CONSTRUCTION OCCUPATIONS REGISTRAR & FEKETE (Occupational Discipline)

The respondent, Mr. Fekete, is a building certifier who was found to have issued building approvals that did not comply with statutory requirements. Mr. Fekete admitted to the breaches, but the applicant sought disciplinary action to address the serious nature of the contraventions and their impact on the integrity of the building certification process. The matter was heard by the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue before QCAT was whether prior contraventions should be taken into account when determining the appropriate disciplinary action for Mr. Fekete. The applicant argued that the respondent's history of breaches and flaws in office management indicated a systemic problem that needed addressing to protect public confidence in the regulatory system.

QCAT considered the purpose of occupational discipline, which is to protect the public rather than punish the individual. The tribunal found that the respondent's actions had indeed impacted the integrity of the building certification process, and therefore, disciplinary action was necessary. The tribunal also noted that the respondent's admission of guilt and cooperation with the investigation were mitigating factors. After weighing these considerations, QCAT determined that a warning and a requirement for the respondent to undertake additional training and education in building certification were appropriate disciplinary measures. The tribunal's decision emphasised the importance of maintaining public confidence in the regulatory system and ensuring that building certifiers adhere to statutory requirements.