Director General, Department of Infrastructure, Planning and Natural Resources v Boulle

The case before the court involved the Director General, Department of Infrastructure, Planning and Natural Resources and Mr. Boulle, who held the office of an accredited certifier. The Director General sought a disciplinary finding against Mr. Boulle, alleging that he was guilty of unsatisfactory professional conduct or professional misconduct. The allegations stemmed from the handling of a residential development project where Mr. Boulle was alleged to have issued certificates contrary to the statutory framework governing his role. The hearing took place in the Civil and Administrative Tribunal of New South Wales.

The primary legal issues the court needed to decide were whether Mr. Boulle's actions constituted unsatisfactory professional conduct or professional misconduct under the relevant statutory provisions. This required the court to interpret the meaning of these terms within the context of the statutory framework and to assess the evidence presented regarding Mr. Boulle's conduct. The court needed to determine whether Mr. Boulle's actions were merely deficient or amounted to a more serious breach warranting a finding of professional misconduct.

The court found that while Mr. Boulle's conduct did not reach the level of professional misconduct, it was unsatisfactory. The evidence showed that Mr. Boulle had issued certificates that did not comply with the statutory requirements, which indicated a lack of due care and attention in performing his duties. The court emphasised that while Mr. Boulle's actions did not evidence a deliberate disregard of his professional obligations, they were nonetheless serious enough to warrant a finding of unsatisfactory professional conduct. Consequently, the court determined that Mr. Boulle was guilty of unsatisfactory professional conduct and directed that the matter be relisted for the determination of the appropriate disciplinary order.