Amos v Department of Finance, Services & Innovation
[2019] NSWCATAD 96
At a glance
Source factsCourt
NCAT Administrative and Equal Opportunity
Decision date
2018-08-29
Source
Original judgment source is linked above.
Judgment (46 paragraphs)
Introduction
- These two applications seek review of separate determinations by the Department of Finance, Services & Innovation ("the Respondent") in regard to access applications made by Ms Jessica Amos ("the Applicant") pursuant to the Government Information (Public Access) Act 2009 ("the GIPA Act"). In each access application the Applicant requested access to government information held by the Building Professionals Board ("the Board").
- The two matters were heard together and evidence in one was treated as evidence in the other.
Background
- The applications concern building works carried out at a property at Kincumber ("the property"). The property is adjacent to a property ("the Amos' property") that is owned by the Applicant's father, Mr Kevin Amos. Mr William Dagger was a private certifying authority ("the PCA") in relation to the development at the property.
- The Applicant contends that significant damage was caused to foundations of the Amos' property and that the damage was caused by the building works undertaken at the property. The Applicant and her father have been advised that the damage is irreparable and that consequently the house will need to be demolished.
- The Applicant made a complaint to the Board about the conduct of the PCA. The Board found that the PCA's conduct did not constitute 'professional misconduct" or "unsatisfactory professional conduct' as defined in section 19 of the Building Professionals Act 2005.