THE CONSTRUCTION OCCUPATIONS REGISTRAR AND MARK RAWSON (AT 09/20) & RAWSON HOMES PTY LTD (AT 09/22) (Occupational Discipline)

In the Administrative Appeals Tribunal, the Construction Occupations Registrar sought an occupational discipline order against Mark Rawson and Rawson Homes Pty Ltd. The dispute centered on alleged breaches of the Building Act 1989 (ACT) and the Construction Occupations (Licensing) Act 2004 (ACT). The Registrar argued that the Respondents failed to comply with various statutory obligations related to building works, including the management of stormwater runoff and the provision of adequate building plans. The Tribunal was tasked with determining whether the Respondents should face occupational discipline and, if so, what form that discipline should take.

The primary legal issue before the Tribunal was whether the Respondents were guilty of the alleged breaches and whether they warranted occupational discipline. Specifically, the Tribunal needed to consider the degree of responsibility the Respondents had for the breaches, the impact of the breaches on the lessees of the premises, and the likelihood of future non-compliance. The Tribunal also had to assess the Respondents' efforts to mitigate the impact of the breaches and their overall compliance with the relevant legislation.

The Tribunal found that Rawson Homes accepted full responsibility for the breaches and Mr Rawson admitted liability for his part. The Tribunal noted that it was desirable for the Respondents to be held accountable for their actions, given the significant flaws in statutory compliance management within the company. While the breaches primarily affected the lessees of the premises, the Tribunal emphasised the substantial impact these issues had on them, including prolonged disputes and concerns about potential flooding. The Tribunal concluded that the Respondents' efforts to mitigate the impact were insufficient, and new procedures had been implemented to address the compliance issues. The Tribunal found that occupational discipline was warranted, considering the Respondents' responsibility and the nature of the breaches.

The Tribunal ordered that Rawson Homes and Mr Rawson be subject to occupational discipline. The specific terms of the discipline were not detailed in the provided excerpt, but it was clear that the Tribunal considered the relevant criteria under sections 56 and 65 of the Construction Occupations (Licensing) Act 2004. The Respondents were held accountable for their actions, and measures were taken to ensure better compliance in the future.