QBCC v Geoffrey Mitchell, GMA Certification Pty Ltd

CITATION:

QBCC v Geoffrey Mitchell, GMA Certification Pty Ltd  [2017] QCAT 23

PARTIES:

Queensland Building and Construction Commission
(Applicant)

v

Geoffery Mitchell
(First Respondent)

GMA Certification Pty Ltd
(Second Respondent)

APPLICATION NUMBER:

OCR035-15; OCR098-16

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

11 November 2016

HEARD AT:

Brisbane

DECISION OF:

Member Dr Cullen

DELIVERED ON:

19 January 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The proceedings in OCR035-15 and OCR098-16 are to remain as separate proceedings, but be heard and decided together.

2.    Both OCR035-15 and OCR098-16 are listed for a Compulsory Conference in Brisbane on 2 February 2017 at 1.30 pm.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Procedure – where the Queensland Building and Construction Commission has brought disciplinary proceedings against building certifiers – where application to consolidate – where not same facts – whether appropriate to consolidate proceedings

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 54, s 55

Pacific Century Productions P/L v Taylors Contracting Services P/L; Pacific Century Productions P/L v Koppers Timber Preservation P/L [2003] QSC 289
McDonald v Queensland Building Services Authority [2012] QCAT 224
Chiropractic Board of Australia v Zaphir [2014] QCAT 307
Drew v Queensland Building and Construction Commission [2015] QCAT 11

REPRESENTATIVES:
APPLICANT:	Simon Formby, in-house counsel for the Queensland Building and Construction Commission
RESPONDENT:	Liam Copley, instructed by Moray & Agnew

REASONS FOR DECISION

1. The Queensland Building and Construction Commission (QBCC), in separate referral applications, alleges that proper grounds exist for the taking of disciplinary action against Mr Geoffrey Robert Mitchell and GMA Certification Pty Ltd. Mr Mitchell is a private building certifier licenced under the Queensland Building and Construction Commission Act 1991 (QBCC Act), and GMA Certification is a company who employs private certifiers. Mr Mitchell is the managing director of GMA Certification.

Disciplinary Proceedings filed by the QBCC

1. In OCR035-15, filed in the Tribunal on 11 March 2015, the QBCC seeks disciplinary orders in relation to the approval, inspection and certification of 514 Brunswick Street, Fortitude Valley, by Mr Mitchell and GMA Certification. Briefly, the QBCC alleges unsatisfactory conduct, and professional misconduct, in relation to certification of the building, in particular the building’s fire safety system.

2. In OCR098-16, filed in the Tribunal on 22 July 2016, the QBCC seeks disciplinary orders in relation to the approval, inspection and certification of 27 River Street, Mackay, also by Mr Mitchell and GMA Certification. While the specific facts are different, similar legal issues are raised by the QBCC in OCR098-16, namely allegations of unsatisfactory conduct, and professional misconduct, in relation to certification of the building. In this matter, the QBCC also raises concerns in relation to certification of the building’s fire safety system.

Application to consolidate proceedings

1. Mr Mitchell and GMA Certification seek orders that, pursuant to s 54 of the QCAT Act, the proceedings in OCR035-15 and OCR098-16 be consolidated. The QBCC opposes the application to consolidate.

2. Section 54 of the QCAT Act provides that:

   54 Consolidation

   (1) The tribunal may direct that…