Mohamad Khalil - BDC05108 - 24 Sept 2025

Disciplinary ground and summary

Three (3) disciplinary grounds were established against Mr Khalil under the Building and Development Certifiers Act 2018 (NSW) (Act).

Mr Khalil contravened laws of this jurisdiction with respect to registration, under section 45(c)(ii) of the Act.

1. Mr Khalil failed to meet the requirements of clause 2(2) of Schedule 4 of the Building and Development Certifiers Regulation 2020 (NSW) (Regulation), in that he did not complete some of his CPD requirements within the timeframe required of him.

Mr Khalil contravened laws of this jurisdiction with respect to dishonesty, under section 45(c)(iii) of the Act.

1. Mr Khalil contravened section 307A of the Crimes Act 1900 (NSW), by recklessly submitting an online renewal application for his Registration with incorrect information in relation to completion of his CPD requirements when he had not completed some of his CPD requirements.

Mr Khalil contravened the certification legislation, under section 45(b) of the Act. Section 4(1) of the Act required Mr Khalil to comply with the Code of Conduct.

1. Mr Khalil did not act with honesty or integrity when completing and submitting his online renewal application given his declaration and signature confirming that he had completed his CPD requirements when he had not completed some of his CPD requirements, contrary to section 3(b) of the Code of Conduct in Schedule 5 of the Regulation; and
2. Mr Khalil did not maintain a satisfactory level of competence in ensuring that he remained properly informed of developments in certification practice and law because he did not complete some of his CPD requirements, contrary to section 5 of the Code of Conduct in Schedule 5 of the Regulation.

The conduct was found to be reckless and was determined to be of moderate severity.

There were mitigating and aggravating factors which affected the final disciplinary action in relation to this decision

Disciplinary action

1. Reprimand Mr Khalil with immediate effect, pursuant to section 48(1)(b) of the Act;
2. Make a determination requiring Mr Khalil to pay the Secretary, as a penalty, an amount of $10,000.00 within the time specified on the face of the penalty notice pursuant to section 48(1)(c) of the Act; and
3. Impose the following conditions on the registration of Mr Khalil for a period of three (3) years from the date of imposition of this condition and with immediate effect, pursuant to section 48(1)(d) of the Act:
   1. Mr Khalil is required to implement a documented compliance management system by 1 February 2026 that:
      • records Mr Khalil’s legislative obligations in relation to Mr Khalil’s ongoing obligations to maintain registration as a registered certifier (Obligations);
      • assess the likelihood and consequence of a failure to meet each of the Obligations;
      • record the processes, systems and controls Mr Khalil will implement to ensure the Obligations will be met; and
      • is regularly monitored and reviewed to ensure it is implemented in practice and is up to date with any changes to the Obligations;
   2. store and retain records of compliance with (1) above and provide those records on request to the Secretary within fourteen (14) days.