Disciplinary ground and summary
- Engaged in conduct in connection with the carrying out of certification work that has fallen short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent registered certifier, under section 45(a) of the Building and Development Certifiers Act 2018 (NSW) (BDC Act); and
- Contravened the certification legislation, namely the code of conduct for registered certifiers, under section 45(b) of the BDC Act.
The registered certifier issued two (2) complying development certificates (CDCs) for developments in NSW having failed to identify that they were not complying development group homes under the Housing SEPP as their plans, designs, and documentation were inconsistent with their high physical support need residents being able live together as a unit or a ‘single household,’
Relevantly the impact of the conduct was assessed as low, given the September 2025 amendments to the Housing SEPP which removed the ‘single household’ requirement for group homes.
The subjective mitigating factors relevant to the final disciplinary action taken included: referee reports showing positive professional conduct, engagement with the disciplinary process, and no compliance history.
Disciplinary action
- Reprimand the Registered Certifier with immediate effect, pursuant to section 48(1)(b) of the BDC Act.