A building certifier whose business earned $100,000 a month has admitted cutting corners on declaring a Deakin residential development exempt from planning scrutiny.
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In the ACT Civil and Administrative Tribunal for the third time for disciplinary action, Joseph Fekete cut corners because he knew the inconvenience a stop-work notice was causing.
He has been fined $1000 (the regulated maximum) and suspended for a month.
The Construction Occupations Registrar, who brought the action against him, reckoned the penalty was ridiculously small and sought a two-month suspension.
Mr Fekete's business, Canberra Region Building Certifiers, was engaged by Ivan Pirjac of National Build to carry out certification on two blocks in Deakin in 2010, leading to complaints in 2011.
Environment and Sustainable Development inspector Sam Bond found four grounds for discipline. He had checked where the design and siting of buildings were not exempt from approval and where Mr Fekete issued building approvals and changed approvals without getting development approval.
Mr Fekete told the tribunal he had taken over from another certifier
and had been unaware of a previous subdivision and new crown leases. The certifier had returned from a month overseas, was busy clearing a backlog and, after being made to issue a stop-work notice on the site, was under pressure.
According to the tribunal, the planning authority relies on certifiers as gatekeepers, to use their skill and expertise to make the regulatory system work.
''This requires that certifiers act with integrity and they carefully and diligently exercise their responsibilities when certifying so the public can have confidence in this regulatory system.
''The evidence does not enable the tribunal to be satisfied that Mr Fekete made a conscious decision to close his eyes when cutting corners; nevertheless, the tribunal is comfortably satisfied from Mr Fekete's own admission that he did cut corners and at the time he was under pressure from the owners and the builders.''
The Registrar's counsel said at issue was the integrity of the certification process, which protected the public, and tension arising from the reality that those who certified made money out of certification.
''In this case we say there are signs of that tension forming an inappropriate balance, there wasn't balance and that there is too much attention on money, his or other peoples, rather than doing what was required of him according to the obligations cast upon him under the act.''
His company had about 500 active projects, he was personally appointed for about 60 of these and at the time of giving evidence another 100 projects were awaiting approval.
The tribunal said there was no retribution aspect of the penalty, which was imposed in the interests of protecting the public.