Queensland Building Services Authority v Chandra

CITATION: Queensland Building Services Authority v  Chandra & Anor [2013] QCATA 189

PARTIES:	Queensland Building Services Authority (Applicant/appellant)
v
Mr Suresh Chandra Building Approval & Inspection Consultants Pty Ltd (Respondents)

APPLICATION NUMBER: APL025 -13

MATTER TYPE: Appeals

HEARING DATE: 22 April 2013

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President
Peta Stilgoe, Senior Member

DELIVERED ON: 15 May 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The appeal is allowed.

2.    The decision of 16 November 2012 is set aside.

3.    The scope of works to be performed by Mr Chandra was not limited to certification of the internal work but included an obligation to take all reasonable and necessary steps to ensure that the conversion of a Class 10 space to a Class 1a space complied with all relevant building laws, regulations and codes.

CATCHWORDS:

APPEAL – OCCUPATIONAL REGULATION MATTER – DISCIPLINARY PROCEEDINGS – BUILDING PERSONNEL – where respondents engaged to perform approval and certification functions relating to works involving conversion of garage to bedrooms – where the respondents approved and certified the internal works – where there was water damage due to the failure to waterproof the walls of the building – where the Queensland Building Services Authority commenced disciplinary proceedings against the respondents for failure to ensure conversion complied with requirements of class 1a structure – where QBSA contend respondents did not take into account the change of classification from a class 10 (garage) to class 1a (habitable area) – where the Member found the respondents only owed a duty to assess the internal renovations – where the applicants seek to appeal that decision – whether the Member erred in finding the respondents certification of the works was confined to the internal works

ADMINISTRATIVE LAW – PROCEDURE AND EVIDENCE – PROCEDURAL FAIRNESS AND NATURAL JUSTICE – where the Member determined the matter on a basis that neither party notified to the other or contended for – where the Member did not allow the parties a reasonable opportunity to provide submissions on the point upon which the Member based the decision – whether there was a denial of natural justice

Building Act 1975, s 32
Queensland Civil and Administrative Tribunal Act 2009, s29, s 146(b)
Standard Building Regulations 1993, s127
Code of Conduct for Building Certifiers 2003, s 1, s 7, s 8

Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd [2011] QSC 293, applied

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Mr S Formby, in house Counsel for the Queensland Building Services Authority
RESPONDENT:	Mr J Gregg, Gregg Lawyers

REASONS FOR DECISION

1. This appeal arises out of an allegation by the QBSA, in disciplinary proceedings against Mr Chandra, that he was guilty of professional misconduct in the course of his work as a building certifier under the Building Act 1975 (Qld).

2. The second respondent, Building Approvals and Inspection Consultants Pty Ltd, is a company which employed Mr Chandra to perform building certification work.

3. In July 2005, Mr Chandra was asked to provide certification services…