Director General, Department of Infrastructure, Planning & Natural Resources -v- Stapleton (No 2)

The matter before the tribunal was a disciplinary action brought against a respondent, a professional, for alleged breaches of the Environmental Planning and Assessment Act 1979. The Director General, Department of Infrastructure, Planning & Natural Resources brought the action, alleging that the respondent contravened specific sections of the Act by signing an application for a construction certificate and then issuing the certificate, as well as by not issuing an occupation certificate when he was the principal certifying authority. The tribunal was tasked with determining whether the respondent had engaged in unsatisfactory professional conduct as defined by the Act.

The tribunal had to address several legal issues, including whether the respondent indeed contravened s 109ZG(1)(c) of the Act by signing an application for a construction certificate and subsequently issuing the certificate. Additionally, the tribunal needed to assess if the respondent breached s 109D(2) of the Act by not issuing an occupation certificate when he was the principal certifying authority. The tribunal's decision hinged on whether the respondent's actions constituted unsatisfactory professional conduct under the Act.

After evaluating the evidence and arguments presented, the tribunal found the respondent guilty of unsatisfactory professional conduct. Specifically, the tribunal determined that the respondent contravened s 109ZG(1)(c) by signing the application for a construction certificate and then issuing the certificate. Furthermore, the tribunal found that the respondent breached s 109D(2) by not issuing the occupation certificate when he was the principal certifying authority. Consequently, the tribunal ruled that the respondent's actions constituted unsatisfactory professional conduct.

In conclusion, the tribunal found the respondent guilty of unsatisfactory professional conduct and ordered the matter to be relisted for the determination of any disciplinary order. The tribunal's decision underscores the importance of adhering to the provisions of the Environmental Planning and Assessment Act 1979 and highlights the potential consequences for professionals who fail to comply with their statutory obligations.