Queensland Building Services Authority v Chandra

CITATION: Queensland Building Services Authority v Chandra [2010] QCAT 451

PARTIES:	Queensland Building Services Authority
v
Suresh Chandra

APPLICATION NUMBER:   OCR083-10  

MATTER TYPE: Occupational regulation matters

HEARING DATE:     5 August 2010

HEARD AT:  Brisbane

DECISION OF: Dr Bridget Cullen Mandikos

DELIVERED ON: 5 August 2010

DELIVERED AT:      Brisbane

ORDERS MADE:

1.    That Mr Suresh Chandra’s licence number A81718 be cancelled;

2.    That Mr Suresh Chandra be disqualified from obtaining a license in the class of Building Surveyor; Assistant Building Surveyor; and/or Building Surveying Technician for a period of not less than two years and three months (2 1/4) years;

3.    That Mr Suresh Chandra pay a penalty to the QBSA in the amount of $12,000.00 within 60-days of this Order; and

4.    That the parties bear their own costs of and   incidental to the proceedings.

CATCHWORDS : 

DISCIPLINARY PROCEEDINGS - Decision by Queensland Building Services Authority that private certifier had engaged in “professional misconduct” and “unsatisfactory conduct” in terms of the Building Act 1975 (Qld). Appropriate penalty where extensive previous disciplinary history – license cancelled; 2 ¼-year period of license disqualification; maximum monetary penalty of $12,000.00.

Building Act 1975 (Qld), sections 204(6), 208, 211

Chandra, S. v Queensland Building Services Authority [2008] QCCTB 232

Queensland Building Services Authority v Chandra [2009] QCCTB 203

Barakat v Building Professionals Board [2009] NSWADT 5

Building Professionals Board v Duffy [2008] NSWADT 117

Building Professionals Board v Cotten [2008] NSWADT 118

Building Professionals Board v Boulle [2009] NSWADT 9

Queensland Building Services Authority v Nelson, J. H. [2007] QCCTB 71

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	Queensland Building Services Authority, represented by Ms Mardee Campbell
RESPONDENT:	Mr Suresh Chandra, represented by Mr G.R. Troedson of Porta Lawyers

REASONS FOR DECISION

History of the Matter

1. This disciplinary proceeding was referred to the Queensland Civil and Administrative Tribunal (“QCAT”) by the Queensland Building Services Authority (“QBSA”), in its capacity as the industry regulator pursuant to s204(6) of the Building Act 1975 (Qld)(“Building Act”), on 9 April 2010. 

1. The former Commercial and Consumer Tribunal (“CCT”) upheld the QBSA’s decision that the respondent, Mr Suresh Chandra, in his capacity as a building certifier, engaged in unsatisfactory conduct, within the meaning of that term as contained within Schedule 2 to the Building Act, and that, as a result of such conduct, a penalty should be imposed: Chandra, S. v Queensland Building Services Authority [2008] QCCTB 232 (Chandra 2008). As such, there is no doubt that proper grounds exist pursuant to s208 of the Building Act for the QBSA’s taking of disciplinary action against Mr Chandra, and the proceedings now before QCAT relate to issues of penalty and costs only.  

What Led to the Current findings of Misconduct:

1. These disciplinary proceedings arise out of a complaint made to the QBSA by Mr Russell and Mrs Claire Bach, in relation to the approval and certification of a swimming pool constructed at their 33 Hipwood Avenue, Coorparoo property.  The QBSA determined (on 15 January 2008), and…