ground 12: Penalty of $401.50.

Ground 13: Reprimand, penalty of $1,106.00.

Ground 14: Reprimand, penalty of $3,479.66, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 15: Reprimand, penalty of $4,014.99, cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

Ground 16: Cancellation of registration BS-U 1588 from 10 February 2020* and disqualification from registration in any class within the category of BUILDING SURVEYOR for a period of 3 years.

* following an interim partial suspension period of 60 days commencing on 12 December 2019 to enable the transfer of any existing appointments held by the practitioner to another building surveyor.

Summary of grounds

Grounds 1 & 4: The practitioner was found to have contravened section 80 of the Building Act 1993 on two occasions,in that, on each of those occasions, he failed to notify the relevant council in writing of his appointment as the relevant building surveyor and of the building work in respect of which he was appointed within the prescribed 7 day period.

Ground 2: The practitioner was found to have contravened regulation 322(b)(ii) of the Building Regulations 2006 (as they were at the relevant time), in that he failed to forward to the VBA in the approved form details within his knowledge of a lapsed building permit within 7 days after the end of the month in which that permit had lapsed.

Ground 3: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 and Building Interim Regulations 2017 and then regulation 265(a) of the Building Regulations 2018 (as were in force during the relevant period respectively), in that he failed, or failed in a timely manner, to take appropriate action upon the lapsing of the building permit and upon becoming aware the subject works had not been constructed in accordance with the building permit and approved documents.

Ground 5: The practitioner was found to have contravened section 24(1)(a) of the Building Act 1993, in that, as the appointed relevant building surveyor, he issued a building permit when he could not have been satisfied that the subject building work and building permit would comply with the Act and the building regulations.

Ground 6: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that he issued a building permit without appropriate consideration of the demolition work required.

Ground 7: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that he failed to ensure appropriate protection work in relation to the required demolition work.

Ground 8: The practitioner was found to have engaged in conduct in relation to his practise as a building practitioner that was negligent in a particular matter.

Ground 9: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502(a) of the Building Regulations 2006 (as they were then), in that, as the appointed relevant building surveyor, he failed to issue a certificate of final inspection following the completion of the final mandatory inspection being approved as was required pursuant to section 38(1) of the Building Act 1993.

Ground 10: The practitioner was found to have contravened section 125(2) of the Building Act 1993, in that, as the appointed relevant building surveyor, he failed to give to the relevant council written notice of the cancellation of a Building Notice and Building Order within 7 days of cancelling same.

Grounds 11 & 12: The practitioner was found to have contravened section 125(1) of the Building Act 1993 on two occasions, in that, on each of those occasions, he had failed to give to the relevant council a copy of a Building Notice he had issued within 7 days of issuing same.

Ground 13: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary regulation 1502(a) of the Building Regulations 2006 and then regulation 1502(a) of the Building Interim Regulations 2017 (as were in force respectively during the relevant period), in that he was found to have:

issued a Building Notice which was deficient;
issued a Building Order which was unenforceable and/or deficient; and
issued a second and further Building Notice containing similar deficiencies as that first Building Notice despite being on notice of those deficiencies.

Ground 14: The practitioner was found to have failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary regulation 1502(a) of the Building Regulations 2006, regulation 1502(a) of the Building Interim Regulations 2017 and regulation 265(a) of the Building Regulations 2018 (as were in force respectively during the relevant period), in that he was found to have:

failed to take timely and/or appropriate enforcement action(s) despite having been put on notice the building work had not been constructed in accordance with the approved drawings and was being occupied without an occupancy permit;
failed to respond to the MBS’ letter of 13 February 2017 within a timely fashion (and/or at all); and
issued an occupancy permit in circumstances where he could not or ought not to have been satisfied that the building was suitable for occupation.

Ground 15: The practitioner was found to have failed to comply with a previous disciplinary determination of the VBA, namely the VBA’s Decision of 6 August 2018, giving rise to a ground for disciplinary action pursuant to section 179(1)(d) of the Building Act 1993.

Ground 16: The VBA determined the practitioner was not a fit and proper person to practise as a building practitioner, being a ground for disciplinary action under section 179(1)(g) of the Building Act 1993.

Outcome date: 27 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $2,500 and VBA costs of $2,500

Outcome date: 21 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work while unregistered and with carrying out plumbing work without a registration or licence, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Ordered to pay a fine of $2,000 and VBA costs of $995

Registration: BS-U 17479 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 20 November 2019

Disciplinary action taken

Approving the use of combustible cladding in an apartment building and issuing an occupancy permit when the building was not suitable for occupation and was later issued with an emergency order by the relevant council.

Summary of grounds

Reprimands and penalties $11,000 and two month suspension of registration.

Registration / Licence: 116113

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2019

Work carried out: Craigieburn (June 2018)

Disciplinary action taken

Reprimand
Fine: Aggregate 30 Penalty Units ($4,956.60)
Costs: $89.38
Suspension of licence in the class of “Drainage” for 12 months with immediate effect.

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

failing to provide a compliance certificate and/or notify the VBA about its issue within five days of completing plumbing work
backfilling a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection.

Registration / Licence: 107010

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 18 November 2019

Work carried out: Reservoir (August 2017)

Disciplinary action taken

Fine: Aggregate 10 Penalty Units ($1,652.20)
Costs: $89.38

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act. He was found to have:

backfilled a below-ground sanitary drain without first notifying the VBA that the drainage work was available for inspection
signed a compliance certificate when he ought to have reasonably known the certificate contained a misstatement of fact
failed to provide an as-laid plan to the relevant water authority before issuing and lodging the compliance certificate.

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 November 2019

Project site location: Newtown

Disciplinary action taken

Ground One: A reprimand and suspension of the practitioner’s registration is to be imposed for a period of three months commencing on the later of 20 January 2020 or the eighth day following the conclusion of any statutory stay on the operation of the Authority’s determination.

Ground Two: A reprimand and suspension of the practitioner’s registration is to be imposed for a period of three months commencing on the later of 20 January 2020 or the eighth day following the conclusion of any statutory stay on the operation of the Authority’s determination, such suspension to operate concurrently with the suspension under Ground One.

Summary of grounds

Ground One: A ground under section 179(1)(a)(i) of the Building Act 1993 (the Act) was determined to exist, that being, that the practitioner failed to carry out his work as a building practitioner in a competent manner and to a professional standard, contrary to regulation 1502(a) of the Building Interim Regulations 2017, in that he failed to ensure that the building work progressed in a timely manner and in accordance with the works schedule incorporated into a Deed of Variation, which varied the building contract.

Ground Two: A ground under section 179(1)(m)(i) of the Act was determined to exist, that being, that the practitioner failed to pay fees or other amounts required to be paid under the Act.

Outcome date: 7 November 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without a building permit.

Outcome

Guilty plea – with conviction
Ordered to pay a fine of $20,000

Outcome date: 7 November 2019

Prosecuted for:

The accused committed various offences under the Building Act. He was charged with:

carrying out domestic building work without registration or the required insurance.
knowingly providing false information to the municipal building surveyor carrying out functions under the Building Act.

Outcome

No plea taken
Charges proven – with conviction
Ordered to pay total fines of $75,000 and VBA costs of $1,902

Registration / Licence: 102690

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 6 November 2019

Work carried out: Reservoir (October 2017)

Disciplinary action taken

Fine: 5 Penalty Units ($826.10)
Costs: $119.15

Summary of allegations

It was alleged and substantiated that the accused failed to provide a compliance certificate and/or notify the VBA of its issue within five days of completing work, breaching the Building Act.

Registration / Licence: 43882

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 6 November 2019

Work carried out: Point Cook (October 2015)

Disciplinary action taken

Fine: Aggregate 10 Penalty Units ($1,652.20)
Costs: $119.15

Summary of allegations

It was alleged and substantiated that the accused breached various sections of the Building Act by:

carrying out plumbing work (stormwater drainage) that did not comply with the Building Act or Plumbing Regulations
signing a compliance certificate in relation to that work, knowing the certificate contained a misstatement of fact.

Outcome date: 31 October 2019

Prosecuted for:

The accused was charged with carrying out 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

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

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 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: 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: 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 62291 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 3 October 2019

Disciplinary action taken

To suspend the practitioner’s registration as a Domestic Builder – Unlimited for a period of three (3) years from the date of effect of this Notice of Decision OR until such time as the practitioner can satisfy the Authority that he is no longer an officer of a body corporate that is subject to external administration (whichever occurs earlier).

Summary of grounds

Being an officer of a company subject to external administration.

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) work by installing new Colorbond roof sheets without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – proven and dismissed

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out plumbing work in the prescribed class of Roofing (Stormwater) by installing new Colorbond roof sheets without being licensed or registered in the prescribed class, contravening the Building Act.

Outcome

Guilty plea – no conviction
Fined $1,000

Outcome date: 26 September 2019

Prosecuted for:

The accused was charged with carrying out domestic building work while not registered, committing various breaches of the Building Act and Domestic Building Contracts Act in the process.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to pay VBA costs of $1,052

Outcome date: 24 September 2019

Prosecuted for:

The accused commited various breaches of the Building Act. He was charged with:

holding himself out to be a registered builder while unregistered
knowingly providing false and misleading information to the relevant building surveyor.

Outcome

Ex parte hearing – no conviction
Ordered to pay a fine of $5,000 and VBA costs of $826

Registration: BS-U 24084 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 17 September 2019

Disciplinary action taken

Reprimands and penalties $6,500

Summary of grounds

Issuing a building permit for a four unit building with the incorrect classification, failing to seek report and consent of the chief officer, issuing a further building permit contrary to a building order issued by Council

Outcome date: 17 September 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit.

Outcome

Guilty plea – diversion plan
Undertaking to be of good behaviour for six months
Ordered to pay $1,000

Outcome date: 12 September 2019

Prosecuted for:

The accused was charged with three counts of carrying out plumbing work when not registered or licensed in the particular classes of Drainage, Water Supply and Sanitary work, contravening the Building Act.

Outcome

Guilty plea – no conviction
Undertaking to be of good behaviour for 12 months
Ordered to donate $1,000 and pay VBA costs of $1,206

Outcome date: 12 September 2019

Prosecuted for:

The accused was charged with carrying out building work without a building permit and without registration as a domestic builder, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction; ordered to pay a fine of $10,000 and VBA costs of $1,188

Registration / Licence: 52257

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 11 September 2019

Work carried out: Hallam (July to September 2017)

Disciplinary action taken

Reprimand
Fine: 30 Penalty Units ($4,956.60)
Costs: $297.90

Summary of allegations

It was alleged and substantiated that the accused:

carried out Mechanical Services work without being registered or licensed to carry out work of that class
carried out plumbing work (Water Supply) for which a compliance certificate is required, without being licensed in that class
signed a compliance certificate containing a misstatement of fact.

Registration: DB-L 31975 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 September 2019

Project site location: Newham

Disciplinary action taken

Grounds 1 to 5:

Reprimand, direct Mr Bettens to complete nationally recognised training units equivalent to: CPCCBC4003A – ‘Select and prepare a construction contract’ and either CPCCBC4009B – ‘Apply legal requirements to building and construction projects’ or CPCCBC4016A – ‘Administer a construction contract’ by 9 September 2020.
Direct Mr Bettens to provide to the VBA with a copy of the certificates of attainment for those units within 21 days of his receipt of those certificates.
A penalty of $9600 to be paid in 24 equal monthly instalments commencing on 30 September 2019.

Summary of grounds

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

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

Ground 3: The practitioner contravened sub-sections 31(1)(d), (f), (g), (h), (i), (l) and (n) to (r) of the Domestic Building Contracts Act 1995 in that he entered into a major domestic building contract for work which did not contain certain mandated content. The contract, amongst other omitted content, had not included plans and specifications sufficient for a building permit to be obtained, the registration number of the builder who entered into the contract, the date the work was to start, a notice to the consumer about their cooling off rights and the checklist approved by the Director of Consumer Affairs Victoria.

Ground 4: The practitioner contravened section 11(1) of the Domestic Building Contracts Act 1995 in that he demanded and received under a domestic building contract under $20,000.00, a deposit in excess of 10 percent of the contract price.

Ground 5: The practitioner contravened Regulation 1502(a) of the Building Regulations 2006 in that he failed to carry out work as a building practitioner in a competent manner and to a professional standard because as the registered building practitioner responsible for the work he failed to satisfactorily supervise and failed to ensure the satisfactory supervision of the work undertaken by others to ensure it was undertaken with reasonable care and skill and would comply with the building permit, the Act and Regulations.

Registration: DB-U 8251 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 9 September 2019

Project site location: Nathalia

Disciplinary action taken

Ground 1: Reprimand, $3,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 2: Reprimand, $3,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 3: Reprimand and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Ground 4: Reprimand, $2,500 penalty and complete the following training course within 12 months: ‘Apply legal requirements to building and construction projects’.

Summary of grounds

Ground 1: During the period February 2014 to July 2014 or thereabouts, the building practitioner carried out building work relating to the footings and framing not in accordance with the building permit in breach of s.16(2) of the Building Act.

Ground 2: During the period February 2014 to July 2014 or thereabouts, the building practitioner failed to notify the relevant building surveyor of the completion of the mandatory frame stage without delay in breach of s33(1) of the Building Act.

Ground 3: In December 2014, the building practitioner demanded final payment under the major domestic building contract when work had not been completed in accordance with the plans set out in the contract in breach of s.42 of the Domestic Building Contracts Act.

Ground 4: From February 2014 onwards, 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 carried out defective building work and/or failed to respond to the owners request to complete and rectify the building work.

Outcome date: 6 September 2019

Prosecuted for:

This was a joint prosecution with the City of Melbourne, with the accused charged with carrying out demolition work of the Corkman Hotel without the requisite approvals, in breach of the Building Act and Planning Act.

Outcome

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.

Outcome date: 6 September 2019

Prosecuted for:

This was a joint prosecution with the City of Melbourne, with the accused charged, as a director of a company, with carrying out demolition work of the Corkman Hotel without the requisite approvals, in breach of the Building Act and Planning Act.

Outcome

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 $85,000 in relation to City of Melbourne and VBA matters, and $40,000 in relation to Environment Protection Authority matters.
Total costs for three accuseds in relation to all matters is $176,883 – see also SHAQIRI and LEICESTER PTY LTD.

Outcome date: 6 September 2019

Prosecuted for:

This was a joint prosecution with the City of Melbourne, with the accused charged, as a director of a company, with carrying out demolition work of the Corkman Hotel without the requisite approvals, in breach of the Building Act and Planning Act.

Outcome

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 $85,000 in relation to City of Melbourne and VBA matters, and $40,000 in relation to Environment Protection Authority matters.
Total costs for three accuseds in relation to all matters $176,883 – see also KUTLESOVSKI & LEICESTER PTY LTD.

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

Disciplinary proceeding: VBA show cause process

Decision date: 5 September 2019

Project site location: West Footscray

Disciplinary action taken

Ground 1: Reprimand, $5,000 penalty and five-month suspension commencing 45 days from date of decision.

Ground 2: Reprimand, $4,500 penalty and two-month suspension, to run concurrently with the period of suspension imposed under Ground 1, commencing 45 days from date of decision.

Summary of grounds

Ground 1: During the period June 2014 to April 2015 the building practitioner contravened s.176(2A) of the Act in that he carried out building work under a major domestic building contract when he was not registered in the appropriate class of builder.

Ground 2: In July 2014 the building practitioner contravened s.179(1)(b) of the Act in that he engaged in unprofessional conduct by paying another building practitioner a previously agreed payment of $10,000 for his ongoing use of the other building practitioner's domestic building registration in relation to carrying out the building works at the site.

Outcome date: 4 September 2019

Prosecuted for:

The accused was charged with three counts of carrying out plumbing work when not registered or licensed in the particular classes of Gasfitting, Water Supply and Sanitary.

Outcome

Ex parte hearing – with conviction
Ordered to pay a fine of $10,000 and VBA costs of $937

Outcome date: 2 September 2019

Prosecuted for:

The accused was charged with carrying out domestic building work without registration or the required insurance, committing various breaches of the Building Act in the process.

Outcome

Guilty plea – no conviction
Fined $1,500
Ordered to pay VBA costs of $955

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

Disciplinary proceeding: VBA show cause process

Decision date: 30 August 2019

Disciplinary action taken

Penalties of $26,000, cancellation of registration, disqualification for three years or until successful completion of CPCCBS6003: Apply legal and ethical requirements to building surveying functions.

Summary of grounds

Purported of issuing 107 building permits when registration as a building surveyor was suspended

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

Disciplinary proceeding: VBA show cause process

Decision date: 30 August 2019

Project site location: 107 sites across Victoria

Disciplinary action taken

Grounds 1–107: Penalties of $22,000, interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by the cancellation of the practitioner’s registration (on 10 November 2019) and his disqualification in any category of registration for a period of up to 3 years (or until he completes training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ if that occurs sooner).

Grounds 108–117: Penalties of $4000, interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by the cancellation of the practitioner’s registration (on 10 November 2019) and disqualification from registration in any category of registration for a period of up to 3 years (or until he completes training course CPCCBS6003 – ‘Apply legal and ethical requirements to building surveying functions’ if that occurs sooner).

Ground 118: Interim partial suspension for a 60-day period (being a suspension of all functions except transfer of appointment functions under section 80C of the Act), followed by cancellation of registration (on 10 November 2019).

Summary of grounds

Grounds 1–107: The practitioner was found to have acted in contravention of section 169D(1)(b) of the Building Act 1993 on 107 occasions, in that he purported to issue building permits on each of those occasions when not authorised to do so (as a result of a previous disciplinary suspension).

Grounds 108–117: The practitioner was found to have acted in contravention of section 78A(b) of the Building Act 1993 on 10 occasions, in that, he purported to accept an appointment as a relevant building surveyor on each of those occasions when not authorised to do so (as a result of a previous disciplinary suspension).

Ground 118: Having regard to Grounds 1 to 117, the VBA determined the practitioner was not a fit and proper person to practise as a building practitioner, being a ground for disciplinary action under section 179(1)(g) of the Act.

Outcome date: 29 August 2019

Prosecuted for:

The accused was charged with carrying out excavation work without a building permit.

Outcome

Guilty plea – no conviction
Fined $1,250

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

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: CB-L 26655 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 July 2019

Project site location: Bulleen

Disciplinary action taken

Ground 1: Reprimand and penalty of $1,000.00.

Summary of grounds

Ground 1: A ground for disciplinary action was found to exist under section 246 of the Building Act 1993 (Vic.), in that the practitioner was found to have knowingly provided false or misleading information to a person carrying out a function under the Act.

Registration / Licence: 40005

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 22 July 2019

Work carried out: August 2018

Disciplinary action taken

Fine: 10 Penalty Units ($1,652.20)
Costs: $119.15

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.

Registration / Licence: 100695

Disciplinary proceeding: Plumbing Inquiry

Inquiry date: 22 July 2019

Work carried out: July 2018

Disciplinary action taken

Fine: 5 Penalty Units ($826.10)
Costs: $119.15

Summary of allegations

It was alleged and substantiated that the accused caused or permitted plumbing (gasfitting) work or specialised plumbing work to be carried out on behalf of a heating and cooling business by a person who was not permitted to carry out that work under the Building Act and Plumbing Regulations.

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: 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: 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.

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) in 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 in 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 in 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

On 12 April 2017 and in relation to building work namely the construction of a detached dwelling (the work) at in Venus Bay (the site), you contravened Regulation 313(1) of the Building Regulations 2006 in that you issued a building permit which was not in the form of Form 2 as it did not refer to the planning permit or the certificate of consent.

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: DB-L 24864 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 18 June 2018

Project site location: Plenty

Disciplinary action taken

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

Summary of grounds

Ground 1: The practitioner contravened section 33(1) of the Building Act 1993 (Vic.) in that he, as the director of the company and as the registered building practitioner responsible for the building work at the site, failed to notify the relevant building surveyor without delay after the completion of a mandatory notification stage, namely the pad footings stage.

Registration: DB-U 1059 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 12 June 2018

Project site location: The Basin

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.) (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 the work in a proper and workmanlike manner.

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2018

Project site location: Newport

Disciplinary action taken

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

Summary of grounds

Ground 1: The practitioner contravened Sections 24(1)(c) and 24(1)d) of the Building Act 1993 in that he issued a building permit for the work when he could not have been satisfied that the work would comply with the Building Act and regulations as the relevant planning permit or other prescribed approval had not been obtained and he could not have been satisfied that the building permit will be consistent with that planning permit or other prescribed approval.

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2018

Project site location: Greenvale

Disciplinary action taken

Ground 1: Reprimand and penalty of $8,000.

Ground 2: Reprimand.

Summary of grounds

Ground 1: The practitioner contravened Section 24(1)(a) of the Building Act 1993 in that he issued a building permit for the work when he could not have been satisfied that the work would comply with the Building Act and regulations in that the height of the south side garage boundary wall would not comply with Regulation 415(4) of the building regulations and there were no supporting specifications, engineering design or computation documents relating to the construction of the swimming pool and safety barrier contrary to Regulation 302(1)(b) &(e) of the building regulations.

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 in that he issued a building notice which referred to an inspection date which was after the date of the notice and he issued an amended building which referred to an Australian Standard which did not apply to the work.

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2018

Project site location: Newport

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 contravened Section 24(1)(a) of the Building Act 1993 in that he issued a building permit for the work when he could not have been satisfied that the work would comply with the Building Act and regulations.

Ground 2: The practitioner contravened Section 24(1)(b) of the Building Act 1993 in that he issued a building permit for the work when he could not have been satisfied that any consent of a reporting authority required under the Act or Regulations had been obtained.

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

Disciplinary proceeding: VBA show cause process

Decision date: 8 June 2018

Project site location: Maidstone

Disciplinary action taken

Ground 1: 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 carry out work as a building practitioner in a competent manner and to a professional standard, in that in that he issued an occupancy permit for the work on the site when he was not the relevant building surveyor appointed to the site.

Registration: DB-L 32344 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 7 June 2018

Project site location: Chelsea Heights

Disciplinary action taken

Ground 1: Reprimand.

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

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

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

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

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

Ground 7: Reprimand.

Ground 8: Reprimand and penalty of $1,000.

Ground 9: Reprimand and penalty of $4,000.

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 he required the site owners to back date two major domestic building contracts for the work on the site to 18 October 2010.

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 he caused the company of which he was a director to demand, receive and retain base stage payments for the work when the work had not been completed to base stage contrary to Items 1 and 23.2 of the contracts.

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.

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 in that he issued a building permit which did not adequately describe the proposed nature of the building work to include a class 10a attached garage in addition to the class 1a dwelling structure to conform to Regulation 313 of the Building Regulations 2006.

Registration: DB-U 25440 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 10 May 2018

Project site location: Natimuk

Disciplinary action taken

Ground 1: Reprimand and penalty of $3,700.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502(a) of the Building Regulations, in that he failed to ensure that a Company, of which he was the sole director, carried out the work in a proper and workmanlike manner and he failed to take action with respect to an emergency order.

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

Disciplinary proceeding: VBA show cause process

Decision date: 4 May 2018

Project site location: Multiple

Disciplinary action taken

Ground 1: Reprimand and penalty of $8,000.

Summary of grounds

Ground 1: The practitioner engaged in conduct in relation to his practice as a building practitioner that was negligent in a particular matter in that he had failed to lodge documents with the relevant council within the required times under the Building Act and/or Regulations or at all.

Registration: IN-L 38425 / Building Inspector (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 27 April 2018

Project site location: Gordon

Disciplinary action taken

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

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 he failed to identify all occurrences of non-compliance in relation to the spa and associated swimming pool safety barrier.

Registration: DB-U 38562 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 April 2018

Project site location: Niddrie

Disciplinary action taken

Ground 1: Penalty $6,000.

Summary of grounds

Ground 1: In or around April 2015 the practitioner engaged in unprofessional conduct under section 179(1)(b) of the Act in that he caused extensive excavation work to be carried out along the adjoining property when he did not have the consent and/or the authorisation of the owner of the adjoining property nor of VCAT.

Registration: CB-U 15442 / Commercial Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 16 April 2018

Project site location: Southbank

Disciplinary action taken

Ground 1: Reprimand, penalty of $6,000 and a condition on his registration that he must not install any type of external wall cladding without first obtaining in writing, at his expense, written confirmation from the Relevant Building Surveyor that the cladding to be installed will comply with the relevant Building Permit.

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 that was not in accordance with the Act, the Regulations and the building permit.

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

Disciplinary proceeding: VBA show cause process

Decision date: 16 April 2018

Project site location: Multiple

Disciplinary action taken

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

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

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 6: Reprimand and penalty of $3,000.

Summary of grounds

Grounds 1, 2, 3, 4 & 5: The practitioner contravened section 24(1)(a) of the Building Act 1993 (Vic.) on five occasions, in that he issued building permits for five sites relating to swimming pool/barrier building works when he could not have been satisfied that those building works would comply with the Act and the Regulations.

Ground 6: The practitioner contravened R1502(a) of the Building Regulations 2006 (Vic.), in that, as the relevant building surveyor, he failed in a timely manner to take appropriate action upon the lapsing of the building permit for the construction of a swimming pool and pool barrier to ensure any danger due to incomplete work was addressed.

Registration: BS-U 1022 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 10 April 2018

Project site location: Brighton East

Disciplinary action taken

Reprimand and costs of $5,000.

Summary of grounds

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

The practitioner had failed to identify three sections of freestanding, laterally unrestrained masonry (brickwork) wall for the construction of one of the two units and garages at the site, and hence failed to carry out work as a building practitioner in a competent manner and to a professional standard in breach of Regulation 1502(a) of the Building Regulations 2006.

Registration: CB-L 19245 / Commercial Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 April 2018

Project site location: Pascoe Vale South

Disciplinary action taken

Ground 1: Reprimand, direction to complete the training units ‘CPCCBC4003A – Select and prepare a construction contract’ and ‘CPCCBC4009B – Apply legal requirements to building and construction project’ on or before 31 December 2018 and penalty of $14,000.

Summary of grounds

Ground 1: The practitioner, between in or about mid 2015 to November 2015, engaged in unprofessional conduct under section 179(1)(b) of the Act in that he:

failed to carry out his work as a building practitioner in a competent manner and to a professional standard contrary to regulation 1502 in six respects (including contraventions by the practitioner’s company of sections 11(1)(a), 16(1) and 31(1) of the Domestic Building Contracts Act and that the Company didn't comply with the Ministerial Order relating to the required insurance for domestic building work and he did not ensure the Company carried out the works in a proper and workmanlike manner);
contravened section 16(1) of the Act in two respects;
contravened section 136(2) of the Act;
contravened section 246 of the Act by providing the relevant building surveyor for the work with materials he knew contained false and misleading information; and
contravened section 221D(1) of the Act by carrying out plumbing work without being licensed or registered.

Registration: DB-U 22561 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 29 March 2018

Project site location: Coburg North

Disciplinary action taken

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 11: Reprimand.

Summary of grounds

Ground 1: 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.

Registration: BS-U 1125 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 March 2018

Project site location: Canadian

Disciplinary action taken

Ground 1: Reprimand and penalty of $1500.

Summary of grounds

Ground 1: The practitioner 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 building work and the building permit would comply with the Building Act 1993 and the Building Regulations 2006.

Registration: DB-L 31863 / Domestic Builder (Limited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 March 2018

Project site location: Multiple

Disciplinary action taken

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

Summary of grounds

Ground 1: The practitioner contravened Section 79(1)(f)(ii) of the Building Act 1993 in that he engaged in conduct in relation to his practice as a building practitioner that was negligent in a particular manner in that as the sole director of Melbourne House and Land Constructions Pty Ltd A.C.N. 133 077 460 (the company) which was the builder for numerous sites and as the registered building practitioner who carried out, managed or arranged the work on the sites, he failed to ensure that he was covered by the required insurance, contrary to section 136(2) of the Building Act 1993.

Ground 2: The practitioner contravened section 25A of the Building Act 1993 in that he failed to provide written notice to the relevant building surveyor when his engagement with a company ended.

Ground 3: 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 frame stage when the Company was not entitled to do so, as frame stage was not approved by the relevant Building Surveyor until 23 March 2015.

Ground 4: 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 when the Company was not entitled to do so, as work had not commenced.

Ground 5: 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 frame stage when the Company was not entitled to do so, as the frame stage was not approved until 20 October 2015.

Ground 6: 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 frame stage when the Company was not entitled to do so, as the frame stage was not approved until 20 October 2015.

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 18: The practitioner contravened of Regulation 1502(a) of the Regulations, in that he failed to comply with a Building Order for Minor Work issued by the relevant building surveyor.

Registration: DB-U 19194 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 22 January 2018

Project site location: Echuca

Disciplinary action taken

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

Summary of grounds

Ground 1: The practitioner contravened Section 37H of the Building Act 1993 (Vic) by failing to comply with a written direction to fix building work within the period for compliance specified in the direction.

Registration: DB-U 28794 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 15 January 2018

Project site location: McCrae

Disciplinary action taken

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

Summary of grounds

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

Registration: V2 17304 / Erector or Supervisor (Temporary structures) (Limited to tents and marquees)

Disciplinary proceeding: VBA show cause process

Decision date: 15 January 2018

Project site location: Noble Park

Disciplinary action taken

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

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

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 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.

Ground 4: The practitioner contravened Regulation 1502(a) of the Regulations, in that he failed to comply with a direction as to work issued by a person acting on behalf of the relevant building surveyor under section 37(1) of the Building Act 1993 (Vic.).

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

Disciplinary proceeding: VBA show cause process

Decision date: 19 December 2017

Project site location: Ivanhoe

Disciplinary action taken

Ground 1: Penalty of $3,500.

Summary of grounds

Ground 1: The practitioner contravened regulation 1502 of the Building Regulations 2006 (Vic.) 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 the construction of a unit development when he could not have been satisfied from the materials before him that protection work was not required for the work as required under section 24(1)(a) of the Act.

Registration: BS-U 1107 / Building Surveyor (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 4 December 2017

Project site location: Somerton

Disciplinary action taken

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

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 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 Regulation 302 and Regulation 303.

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

Disciplinary proceeding: VBA show cause process

Decision date: 2 December 2017

Project site location: Dandenong

Disciplinary action taken

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

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

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 5: The practitioner carried out building work when a building permit in respect of the work had not issued and was not in force contrary to Section 16(1) of the Building Act 1993.

Registration: DB-U 24288 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 24 November 2017

Project site location: Camberwell

Disciplinary action taken

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

Summary of grounds

The practitioner contravened section 78(2) of the Building Act 1993 by appointing a private building surveyor to issue a permit with respect to the construction of a new dwelling, garage, swimming pool and associated safety fencing at a site in Camberwell when another private building surveyor had already commenced to carry out the function of a relevant building surveyor under the Act for the building work at the site.

Registration: BS-U 22544 / Building Surveyor (Unlimited)

Disciplinary proceeding: Building Practitioners Board Inquiry

Decision date: 21 November 2017

Project site location: Mount Evelyn

Disciplinary action taken

Reprimand.
Fine $1927.34.
Costs of $2651.00.

Summary of grounds

The Building Practitioners Board found the practitioner guilty of 5 allegations in relation to 1 site in Mount Evelyn. Four allegations related to failing to adhere to s30 of the Building Act 1993 in providing relevant documentation including the proposed building work (form 4) and determinations to council within the timeframes. Also the practitioner had failed to provide the adjoining owner a copy of his determination as required by s87(4) of the Building Act 1993.

Registration: DB-U 9695 / Domestic Builder (Unlimited)

Disciplinary proceeding: VBA show cause process

Decision date: 21 November 2017

Project site location: Ascot Vale

Disciplinary action taken

Ground 1: Reprimand, Penalty of $3,000 and requirement to attend Administer a Construction Contract course on or before 30 June 2018.

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

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

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