Wesson and Victorian Building Authority

[2019] AATA 4088

Wesson and Victorian Building Authority [2019] AATA 4088 (4 October 2019)

Division:                  GENERAL DIVISION

File Number:           2018/7120

Re:James Wesson

APPLICANT

AndVictorian Building Authority

RESPONDENT

DECISION

Tribunal:Deputy President S A Forgie

Date of decision:               4 October 2019

Place:Melbourne

The Tribunal decides to affirm the decision under review.

[sgd]....................................................................

Deputy President S A Forgie

Catchwords

MUTUAL RECOGNITION – application for registration in Victoria for equivalent occupation as registered in Western Australia – whether registration for occupation of Registered Building Practitioner (WA) equivalent to registration as Building Inspector (unlimited), Commercial Builder (limited to the construction of medium rise building work), Domestic Builder (unlimited) and Project Manager (domestic) (Vic) – where activities authorised to be carried out under each registration are not substantially the same – decision affirmed

Legislation

Building Act 1993 (Vic)

Building Act 2011 (WA)

Builders’ Registration Act 1939 (WA)

Building Regulations 2012 (WA)

Building Regulations 2018 (Vic)

Building Services (Complaint Resolution and Administration) Act 2011 (WA)

Building Services (Registration) Act 2011 (WA)

Building Services (Registration) Regulations 2011 (WA)

Mutual Recognition Act 1992 (Cth)

Secondary Materials

Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009

Mutual Recognition (Equivalence of Gaming and Other Occupations) Amendment Declaration 2015

REASONS FOR DECISION

Deputy President S A Forgie

1. Mr James Wesson is currently registered as a Registered Building Practitioner (Individual) in Western Australia for the period 8 October 2016 to 8 October 2019.  On 15 October 2018, he lodged a notice with the Victorian Building Authority (VBA) seeking registration for the equivalent occupation in accordance with the mutual recognition principle under the Mutual Recognition Act 1992 (MR Act).  The VBA is the local registration authority in Victoria as its functions, conferred by the Building Act 1993 (Vic) (Victorian Building Act), include the function of registering persons in connection with their carrying on the occupations of building practitioners in that State.[1]  Mr Wesson sought to be registered as a Building Inspector (unlimited), a Commercial Builder (limited to the construction of medium rise building work), Domestic Builder (unlimited) and Project Manager (domestic).

   [1] Definition of “local registration authority”: MR Act; s 4(1) and Victorian Building Act; s 197

2. On 18 October 2018, the VBA noted that the occupation of Registered Building Practitioner (Individual), for which Mr Wesson is registered in Western Australia, is not listed in the Mutual Recognition (Equivalence of Gaming and Other Occupations) Declaration 2009 (Ministerial Declaration).  The Ministerial Declaration provides that Western Australian registration in the occupation of “Registered Builder” would be licensed in Victoria in the categories of Commercial Builder (Unlimited) and/or Domestic Builder (Unlimited).  Consequently, the VBA refused to grant registration to Mr Wesson and advised him of its decision in a letter dated 15 November 2019.

3. I have decided that activities Mr Wesson is authorised to carry out as a Registered Building Practitioner (Individual) in Western Australia and the activities that he would be authorised to carry out if registered as a Building Inspector (Unlimited), a Commercial Builder (limited to the construction of medium rise building work), Domestic Builder (Unlimited) and Project Manager (domestic) are not substantially the same.  Therefore, the Victorian occupations for which he seeks registration are not equivalent with that for which he is registered in Western Australia.  I have also decided that equivalence could not be achieved by the imposition of conditions.  Therefore, I have affirmed the decision made by the VBA.

   LEGISLATIVE FRAMEWORK

4. The MR Act is “An Act to provide for the recognition within each State and Territory of the Commonwealth of regulatory standards adopted elsewhere in Australia regarding goods and occupations.”[2]  Part 3 of the MR Act sets out the mutual recognition principle as it applies to individuals and occupations carried on by them.[3]  Section 17 provides:

   [2] MR Act; Long Title

   [3] MR Act; s 18(1)

   “(1)     The mutual recognition principle is that, subject to this Part, a person who is registered in the first State for an occupation is, by this Act, entitled after notifying the local registration authority of the second State for the equivalent occupation:

   (a)to be registered in the second State for the equivalent occupation; and

   (b)pending such registration, to carry on the equivalent occupation in the second State.

   (2)However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in the second State, so long as those laws:

   (a)apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and

   (b)are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.”

5. The equivalence of occupations carried on in different States is to be determined in accordance with Part 3 and, particularly in accordance with Division 4 of that Part.  The general principles are set out in s 29:

   “(1)     An occupation for which persons may be registered in the first State is taken to be equivalent to an occupation for which persons may be registered in the second State if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions).

   (2)Conditions may be imposed on registration under this Part so as to achieve equivalence between occupations in different States.

   (3)This section has effect subject to any relevant declarations in force under this Division.”

6. A Minister from each of two or more States may jointly declare by notice in the Gazette, that specified occupations are equivalent and may specify or describe conditions that will achieve equivalence.  That declaration, which may be amended or rescinded, has effect only in relation to the States concerned.  The appropriate local registration authority is to give effect to the declaration.  This is the effect of s 32 of the MR Act. 

7. On review of a decision made by a local registration authority, the Tribunal may make an order that a person who is registered in a particular occupation in a particular State or who is, or is not, entitled to registration in another State in a particular occupation.  The Tribunal may specify or describe conditions that will achieve equivalence.[4]  On such a review, the Tribunal may make a declaration that occupations carried on in two States are not equivalent, but only if it is satisfied that:

   “(a)     the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or

   (b)registration in one State registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where:

   (i)the activity or class of activity is a material part of the practice of a person registered in the first State for the occupation; and

   (ii)the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the other State to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and

   (iii)it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided.”

   [4] MR Act; s 31(1)

8. If the Tribunal makes a declaration, its Registrar must cause a notice setting out the terms of the declaration to be promptly published in the Gazette.[5]  A declaration made on the basis of s 31(2)(b) has effect for no longer than 12 months.  The local registration authority must promptly notify the appropriate authorities in each other State and the Commonwealth of the declaration.[6]  Section 31(5) provides that:

   “The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration.”

   [5] MR Act; s 31(3)

   [6] MR Act; s 31(4)

   DECLARATION BY MINISTERS

9. Acting under s 32, Ministers made the Ministerial Declaration. The latest compilation of its provisions is dated 17 November 2015 and it remains operative. It comprises seven clauses, Notes and 25 Schedules. Schedule 25 is entitled “Mutual recognition matrix – Builders (update 2006 matrix)”.  Clause 6(1) sets out how that Schedule, among others, is to be read:

   “The occupation which may be carried on only by a person granted a registration, in the jurisdiction, described in Column A of the Schedule (first jurisdiction) is equivalent to the occupation which may be carried on only by a person granted a registration, in a jurisdiction, described in the same row of the Schedule (second jurisdiction), subject to any conditions, limitations or restrictions indicated in the Schedule.”

10. The Notes that follow but precede the Schedules restates this information:

    “The table at the attached Schedule depicts the registration outcome for any person already licensed in a particular jurisdiction (column A of each row) should they seek to be licensed in an occupation in a second jurisdiction (potentially in any other column in the same row).  Registration shall be granted by the second jurisdiction in the terms specified provided the applicant is already registered in the equivalent occupation in the first jurisdiction.

    If the licence is not included in the declaration, or if the licence outcome depicted in the Schedule is the statement ‘No equivalent declared’, the decision on licence recognition will be made by the relevant registration authority in accordance with the other provisions of the Mutual Recognition Act 1992.

    …”

11. Schedule 25 begins with a list of codes for the State and Territory statutes under which builders’ licences are issued. In the case of Western Australia, the statute is the Builders’ Registration Act 1939 (WA). Row 18 is the only row in Schedule 25 dealing with the registration of a building occupation in Western Australia. Column A specifies “Registered Builder”.  Victoria is one of the second jurisdictions specified in the remainder of the row.  The relevant entries in Row 18 read:

A	B	C	D	E	F	G	H	I
First jurisdiction	Second Jurisdiction
	NSW	VIC	QLD	WA	SA	TAS	ACT	NT
WA
18	Registered Builder	Commercial Builder – Unlimited AND/OR Domestic Builder – Unlimited BCA – All classes

1. I note that, when the Declaration was amended by the Mutual Recognition (Equivalence of Gaming and Other Occupations) Amendment Declaration 2015 (2015 Amendment Declaration), no amendments were made to Schedule 25. The Explanatory Statement to the 2015 Amendment Declaration stated that key changes were made to other Schedules to reflect the fact that certain licences are no longer issued and that other licences have new classifications under the legislation under which they are issued. No reference was made to the fact that the Builders’ Registration Act 1939 (WA) (BR Act 1939), which had been in operation in 2009 when Schedule 25 was made, had been repealed by the Building Services (Registration) Act 2011 (WA) (BSR Act 2011) with effect from 22 June 2011.[7]  Transitional arrangements were made in Division 3 of Part 9 of the BSR Act 2011 so that a person registered under the repealed legislation was taken to be registered under either ss 17 or 18 as it was then in force.  None of those transitional provisions applies in this case as Mr Wesson was registered under the BSR Act 2011. 

   [7] BSR Act 2011; s 107 and s 2

   EVIDENTIARY MATERIAL

2. The only analysis of the occupation for which Mr Wesson is currently registered in Western Australia appears in a file note dated 15 July 2019 and written by an officer of VBA.  After setting out Mr Wesson’s current registration and identifying the category or class of registration he sought in Victoria, the officer wrote:

   “I make reference to Attachments A and B, which have been taken from the Building Practitioner section of the Western Australian Department of Mines, Industry Regulation and Safety website, that clearly state that registration as a building practitioner in that State does not authorise the holder to provide services as a building contractor, they can only take on the role of supervisor whilst being employed by a registered contractor.  In addition to this, only a building contractor is authorised to contract to provide building services to others.  (Refer to highlighted areas of attachments).

   Building Practitioner Registration in Victoria in the Domestic and Commercial classes that Mr Wesson seeks registration, allow the holder to enter into contracts and complete building work.

   Mr Wesson has also applied for registration in the Category of Person Responsible for a Building Project, class of Project Manager (Domestic).  In Western Australia, where he can only supervise trades on site, it is the registered contractor who is the person responsible.

   Building inspection work in Victoria is not carried out by registered builders as it is a specialised field that requires the practitioner to hold the prescribed academic qualification and the minimum number of years carrying out inspection work on all classes of buildings of unlimited size and height and any construction type, as set out in the Building Regulations 2018.

   Conclusion:

   Based on the above, Mr James Wesson is NOT eligible for registration in the Category/Class of Commercial Builder – Limited (Medium Rise work), and Domestic Builder – Unlimited, Project Manager (Domestic) or Building Inspector – Unlimited.”

3. The two extracts taken from the website of the Department of Mines, Industry Regulation and Safety have been retyped.  They do not reference a website address or the date they were copied.  That aside, they do accord with what is written in the VBA file note.  I gave the VBA an opportunity to lodge further evidentiary material.  In particular, I asked for material that would show the activities of the relevant occupations so that I might assess their equivalency.  The understanding was that I would have regard to any further material in making a decision without a further hearing.  My decision was to be made before Mr Wesson’s Western Australian registration expired on 8 October 2019 and he would be able to consider his position.  The VBA has not lodged further material.  Before handing down this decision, I arranged for Mr Wesson to be asked whether he wanted to add any further material but he indicated that he did not wish to do so. 

   CONSIDERATION

4. No doubt the website of a Department, be it Commonwealth or State, will have been prepared with an eye to accuracy.  I do not, however, think that a website of that sort can yet stand in place of primary evidence.  The primary evidence lies in this case in the Act and Regulations that regulate the relevant occupations.  That follows from the fact that s 29(1) of the MR Act requires me to look to the “activities authorised to be carried out under each registration”.  The qualifications required for registration in each State are not relevant.  Only when I have identified those activities can I compare them to determine whether they are substantially the same or whether conditions may be imposed on registration under Part 3 of the MR Act to achieve equivalence between the occupations.  That has taken me first to the legislation under which Mr Wesson is registered as a Registered Building Practitioner (Individual) and other relevant legislation to determine the activities that he is authorised to carry out under that legislation.  I have then turned to Victorian legislation.

   Western Australian

5. Despite its repeal, the BR Act 1939 remains important in the context of Schedule 25 for it provided for persons to be registered under ss 9A, 10 and 10A. The expression “registered builder” is not defined in the legislation but it is used from time to time.  Section 4(1)(B), for example, provided that, subject to the Act, a person who was not registered could not assume, take or use the name or title of “registered builder” or any name, title or description calculated to lead others to believe he is so registered.  Section 10B required any building work carried out by a partnership to be managed and supervised by one of the partners, or an employee of the partners, who was registered under that legislation.  The heading to s 10B states: “Building work by partnership to be under management and supervision of registered builder”.  Section 5A(3)(aa) provided that the Minister was required to appoint to the Builder’s Registration Board of Western Australia a person whom he or she considered to be qualified to represent the interests of “registered builders”.  No provision was made in the Builders’ Registration Regulations (WA) made under the BR Act 1939 or in the Act itself for categories of registration as a registered builder.

6. The BSR Act 2011 established a different regime of registration.  Part 3 of that legislation provides for the registration of building service providers.  The term “registered building service provider” means either a building service practitioner or a building service contractor.[8]  Section 9 provides for two classes of registration:

   “(1)     An individual may be registered under section 17 as a building service practitioner in a class of building service practitioner prescribed by the regulations.

   (2)An individual or a body may be registered under section 18 as a building service contractor in a class of building service contractor prescribed by the regulations.”

   [8] BSR Act 2011; s 3

7. Regulation 6 of the Building Services (Registration) Regulations 2011 (WA) (BSR Regulations 2011) made under the BSR Act 2011 sets out the classes referred to in s 9. Those in r 6(1) are concerned with a registered building service practitioner. Regulation 6(1) provides:

   “For the purposes of section 9(1) the following classes of building service practitioner are prescribed –

   (a)building practitioner;

   (ba)     building surveying practitioner level 1;

   (bb)     building surveying practitioner level 2;

   (bc)     building surveying practitioner technician;

   (b)       painting practitioner.”

8. As a registered building practitioner (individual) (and so as a person registered in a class of building service practitioner), Mr Wesson is entitled to use a title prescribed by the BSR Regulations 2011.[9]  Regulation 14(2) prescribes that a building practitioner may use the title prescribed in Part 1 of the Table set out in r 14(1) i.e. “Registered Builder: Practitioner”, “Registered Building Practitioner” and “Registered Building Services Practitioner”.  Neither the BSR Act 2011 nor the regulations made under it go further to provide what registration entitles a registered building practitioner to do. 

   [9] BSR Act 2011; ss 4 and 10

9. That is to be contrasted with s 11 which provides not only that registration in a class of building service contractor entitles the person registered to use a prescribed title but to carry out a prescribed building service that is prescribed by the regulations for that class of contractor.[10]  A “prescribed building service” is a service prescribed by the BSR Regulations 2011.[11]   The services that are prescribed are set out in r 4 of the BSR Regulations 2011.  They are:

   “(a)     builder work as a principal builder;

   (ba) building surveying work level 1 as the person issuing a compliance certificate;

   (bb) building surveying work level 2 as the person issuing a compliance certificate;

   (b) painter work.”

   [10] BSR Act 2011; s 11

   [11] BSR Act 2011; s 3

1. A “building service” is defined in s 3 of the BSR Act 2011 to have the meaning it is given in the Building Services (Complaint Resolution and Administration) Act 2011 (BSCRA Act 2011.  Section 3 of the latter legislation includes the following definition:

   “building service means any of the following —

   (a) building work (as defined in the Building Act 2011 section 3);

   (b) demolition work (as defined in the Building Act 2011 section 3);

   (c)plumbing work;

   (d) any other service or work prescribed for the purposes of this definition”.

2. Section 3 of the Building Act 2011 (WA) defines “building work” to mean:

   “(a)      the construction, erection, assembly or placement of a building or an incidental structure; or

   (b) the renovation, alteration, extension, improvement or repair of a building or an incidental structure; or

   (c)the assembly, reassembly or securing of a relocated building or a relocated incidental structure; or

   (d) the changing of ground levels of land for the purposes of work of a kind mentioned in paragraph (a), (b) or (c) to an extent that could adversely affect land beyond its boundaries; or

   (e)site work on any land for the purposes of, or required because of, work of a kind mentioned in —

   (i) paragraph (a), (b), (c) or (d); or

   (ii) paragraph (a) or (b) of the definition of demolition work; or

   (f) other prescribed work,

   but does not include work of a kind prescribed for the purposes of this definition as not being building work”.

3. The term “demolition work” is also defined in s 3 of the Building Act 2011 (WA):

   “demolition work means —

   (a) the demolition, dismantling or removal of a building or an incidental structure; or

   (b) the changing of ground levels for the purposes of work of a kind mentioned in paragraph (a) to an extent that could adversely affect land owned by a person other than an owner of the land on which the building or incidental structure that is the subject of the demolition work is located; or

   (c) other prescribed work, but does not include work of a kind prescribed for the purposes of this definition as not being demolition work”.

4. Returning to registration as a building service practitioner, what are the activities in which its holder may engage?  I have examined Western Australian legislation and found that a building service practitioner registered under s 17 of the BSR Act 2011 may undertake the following two activities:

   (1)       Nominated supervisor: BSR Act 2011; s 21

   (a)In summary, s 22 provides that a building service contractor must not carry out a relevant building service during any period in which the contractor does not have a nominated supervisor.  Section 21 sets out who that nominated supervisor may be.

   (b)Section 21(2) does not apply as it would require Mr Wesson to be a building service contractor and he is not registered for that occupation.

   (c)Section 21(3) applies because it requires a building service contractor that is a body to have as its nominated supervisor one of its employees or contractors who is an eligible person for a class of building service contractor in which the contractor is registered.

   (i)The effect of s 21(1) when read with r 20 of the BSR Regulations 2011 is that an “eligible person” is a “building practitioner” for a building contractor (individual), a building contractor (partnership) and a building contractor (company).

   (d)Mr Wesson is a registered building practitioner and so is authorised to carry out the activities of a building supervisor when employed by, or contracted to, a building contractor (partnership) and a building contractor (company).

   (2)Building surveyor: Building Act 2011 (WA)

   (a)The activities of a building surveyor are regulated under the Building Act 2011.

   (b)The term “building surveyor means a building service practitioner, as defined in the Registration Act section 3, who is registered in a class of building service practitioner that is prescribed for the purposes of this definition”.[12]

   (i)Regulation 5 of the Building Regulations 2012 (WA) provides that, for the purposes of the definition of “building surveyor” in s 3, a class of building service practitioner listed in an item in the Table is prescribed in respect of a type of building or incidental structure.  Only three classes are prescribed in that Table: building surveying practitioner level 1; building surveying practitioner level 2; and building surveying practitioner technician.

   (ii)As Mr Wesson is not a registered building service practitioner in any of the prescribed classes, he cannot carry out those activities.

   [12] Building Act 2011 (WA); s 3

5. Division 1 of Part 11 of the Victorian Building Act provides that a person who is not registered in a particular category or class of building practitioner under that Part must not represent or imply that the person is registered in that category or class of registration.[13] The Division prescribes similar offences in relation to other types of work including domestic building work, building surveyor and building inspector. The Victorian Building Act does not prescribe the activities that each may undertake. That is left to the Building Regulations 2018 (Victorian Building Regulations).  The relevant provisions relating to the occupations, for which Mr Wesson has sought registration in Victoria, are:

   [13] Victorian Building Act; s 169

   (1)Building inspector work: Victorian Building Regulations; r 260

   “(1)      A person who is registered in the class of building inspector (unlimited) is authorised to carry out the work set out in column 3 of item 1 of the Table in Schedule 11.

   (2) ...”

   Column 3 of Item 1 of Schedule 11 specifies the following as the work that a building inspector (unlimited) is authorised to carry out:

   “Performance of all the functions that a building inspector is authorised or required to perform under the Act and these Regulations, for all classes of building of unlimited height or floor area including the following—

   (a) undertaking inspections of building work to determine compliance with the Act, these Regulations and the building permit at the request of the relevant building surveyor;

   (b) issuing oral directions to fix building work under Division 2 of Part 4 of the Act if authorised by the relevant building surveyor;

   (c) in relation to building work that has been inspected personally by that building inspector, issuing certificates of compliance under regulation 123 stating that the building work complies with the Act and these Regulations.”

(2)Commercial Builder (limited to the construction of medium rise building work): Victorian Building Regulations

No activities specified.

(3)Domestic Builder (Unlimited): Victorian Building Regulations; r 261

“A person who is registered in a class of domestic builder set out in column 2 of the Table in Schedule 12 is authorised to carry out the domestic building work set out in column 3 of that Table corresponding to that class of domestic builder.”

Column 3 of Item 1 of Schedule 12 provides that the authorised domestic building work that a domestic builder (unlimited) is authorised to undertake is “The carrying out of all components of domestic building work.”

The term “domestic building work” is defined in s 3 of the Victorian Building Act to have the same meaning as it has in the Domestic Building Contracts Act 1995.  That latter legislation defines it to mean “… any work referred to in section 5 that is not excluded from the operation of this Act by section 6”.  In summary only, s 5 specifies work that includes the erection or construction of a home and associated work, the renovation, alteration, extension, improvement or repair of a home and its demolition.  Section 6 excludes certain work including work in relation to a farm building, a building intended to be used for business purposes or a building to accommodate animals.

(4)       Project Manager (domestic): Victorian Building Regulations

No activities specified.

1. Having surveyed the Western Australian and Victorian legislation and in the absence of any evidentiary material by the parties beyond the website material, I have concluded that Mr Wesson’s registration as a Registered Building Practitioner (Individual) does not authorise him to carry out the work of a registered building service contractor in Western Australia.  One of the occupations for which he seeks registration in Victoria - Domestic Builder (Unlimited) – is focused on building activities.  The occupation for which Mr Wesson is registered in Western Australia is not equivalent with that of Domestic Builder (Unlimited) in Victoria.  Mr Wesson’s registration as a Registered Building Practitioner (Individual) does not authorise him to carry out those building activities in Western Australia.  Equivalence could not be obtained by the imposition of conditions on Victorian registration.

1. Although I have not been able to find any prescription of the activities of a Commercial Builder (limited to the construction of medium rise building work) in Victoria, its name indicates that it is the commercial equivalent of registration as a Domestic Builder (Unlimited).  Again, I find that Mr Wesson’s registration as a Registered Building Practitioner (Individual) does not authorise him to carry out the work of a registered building service contractor in Western Australia.  The occupation for which Mr Wesson is registered in Western Australia is not equivalent with that of Commercial Builder (limited to the construction of medium rise building work) in Victoria. 

2. Mr Wesson’s registration in Western Australia authorises him to carry out the activities of a building supervisor when employed by, or contracted to, a building contractor (partnership) and a building contractor (company). His activities do not extend to those specified as building inspector work that must be carried out under the Victorian Building Regulations by a person who is registered in the class of building inspector (unlimited). He is not authorised under his Western Australian registration to act independently as an inspector of building work but only as an employee or contractor as a supervisor of building work. The two are not equivalent occupations. Equivalence could not be obtained by the imposition of conditions on Victorian registration.

3. The fourth occupation for which Mr Wesson seeks registration is that of Project Manager (domestic). Regulation 64 of the Victorian Building Regulations sets out the prescribed qualifications for registration in that occupation. For the purposes of the definition of “building practitioner” in s 3 of the Victorian Building Act, item 7 of Schedule 9 provides:

   “The class of building practitioner in respect of the category of person responsible for a building project or any stage of a building project is the class of project manager (domestic).”

That means that a Project Manager (domestic) is one of the persons coming within the class of “building practitioner” for the purposes of the Victorian Building Act. Mr Wesson’s activities under his Western Australian registration are those of a building supervisor when employed by, or contracted to, a building contractor (partnership) and a building contractor (company). They do not extend to his being responsible for the project or any stage of a project. To impose a condition that he be registered subject to, for example, a qualification that he were an employee or a contractor would be to change the essential nature of the activities of the occupation of Project Manager (domestic) in Victoria where registration relates to the person who carries responsibility and not to the person who is employed by, or contracted to, that person.

1. It follows from my analysis that I am not satisfied that the occupation of Registered Building Practitioner (Individual), for which Mr Wesson is registered in Western Australia, is equivalent to the occupations of Building Inspector (Unlimited), a Commercial Builder (limited to the construction of medium rise building work), Domestic Builder (Unlimited) and Project Manager (domestic), for which he seeks registration in Victoria.  Therefore, I affirm the decision made by the VBA.

I certify that the preceding thirty (30) paragraphs are a true copy of the reasons for the decision herein of Deputy President S A Forgie

[sgd]........................................................................

Associate

Dated:  4 October 2019

Heard:	26 August 2019
Applicant:	In person
Solicitor for the Respondent:	Ms Miriam Fletcher Victorian Building Authority