Turcarolo v Victorian Building Authority (Review and Regulation) [2025] VCAT 1135

1. Under section 51(2) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic) the Tribunal sets aside the decision under review and remits the matter for reconsideration by the respondent, directing the respondent:

(a) to make a further decision on the basis that under section 171(1)(a)(ii) of the Building Act 1993 (Vic), the respondent may take into account the complete evidence of the applicant's qualifications and work history; and

(b) in the course of considering the decision, offer the applicant the opportunity to conduct a plan-based exercise in the nature of a written test or exam in a manner which the respondent judges to be appropriate.

1. In June 2024, VCAT received an application from Mr Antonio Turcarolo seeking review of the internal review decision of the Victorian Building Authority (VBA) trading as the Building and Plumbing Commission[1] (the Commission) refusing him registration as a Commercial Builder (Unlimited) (CB-U). Mr Turcarolo already holds registration as a Domestic Builder (Unlimited) (DB-U).
2. The internal review decision letter dated 19 June 2024 (the Decision) refuses Mr Turcarolo's application on the basis that he did not hold a prescribed qualification nor an equivalent qualification.
3. The decision was made under section 171(1)(a) of the Building Act 1993 (Vic) (Building Act).
4. Concerning holding a prescribed qualification[2] required under section 171(1)(a)(i) - the first limb of section 171(1)(a) - the Decision letter said Mr Turcarolo did not meet the prerequisites because he:
   1. Had not successfully completed any of a:
      1. Bachelor of Construction Management and Economics from Holmesglen Institute;
      2. Bachelor of Construction Management (Honours) from Deakin University;
      3. Bachelor of Construction Management (Honours) from Victoria University;
      4. Bachelor of Applied Science (Construction Management) from RMIT University; and
      5. Advanced Diploma of Building and Construction (Management) (CPC60212) from an RTO; and
   2. did not have at least three years of practical experience working for a commercial builder (unlimited) in the seven years before submitting his registration application to the VBA (as it was then) on 23 February 2024.
5. The lowest level of the prescribed qualifications is the Advanced Diploma.
6. Mr Turcarolo's primary building qualification, a Certificate of Technology (Advanced Building Construction), together with other qualifications (see below) are at a lower level of study than any of the prescribed qualifications.
7. Mr Turcarolo did not contest that element of the decision.
8. Concerning being 'equivalently qualified' and section 171(1)(a)(ii), the second limb, the Decision letter said Mr Turcarolo did not meet those prerequisites. The letter described 'practical experience' as follows:

Otherwise, the VBA considers that suitable "practical experience" for a category or class of registration is experience that:[3]

(a) is directly relevant to the range of work carried out by a practitioner registered in that class, and

(b) involves sufficient breadth, responsibility and application of relevant knowledge to allow an applicant to discharge the functions or responsibilities of a practitioner registered in that category or class at a competent level.

...

The aspects of the prescribed qualification relating to "practical experience" do not apply directly when the VBA considers whether an applicant has an equivalent qualification. However, as set out in more detail below, the VBA does expect that an applicant relying on an equivalent qualification will demonstrate experience closely approximating at least 3 years of relevant experience obtained in the seven years before applying for registration.

1. Concerning Mr Turcarolo's experience, the Decision continued:[4]

I am of the view that you do not hold an equivalent qualification because of the currency of your building experience.

As mentioned above, the aspects of the prescribed qualification relating to "practical experience" do not apply directly when the VBA considers whether an applicant has an equivalent qualification. This means that experience gained in the period prior to 7 years before a registration application is submitted and experience gained after a registration application is submitted can be considered.

However, I am of the view that at least some recent experience is required for the VBA to be satisfied that an applicant holds an equivalent qualification.

The requirement that an applicant assessed on an equivalent qualification pathway demonstrates some recent relevant commercial building experience arises because the VBA must be satisfied that the applicant holds a qualification that it considers is equivalent to that of a person who holds the prescribed qualification.

As set out above, the building legislation clearly requires an applicant who holds the prescribed qualification to have recent experience - at least 3 years of experience in the 7 years before an application is made.

It follows that, generally, an applicant who has no building experience in the 7 years before making a registration application should not be considered to hold a qualification that is equivalent to the prescribed qualification.

One of the reasons that currency of experience, for both the prescribed qualification and equivalent qualification, is important is because applicants should be able to demonstrate working at a high level of responsibility across all components of work, particularly for buildings over 25m in height, applying the current or recent versions of the National Construction Code and Australian Standards.

You have outlined your commercial building experience in the period from 1987 to 2012. It appears from the information provided that you have not worked for a commercial builder since 2012. I note that one of your 3 selected projects began almost 40 years ago.

You also rely on your current role at the City of Melbourne. Based on your position description, your current role has some relevance to commercial building work. However, it is not a builder-side role.

Although your commercial building experience is relevant to determining whether you hold an equivalent qualification, it, together with your experience in your current role, cannot carry enough weight to satisfy the VBA that you hold an equivalent qualification. I am of the view that the VBA should not be satisfied that you hold an equivalent qualification to a person that holds the prescribed qualification where you cannot demonstrate any builder-side experience in the 7 years before you made your registration application and where your latest experience working for a builder was gained well over 7 years before you made your registration application.

Given the position I have taken, it has not been necessary for me to consider your 3 selected projects and your other projects in depth as to whether it is experience that is directly relevant to the range of work carried out by a practitioner registered in the class of commercial builder (unlimited) and involves sufficient breadth, responsibility and application of relevant knowledge to allow you to discharge the functions or responsibilities of a practitioner registered in that class at a competent level. Nevertheless, I note that one of your selected projects commenced almost 40 years ago. At the time of that project, you were 22 years old, you did not have any building qualifications and your role was an assistant role. This type of experience is unlikely to have been strongly supportive of your claim for registration.

You do not meet the academic component or the practical experience component of the prescribed qualification for registration in the class of commercial builder (unlimited). Your application for registration therefore falls to be considered on the basis of whether you have an equivalent qualification.

After reviewing your application as a whole and taking into account the grounds and representations for your application for internal review, I am not satisfied that you have demonstrated a combination of qualifications, experience and other factors that the VBA should consider equivalent to the academic and experience components of the prescribed qualification. This is largely based on the currency of your commercial building experience.

In the circumstances, I conclude that you do not satisfy the registration requirement in section 171(1)(a) of the Act and that the VBA must refuse your application for registration in the class of commercial builder (unlimited).

Accordingly, I have decided to affirm the decision to refuse to grant registration

1. Mr Turcarolo contested the decision concerning the second limb of section 171(1)(a) which was the issue for decision before VCAT.
2. For completeness we note that, as addressed in the Decision, the Commission's original rejection of Mr Turcarolo's application dated 22 May 2024 was unsurprising. He had not paid the application fee and had not provided information requested by the Commission to assess his knowledge and experience in CB-U work. The Commission considered it had provided sufficient opportunities for him to do so.
3. In August 2025, Mr Turcarolo's application reached hearing before Deputy President Proctor as presiding member and Member Cameron, a VCAT member with extensive experience in the building industry.
4. This was the first time that VCAT had been called upon to review a decision with respect to refusal of registration under section 171(1)(a)(ii), as opposed to section 171(1)(a)(i), which VCAT has considered twice (see below).

1. The Commission's website provides a helpful description of the work permitted under such registration:

A person registered in the class of Commercial Builder (unlimited) is responsible for managing or arranging the carrying out of all components of building work for the construction of commercial buildings and structures of unlimited height and floor size, when a building permit is required. The work permitted includes structural and non-structural fit-out and structural landscaping.

As well as the general activities listed above, the person must also have capacity to undertake the following activities in a competent manner and to a professional standard:

• manage and arrange the carrying out of building work, including:
  • construct footings, slab systems and underpinning
  • install external cladding and glazing
  • install services
  • plan site preliminaries and establish the construction site
  • undertake damp proofing and waterproofing
  • undertake partial demolition, protection works, earthworks/excavations
  • undertake steel erection and framing
  • undertake structural and non-structural fit-out.

1. CB-U registration can be contrasted with the 10 other types of limited registration as a commercial builder, as set out at clause 6 Category of Builder in Schedule 9 of the Building Regulations 2018 (Vic) (Regulations).
2. The Commission's website describes the types of commercial builder registration including:
   1. commercial builder limited to construction of low rise building work, up to 15 metres in height with bulk excavations up to a depth of 3 metres; and
   2. commercial builder limited to construction of medium rise building work up to 25 metres in height with bulk excavations up to a depth of 8 metres.

1. At the VCAT hearing, Mr Turcarolo represented himself, supported by his family. Ms Shenstone of Counsel appeared for the Commission.
2. The Commission had assembled a 746-page Tribunal Book of the documentary evidence for the hearing, largely provided by Mr Turcarolo.
3. The Commission also provided helpful written submissions, while as well as succinctly describing why the Commission submitted VCAT should affirm the refusal of Mr Turcarolo's application to be registered as a CB-U, provided Mr Turcarolo with a valuable context in which he could advance his position that he should be so registered.
4. Mr Turcarolo advised that this was a yes or no issue because he sought CB-U registration, and not any of the more limited forms of this registration.
5. He agreed he did not hold the prescribed qualifications and did not have the required three years' experience within the seven years before he applied to the Commission in February 2024.
6. He submitted that he should be registered as a CB-U given his decades of equivalent experience.
7. In response to a question from the Tribunal, Mr Turcarolo described seeking CB-U registration in part as a recognition of his career and status within the industry. He also spoke broadly of the opportunities that come with the registration. For example, he described having potential clients in the field of social housing, noting that other opportunities could open up.
8. Returning to the Commission's submissions and Mr Turcarolo's claim of equivalent experience, the submissions fairly observed:

Furthermore, while the applicant had cited some past building projects as experience, the delegate noted that the examples provided were insufficient to satisfy the qualification/experience requirements - for instance, many project examples were very dated and older than seven years, and lacked supporting documentation, undermining their value as evidence of current competency.

...

The Authority does not dispute that the Applicant is an experienced and well respected practitioner in the construction industry. However, the Authority's duty is to determine whether the Applicant holds the prescribed qualifications and the required practical experience within the period specified by the Regulations.

The evidence confirms that the Applicant does not hold any of the qualifications listed in Regulation 20(a). The Authority has also considered whether the Applicant's qualifications and experience might be equivalent to those prescribed, in accordance with section 171(1)(a)(ii). It does not accept that the material provided meets that standard.

As to practical experience, the Applicant has submitted portfolios describing projects from 1989, 1990, and 2013. These projects all fall outside the seven-year period required by Regulation 258(2)(b). While the Applicant's referees attest to his competence, none address the specific statutory criteria or provide new evidence that would establish compliance with the seven-year requirement

1. As the hearing progressed, we focused on the issue of whether he could establish equivalent experience.
2. Frankly, Mr Turcarolo's presentation of his case in terms of the documentation he had assembled lacked a cohesive presentation in support of his seemingly ambitious application.
3. However, he gave extensive oral evidence of his decades of experience, eloquently describing his experience over a range of major projects, in part referring to the documentation in the Tribunal Book. In cross examination, when taken to the competencies required for CB-U registration (see paragraph 15 above), Mr Turcarolo impressed with his ability to immediately recall relevant projects and his work.
4. At the end of the hearing, we reserved our decision.
5. With Mr Turcarolo self-represented, we considered it fair to provide him with the opportunity to support his application with further material.
6. We ordered that by 22 August 2025, he was to provide to the Tribunal and to the Commission, a written statement of evidence addressing meeting the CB-U competencies.
7. His statement was to substantially address his oral evidence given during cross examination, not expecting a verbatim repeat of the oral evidence in writing and recognising that Mr Turcarolo may on reflection seek to describe other experiences.
8. Mr Turcarolo provided the statement, which is reproduced at Attachment 1. We have removed a great deal of white space, perhaps intended as formatting, although not very successful. We have chosen not to insert headings, etc to improve the formatting, which results in eight pages of fairly dense text.
9. That said, the text speaks to decades of experience. However, it remains difficult in that Mr Turcarolo did not insert dates for his experience, nor any reference to his volumes of supporting documents.
10. We are surprised that given Mr Turcarolo's commitment to this application, he has not chosen to obtain assistance to professionally present his written evidence.
11. His written submission concluded by noting the support of five of referees:
    1. Mr Scott Reid, National President of the Australian Institute of Building. DB-U 11340 and CB-U 6263;
    2. Mr Jim Moschoyiannis, Fellow of the AIB (Australian Institute of Building) FAIB, Fellow of the AIQS (Australian Institute of Quantity Surveyors) FAIB M.I.AM.A Associate Member, Australian Institute of Arbitrators Australia BBldg(QS)Melb, CB-U 2264 and DB-U 11351;
    3. Mr Warwick Iles, CB-U 44909, QBCC: Builder Open Licence - 1315454 MAIB (Australian Institute of Building) 7993;
    4. Mr Bill Genitsaris, Bachelor of Engineering, Civil University of Melbourne, 1988, Member of Association of Consulting Structural and Civil Engineers Victoria. DB-U 25127; and
    5. Mr David Burnell, Project Manager, CB-U 2019, FAIB-10365, National Vice President Australian Institute of Building.
12. The Commission did not call for any of the referees to appear at the VCAT hearing for cross examination.

Can Mr Turcarolo's dated experience be taken into account in deciding whether he should obtain CB-U registration?

1. At the end of the VCAT hearing, we understood that Mr Turcarolo's evidence as to his experience, going back decades, was relevant in deciding the registration issue under section 171(1)(a)(ii).
2. The Commission at the hearing submitted that while Mr Turcarolo has extensive long experience in the industry, his experience since 2012 with Melbourne City Council is in the areas of 'permits and planning' and 'paperwork', rather than on the 'builder side'. It was submitted that discussions and interactions with builders is not the equivalent of working on the 'builder side'.
3. The Commission submitted that Mr Turcarolo's areas of work in the last 13 years have left him without contemporary knowledge such as application of the current National Construction Code and application of Australian Standards related to building.
4. The Commission agreed that Mr Turcarolo, in answering questions in cross examination, demonstrated relevant, but dated, experience with respect to each of the areas of knowledge relevant to CB-U registration.
5. The Commission described the case as 'boiling down to currency of experience'.
6. It submitted that while the three years in seven years' experience 'requirement' was not required under section 171(1)(a)(ii), that factor is highly relevant in considering equivalent experience under that provision.
7. The Commission submitted that with the prescribed qualification and prescribed periods linked in section 171(1)(a)(i), that currency of experience required by that provision, should translate to judging the equivalence of the lower level of qualification and experience needed under section 171(1)(a)(ii) to reach equivalence with the 'prescribed qualification', that term appearing in section 171(1)(a)(ii).
8. This was submitted to be particularly important concerning CB-U registration given the breadth of construction work it registers a person to perform.
9. Given those submissions, we were surprised when in responding to the statement that Mr Turcarolo provided after the hearing, the Commission provided a short succinct written submission, that under the Building Act and Regulations, VCAT could not consider experience earlier than seven years before Mr Turcarolo's application for registration to the VBA.
10. It cited section 171(1)(a) of the Building Act:

Registration

(1) The Authority must register an applicant as a building practitioner in a category or class if the Authority is satisfied that -

(a) in the case of registration other than registration under paragraph (ab) or (ac), if the applicant is a natural person, the applicant either -

(i) holds the prescribed qualification and prescribed experience for the registration; or

(ii) unless the regulations otherwise provide in relation to a particular category or class, holds a qualification that the Authority considers is, either alone or together with any further knowledge, certificate, authority, experience or examination equivalent to a prescribed qualification.

1. It then cited Schedule 9 of the Regulations - Prescribed classes of building practitioners and prescribed qualifications. It submitted that clause 20 - Class of commercial builder (unlimited) - set out the list of tertiary qualifications cited in the decision under review. Concerning 'prescribed qualifications', it specifies the person must have three years of practical experience.
2. We note that clause 20 directly relates to section 171(1)(a)(i), in that this clause sets out the meaning of 'prescribed qualifications' in the first limb. It relates to section 171(1)(a)(ii), the second limb, indirectly in that the qualifications and experience on which equivalence is to be judged are to be judged against the prescribed qualifications.
3. It then cited regulation 258:

258 Prescribed qualifications

(1) For the purposes of section 171(1)(a)(i) of the Act, the prescribed qualifications for registration of a category or a class of building practitioner are any -

(a) degree, diploma, certificate, accreditation, authority, training or examination set out in Part 3 of Schedule 9 for the category or class of building practitioner; and

(b) practical experience set out in Part 3 of Schedule 9 for that category or class of building practitioner.

(2) In this regulation practical experience -

(a) includes compliance with any supervision requirements during the obtaining of that experience; and

(b) must have been obtained in the 7 years before the application for registration was made.

1. We note that regulation 258 addresses section 171(1)(a)(i), not (ii).
2. The Commission's submissions conclude:

It is clear from the interplay of section 171(1)(a) and Regulation 258 that any practical experience must have been obtained in the 7 years before the application is made for it to be considered equivalent to the qualifications set out in Regulation 20 Schedule 9.

The Respondent must not consider the Applicant's experience if it is older than 7 years. The use of 'must' in this context removes any discretion that the respondent may have had to consider experience outside of the 7-year period. If the Respondent, and by extension the Tribunal, considers matters beyond that limited scope, it falls into error.

The Respondent otherwise relies upon the material put prior to and at the hearing.

The Tribunal should refuse the application.

1. We reject that later submission. The position put on behalf of the Commission at the VCAT hearing is correct.
2. Section 171(1)(a) sets out two pathways to registration, which we also referred to as providing two limbs by which one may be registered.
3. There is the well-trodden section 171(1)(a)(i) pathway of 'prescribed qualification' and 'prescribed experience'. Experience earlier than seven years before application cannot be considered.
4. The 'path less travelled' is registration under section 171(1)(a)(ii), where a person holds a qualification that the Commission (and so VCAT on review) considers is either alone or together with any further knowledge, certificate, authority, experience or examination equivalent to a prescribed qualification.
5. The Regulations do not provide otherwise. The Regulations do not specifically reference section 171(1)(a)(ii).
6. The whole point of section 171(1)(ii) is to provide an alternative to the requirements of prescribed qualification.
7. VCAT addressed this issue in Freckleton v Victorian Building Authority.[6] While the case concerned the Commission's power (or not) to grant conditional registration under sections 171(1)(a) and 171H as a commercial builder (limited), the Tribunal's approach to section 171(1)(a) is instructive. VCAT said from [20]:

The first issue to be addressed is whether Mr Freckleton satisfies the requirements for registration in section 171(1)(a) of the Act.

The prescribed qualification for the purposes of CB-L registration (limited to construction of low rise building work) are set out in clause 21 of Schedule 9 of the Regulations, which require the successful completion of a course on construction and at least three years' of practical experience.

The first three courses are the same as the prescribed qualifications for commercial builder (unlimited) registration. The last course is a diploma of building and construction (building) from a registered training organisation that includes certain 'required units of competency', being to 'apply building codes and standards to the construction process for large building projects' and 'apply structural principles to the construction of large, high rise and complex buildings'.

In his application, Mr Freckleton crossed out the section on qualifications relating to completion of a course, and he concedes that he does not have any such qualifications. It follows that he cannot satisfy the requirements of section 171(1)(a)(i) of the Act.

The question is then whether, having regard to any qualification he does hold and any certificate, authority or experience, Mr Freckleton holds qualifications that are 'equivalent to a prescribed qualification'.

While there is no direct evidence of the scope of the content of the four courses listed as the prescribed qualifications, it can be inferred from the competencies for the last course that each of the courses must cover large, high rise and complex buildings.

I also infer that the reference to competencies in large, high rise and complex buildings would cover construction of buildings exceeding nine metres in height, having basements and involving the use of concrete panels.

As Mr Freckleton concedes that he does not have any experience in the matters mentioned in the preceding paragraph, it necessarily follows that he does not satisfy the requirements for registration under section 171(1)(a)(ii) of the Act, at least in the absence of any conditions limiting the scope of his work.

1. From that point, the decision focuses on the conditional registration issue and is not instructive here. For completeness, we note that VCAT decided that the Building Act gives power to grant conditional registration and remitted the question back to the VBA.
2. In Daggecen v Victorian Building Authority,[7] VCAT's analysis (from [3]) of issues of proof with respect to registration as a DB-U under section 171(1)(a)(i) is helpful:

In December 2018, Ms Daggecen completed a Diploma of Building & Construction (Building) from the Centre for Advanced Studies in Building & Construction Management. It is common ground that this satisfies the first of the two limbs of the legislative requirements, being the academic requirement, set out in s 171(1) of the Act, and regulation 258 of the Building Regulations 2018 (the Regulations).

The issue for the Tribunal to determine is whether or not Ms Daggecen satisfies the second limb of the legislative requirements, that is, the 'practical experience' requirement.

Clause 31 of Schedule 9 to the Regulations prescribes the practical component of the qualifications required for registration as a DB-U as 'at least 3 years of practical experience'.

The term 'practical experience' is not defined, save that under reg 258, it:

(a) includes compliance with any supervision requirements during the obtaining of that experience; and

(b) must have been obtained in the 7 years before the application for registration was made.

The VBA interprets the legislation as requiring practical experience in the relevant class for which registration is sought. It assesses an applicant's practical experience by conducting a one hour 'Plan Based Exercise' (PBE), which is in the nature of a written test or exam, and by conducting an interview (Interview).

In our view, that is an appropriate approach to the assessment of whether the level of 'practical experience' required under the legislation had been attained.

1. The Tribunal was applying section 17(1)(a)(i). It focused on the term 'practical experience' from regulation 258. Based on the evidence from the plan-based exercise which Ms Daggecen had completed at the Commission and with further evidence available to VCAT, the Tribunal decided she did not have that practical experience and affirmed the Commission's decision that her application be refused.
2. Returning to the Commission's submission here that we may only consider Mr Turcarolo's experience for the seven years before he made his application to the VBA, we disagree that the word 'must', in the first line of section 171 produces the result submitted. Concerning both limbs of section 171(1)(a) the VBA, and so VCAT on review, is only required to register if the relevant criteria are met. In that context, 'must' has no practical mandatory effect.

1. The question for VCAT in this proceeding, with respect to section171(1)(a)(ii), is whether Mr Turcarolo:
   1. holds a qualification; which
   2. with his further knowledge, certificate, authority, experience or examination; is
   3. equivalent to a prescribed qualification under section 171(1)(a)(i) which would qualify him to be registered as a CB-U.
2. Mr Turcarolo holds the qualification of Certificate of Technology (Advanced Building Construction) from the then Royal Melbourne Institute of Technology dated 1 January 1991. This was submitted to be his primary relevant qualification.[8]
3. The Commission, in its internal review decision, noted that this qualification was also at a lower level than the courses specified in the prescribed qualifications nearer to the time when Mr Turcarolo was issued with his certificate. For example, under the Building Regulations 1994 (Vic), a degree, diploma or associate diploma of building from a university or TAFE College within the meaning of the Tertiary Education Act 1993 (Vic) was required.[9]
4. On the issue of 'further knowledge' and 'further certificates', Mr Turcarolo provided evidence of other qualifications and professional membership being:
   1. Fellow of the Australian Institute of Building Proprietary Limited - 24 October 1986;
   2. Work Safety in the Construction Industry - 18 October 2017 - Master Builders Association;
   3. Certificate III in Occupational Health & Safety (Building and Construction) - 5 August 2009 - Master Builders Association;
   4. Certificate IV in Engineering - Statement of Results - 17 December 2013 - Chisholm Institute of TAFE; and
   5. Construction Induction Training - 18 October 2017 - Master Builders Association.
5. Also, on the issue of further knowledge and on the issue of 'further experience', as well as Mr Turcarolo's description at Attachment 1, the Tribunal Book contains much evidence. We describe these in order that they appear in the Tribunal Book.
6. We note technical referees' reports, identifying projects, Mr Turcarolo's role or roles and on the Commission form, the referee filling out checkboxes in support of Mr Turcarolo's CB-U application by:
   1. Mr Iles, Australand Holdings Limited with reference to three project addresses during the 'supervision period' which spanned 2007 to 2019 (long gaps). The reference is dated 24 January 2024;[10] and
   2. Mr David McKern, Construction Manager working with Hooker Multiplex Constructions and Jennings Industries with reference to two project addresses spanning 1989 to 1991. The reference is dated 13 February 2023.[11]
7. Mr Turcarolo introduces his VBA registration application form with a note concerning 'statement of experience in the class you seek registration in', stating that he does not have copies of technical examples of this experience because he was not permitted to retain confidential information for the projects he worked on. He notes that he is 'happy to be tested on all items'.[12] In support of that statement he highlights documents (see below), which contain confidentiality clauses and the like.[13]
8. The following pages[14] provide both short comments on aspects of experience and some detailed paragraphs such as the first paragraph on the form about identifying and planning site preliminaries, where Mr Turcarolo ticks the box indicating such work on '11+' projects:[15]

Site managed many projects to date encompassing all these references

Attending all safety meetings and walk and monitoring

I was one of the first to hire and use the Deck Guard rail system for perimeter roof fall protection and attended the Worksafe awards for this product, Circa 1988

Developed safe systems of work around many High Risk lift shafts and stair shafts, IE with DU and Worksafe, ie Southgate

Developing SWMS and ensuring full worker consultation and implantation

Performed site inductions and toolbox meetings.

In charge of all Gantries and hoardings and management for many projects

Conducted set for foundations and many building elements, structural Steel frames, timber frames and fit s for offices.

Management all site logistics for deliveries, Tower crane and mobile crane use.

Engaged traffic management companies to implement traffic plans during road and Lane closures on many occasions for many projects.

Multitude or plant and equipment hire and/or design ie scaffolds, swingstages. procurement and management of all major Plant and equipment.

Organized and managed Tower crane erections. Jumping and removals.

1. Mr Turcarolo provided a five-page document titled, 'Commercial Building, construction and development experience (but not limited to)', spanning June 1987 with Hooker Multiplex Constructions as 'Site coordinator/Project managers assistant from commencement to completion' (project value $30M) to September 2012, with Australand Holdings as general foreman for refurbishment and additions to 357 Collins Street (project value $250M). He described, from May 2017, as being reemployed by the City of Melbourne as a Permits Liaison and Inspection Officer.
2. As proof of his experience, he provided a range of documents such as (again in Tribunal Book order, not citing all documents):
   1. an offer of employment from Jennings Industries (20 April 1990);
   2. confirmation of appointment as coordinator on the 2041 Lonsdale Street Melbourne project (8 June 1987);
   3. a very positive reference from Mr Iles, Deputy General Manager Construction, Australand, (2 September 2009) concerning his employment from 2007 to 2009 as a Quality Manager including on the Twenty8 Freshwater Place Southbank Project. Mr Iles wrote of a downturn in the market, meaning the company could not offer him any further work. However, if things improved they would not hesitate to re-employ him;
   4. a September 2018 reference from Mr Peter Nolan addressed to the Australian Institute of Building in support of Mr Turcarolo's membership being upgraded to Fellow;
   5. a range of positive references in 1992 in support of Mr Turcarolo being registered as a DB-U;
   6. in 2012, Australand re-employs Mr Turcarolo as a foreman in the Commercial & Industrial Division, who will again report to Mr Iles as shown in a letter of offer;
   7. various payslips with various companies, including Hayes Recruiting which showed Mr Turcarolo employed with Baulderstone Hornibrook (2004 and 2005), St Hillier's construction (2005), JA Dodd (2005), Buxton Constructions (2006 and 2007), Lend Lease Development (2010 and 2011) and VDM Consulting (2011); and
   8. a range of correspondence and documents related to Mr Turcarolo's work with the City of Melbourne, as an example, the first being a 2018 email chain concerning a 35-story building project in Little Collins and traffic flow. Mr Turcarolo was praised for offering inventive novel solutions. There are examples of Mr Turcarolo raising strong objections to elements of projects with the relevant companies. These are intended to demonstrate him relying on his experience and expertise in the building industry.
3. The Tribunal Book continued with correspondence between the Commission and Mr Turcarolo concerning his CB-U registration application. By letter dated 14 February 2024, the Commission refused to accept the application due to various shortcomings. This included the Commission's view that 'under regulation 258(2), "practical experience" must have been obtained in the seven years before the application for registration was made'.

1. In February 2024, Mr Turcarolo resubmitted his application to the Commission, dated 23 February 2024. He provided a substantial description of his work with the City of Melbourne, then for almost the last seven years. He offered to undertake an interview concerning his commercial building competency and experience and noted he could provide numerous further references from currently registered CB-U practitioners.[16]
2. By letter dated 4 April 2024, the Commission described shortcomings in Mr Turcarolo's application providing the opportunity to make a final submission.
3. Mr Turcarolo then provided a 19 April 2024 reference from Mr Isles, then Director, About Time Projects. He wrote of knowing Mr Turcarolo since 2007 and said:

Anthony has a proven command of the entire building and construction process. He is very experienced with managerial aspects relating to building works and is very experienced supervising the works as a site manager.

I have no hesitation that Anthony would make a professional and competent commercial builder and support his commercial Unlimited builder application with the VBA.[17]

1. This reference was presumably attached to a final submission from Mr Turcarolo to the Commission dated 19 April 2024. He submitted that the Commission should exercise discretion to register him due to his vast and extensive experience.
2. He provided a reference from Mr David Burnell, Project Manager, D Burnell and Associates dated 17 April 2024 where the letter also showed Mr Burnell was National Vice President, Australian Institute of Building. We quote his reference in full:

I have known Tony Turcarolo for approximately twelve years, since I joined the Victorian Chapter Committee of the Australian Institute of Building as a general committee member in early-2010. I remain on the Victorian Chapter committee and have served as a past Victorian Chapter President (2013 - 2014) and past National President (2018 - 2020) of the AIB. In this time, I have been involved with Tony through our shared involvement in Victorian Chapter activities and CPD events hosted by the AIB which have assisted active members like Tony to stay current with industry trends and commercial practice on construction sites which has involved attending and hosting site tours for members.

I have also worked directly with Tony during his time at the City of Melbourne when I have had city-based projects. This includes my work with Johnstaff Projects on a Heritage Restoration project at 401 Collins St. Works which involved the provision of a lift upgrade to the two public lifts in the building while keeping the existing office building operating over 11 floors. We obtained a permit and commenced site work in August 2016 with our initial site establishment. This project was then extended with the Stone Facade restoration to the front of the building in the latter half of 2016. Over the next two years, Tony was a key contact at MCC when this project was further extended from the initial $600k lift improvement package to a $12.5m facade repair and cold shell strip out ready for a separate fit-out by a new building tenant completed in 2018.

Other projects in the CBD completed with Johnstaff have included Manchester Unity Building facade and awning lighting repairs, Data 61 tenancy work at 710 Collins St (rear of Goods Shed 35), MBAV East Melbourne - Lobby upgrades and level 4 tenancy works, 386 William Street site safety (secure vacant building), Melbourne Institute of Technology (old Argus Building) tenancy works. Consultation with MCC- Building and Planning has also involved Tony's expertise and experience in his current role to assist Johnstaff in Melbourne on site access and construction management planning and permits. His experience in commercial construction, industrial projects and fit-out works is extensive and demonstrated in the understanding and use of practical construction methods ,md project management that preceded has role with the MCC.

In summary, I have known Tony for several years now with his association as a Fellow of the AIB (Australian Institute of Building), I have also worked directly with him in his current role at the City of Melbourne - Planning and Building department. He has demonstrated his team leadership skills and the ability to make considered and accurate decisions. l am pleased to write this reference, and I would have no hesitation in recommending Tony to be registered as a Commercial Builder Unlimited.

If you require any further information, please do not hesitate to contact me personally...

1. By letter dated 15 April 2024, Mr Ross Snowball, Regional Managing Director, Multiplex Constructions, who holds CB-U registration, wrote of knowing Mr Turcarolo since 2004 when they worked on the Austin Mercy Hospital Project and having had the opportunity to work with him in his current role at the City of Melbourne. Mr Snowball said:

Tony has considerable construction experience and knowledge and I have no hesitation in recommending him to be approved as a commercial unlimited builder.[18]

1. Mr Turcarolo provided two sets of plans.
2. The 541 Lonsdale Street structural plans[19] were provided as part of his portfolio of experience, showing the structural scope of a major multi-storey project he was involved with from start to finish. This was to assist with understanding the size and complexity of the project when he did not have access to other information the Commission had requested. These show retention and structural systems for the project and are consistent with systems still used by projects today (noting the latest date on these documents appears to be October 1988).
3. The March 2010 Building the Education Revolution (BER) plans,[20] by Hayball Pty Ltd and Gray Puksand, were also provided as evidence of the type of smaller scale commercial/education projects Mr Turcarolo was involved with during his time working with Lend Lease (via Hays Personnel). These show scope of works including external claddings, roofing, internal linings, and more. Again, these were provided as evidence of projects when he did not have access to other information the Commission had requested. These show typical construction systems for these BER projects and are consistent with systems for these scale projects still in use today.
4. Mr Turcarolo travels back in time with photographs of some projects[21] which he says he managed at 525 Lonsdale Street (1987-1989), Southgate (December 1989 to December 1991), Parkmore Shopping Centre (1994-1995, managing 18 electricians), Mansion on Bourke, 155 Bourke Street (July 1998), 153 Wellington Parade South, and 73 Flinders Lane.
5. On 3 May 2024, the Commission received a reference from Mr Moschoyiannis, Director, L.U. Simon Builders, dated 2 May 2024. He supported Mr Turcarolo in the role of licenced building practitioner. Mr Moschoyiannis did not refer to CB-U registration. However, see below for the more extensive reference from him.
6. Mr Burnell provided a 14 June 2025 reference for the purposes of this VCAT proceeding:[22]

I am a registered building practitioner CB-U2019 and currently work in commercial construction and project management. I commenced my career aa a carpentry apprentice in 1980 and moved through the trade and into the office of a Tier One Builder. I have worked through various roles (Tradesman, Estimator, Junior Administrator. Site Coordinator, Quality Coordinator, Project Administrator, Project Manager. Senior Project Manager, Project Construction Manager. Contracts Manager) over the last 45 years.

I am an experienced commercial building professional. Since 1997. I have been a Project Manager or team leader across a large variety of commercial buildings with a mix of new build and restoration & refurbishment projects. The projects I have led since 1998 have included a number of award-winning projects for both the Australian Institute of Building [AIB) and Master Builders Association Victoria [M8AV]. When first licensed in 1998 by the Building Practitioners Board, I also was a finalist for a number of years in the annual CPD award events run by the BPB. With the establishment of the VBA, I have contributed to a number of consultation panels and groups to provide feedback and industry consultation as a representative of the AIB. I have participated in Building Minister's Forum meetings throughout the period of Prue Digby as VBA CEO and into the commencement of Sue Eddy's term as CEO before the BMF commenced a focus on combustible cladding and for Victoria established the Cladding Task Force and Cladding Safety Victoria [CSV]. I have worked as an 1PM for CSV overseeing the rectification of combustible cladding for 9 residential (Class 2) building sites within a tranche of 19 project being managed by Johnstaff Projects.

As an active member of the AIB. I have served on the AIB Victorian Chapter Committee since 2010 and on the AIB National Council since 2012. I have held a number of committee and National Council positions including Victorian Chapter President and National President. I have come to know Tony Turcarolo as an AIB Member through my voluntary activity for the Institute before he advanced to become a Fellow - FAIB.

Through my work on commercial building sites in the Melbourne CBD, I have had intermittent business involvement with Tony when undertaking work that required Council Permits and Traffic or Protection measures involved with the site Construction Management planning and approvals.

I was asked to provide an opinion of Tony's work history and construction experience in support of his application for registration as a Commercial Bulder Unlimited.

I have reviewed the (5-page) summary of projects and roles provided by Tony, and I have either worked alongside the named projects or in the case of K-Crete and JA Dodd also employed these companies as subcontractors during my 20-year service at Hansen Yuncken P/L which finished in 2003. The range of construction work is similar in nature to work I have managed, and the strong site-based involvement by Tony in my opinion enhances his suitability as a candidate for an unlimited commercial license given the number of multi-level buildings of 7 levels and up to 15 levels.

1. Mr Iles likewise did with his 17 June 2025 reference:[23]

My name ls Warwick Daniel Iles ...

I have been a Registered Building Practitioner in Victoria CB-U 44909 since 1 June 2015.

I have held an Open Builder's license in Queensland #1315454 since 4 November 2015.

I am a member of the following associations and institutions:

1. Australian Institute of Building Chartered Building Professional 'Member' #7993 since 1 December 1999.
2. Master Builders Association Victoria Specialist Contractor Member #299386 since 1 June 2015.

1. University of Canberra Degree of Bachelor of Construction Management & Economics. Completed 26 April 1995.
2. University of Melbourne Master of Property and Construction. Completed 25 August 2010.
3. MBAV Certificate lV in Building and Construction (Building) CPC40110. Completed 1 January 2016.

My business (About Time Projects) has received the following awards from the Australian Institute of Building ('AIB'):

1. Victorian Professional Excellence award for the Agility Logistics New Warehouse and Office Tullamarine in 2021.
2. National High Recommendation award! for the AgHity Logistics New Warehouse and Office Tullamarine in 2021
3. Victorian Professional Excellence award for the Petcare project in Parkes NSW in 2022.
4. National High Recommendation for the Petcare project in Parkes NSW in 2022.
5. Victorian High Commendation award for the Project Nerio Eastern Creek NSW in 2024.

I am an experienced commercial building professional and commenced working in commercial projects whilst completing my degree in Canberra in 1992 as a cadet for Manteena Pty Ltd. I then worked in Vancouver, as a Site Administrator for United Properties Limited. I have since worked for various builders and developers including: Paynter Dixon Constructions Pty Ltd as Contracts Administrator, CMS Consulting as Project Manager. ICA Properties Pty Ltd as Project Manager and then Australand Holdings Limited as a Project Manager and then promoted to General Manager Construction Southern Region. In 2015 I set up my own Project Management business About Time Projects Pty Ltd and currently employ two project managers and one design Manager.

Throughout my career I have worked as a commercial Builder and Project Manager. I have extensive experience and knowledge in the commercial, retail, industrial, and aged care sectors. As a Builder I have carried out works extensively throughout Victoria and other states ln Australia.

I previously provided a reference to the Victorian Building Authority for Anthony Turcarolo dated 19 April 2024. I reiterate that I have known Anthony Turcarolo since 2007 where I employed him as Quality Manager whilst at Australand Holding Limited for the Twenty8 Freshwater Place Southbank commercial project worth circa $250,000,000. I later re-employed Anthony Turcaroto as a Site Manager in 2012 whilst at Australand Holdings United for the 357 Collins Street Melbourne commercial project worth circa $250,000,000.

l was asked to provide an opinion. of Anthony Turcaroto's work history and construction experience in support of his application for registration as a Commercial Builder Unlimited in Victoria.

I have reviewed the Curriculum Vitae of Tony Turcaroto (attached) and confirm the details provided whilst working at Australand Holdings Limited are correct. I confirm that whilst working at Australand Holdings Limited Athony Turcarolo demonstrated a high degree of understanding and knowledge of all facets of commercial building in particular structural elements, facade and office/retail fitout elements.

I am aware Anthony Turcarolo is an active member within the AIB and have seen him at various AIB events.

Summary of Position

I have known Anthony Turcaroto for approximately 18 years whilst he worked for me at Australand Holdings Limited and have continued to remain in contact with him including catching up with him at various AIB events.

I fully support and recommend Anthony Turcarolo's application for a Commercial Builder Unlimited license with the Victorian Building Authority.

1. Mr Moschoyiannis provided a fuller 17 June 2025 reference:[24]

I have known Tony for over 18 years initially as a quality manager at the publicly listed Australand and then later as a senior officer at the City of Melbourne.

In particular, we interacted on 2 major complex projects each being in excess of $100m in construction costs which were built on time on budget and to a high quality, as evidenced by the awards that they won the second one earning us the title of Master Builder of the Year.

Tony's knowledge of the codes and standards made a significant contribution to both projects. In fact the second project would not have proceeded without Tony's contribution as 2 multinational builders had previously abandoned it saying it could not be built.

I don't have and never had any private or business relationship with Tony other than my respect for a highly competent, knowledgeable, hard working and honest person.

I understand this reference is for the purposes of a hearing to determine Tony's CB-U application, my very firm view is that Tony is precisely the type of person that should occupy the rank of Building Practitioner. I would be happy to provide more details, in person if required.

1. He provided his resume. It describes his education and affiliations as Bachelor of Building (Q.S.), Melbourne University Fellow, Australian Institute of Building Fellow, Australian Institute of Quantity Surveying and Associate Member and Australian Institute of Arbitrators Australia. It also provides details of his CB-U and DB-U registrations. The resume describes Mr Moschoyiannis starting in the building industry in 1981, joining LU Simon in 1982 and having constructed over 150 projects with a combined contract value over one billion dollars. The resume described his roles with the Master builders Association Victoria, RMIT University, Melbourne University and Deakin University.
2. Mr Reid provided a 16 June 2025 'submission' as a referee for Mr Turcarolo:[25]

I am a registered building practitioner CB-U 6263, DB-U 11340 and work as a Construction Manager for a major Victorian Builder, I have been working in the Construction Industry for near on 44 years. Please see attached my CV outlining my qualifications, experience and referees.

I am a very experienced building professional and was a Project Manager since 1993 until 2006 when I became a Construction Manager which is still my current role. Some of these projects are iconic Melbourne landmarks along with being award winning buildings for the Australian Institute of Building and Master Builders Victoria. I have also been involved in Industry forums.

I have known Tony for over 17 years and worked with him very closely in his role as Quality Manager on a prestigious major commercial project valued over $110 million dollars. Tony's knowledge of the building code and standards was paramount to the success of the project. Following on from this I dealt with Tony on a number of major city developments in his role at the Melbourne City Council including navigating our way through the impacts of Covid-19 whilst driving piles for an 18 storey building in a residential area during lockdown. Tony is very meticulous in his approach and has a vast construction knowledge.

I have also had an association with Tony in my roles as the Victorian President of the Australian Institute of Building and as the National President of the Australian Institute of Building for which Tony was accredited to the level of Fellow of the Australian Institute of Building due to his experience and knowledge of the Construction Industry.

With the request to provide my opinion on Tony's construction experience and along with my own working experiences with Tony, I have reviewed his working history and had also awarded (sic) multi-million dollar contracts to a number of the major subcontractors that Tony had roles with. Tony clearly played a major role in some of these projects which supports his application for registration as a commercial builder Unlimited CB-U.

Summary of position

My final summary position is that Tony clearly is a suitably qualified candidate with a vast building knowledge and building experience. I support recommend Tony's application be approved for commercial builder Unlimited CB-U as Tony is the type of candidate we need as a registered building practitioner.

1. Mr Genitsaris provided a reference dated 30 June 2025:[26]

Brief Background

Mr Tony Turcarolo has informed me that he has applied to register as a Commercial builder, with the VBA, however Mr Turcarolo's application has been denied. Mr Turcarolo has contested the decision and hence the matter is listed for hearing in VCAT.

Mr Turcarolo as requested that I prepare a reference, in relation to the experience that Mr Turcarolo has, and to provide my opinion as to whether Mr Turcarolo has adequate experience, knowledge and ability to be a commercial builder.

History of experience and assessment

I have worked with Mr Turcarolo on various projects in the past. My role on those projects, was as a consulting structural engineer, where I attended site, and addressed issues, some of which were of a temporary nature, e.g. temporary propping) and provided advice in relation to structural matters on commercial building sites. I recall that, I would meet with Mr Turcarolo on site, where upon Mr Turcarolo would explain the issues of concern. Detailed discussions followed, covering various aspects of the building works and issues associated with addressing the matter.

During these discussions, at various building sites over the years, it became clear to me that Mr Turcarolo had an immense knowledge base regarding the construction of commercial buildings, dealing with both the administrative aspects and the on-site practical side of building.

On all of the building sites, where I worked with Mr Turcarolo, I recall that Mr Turcarolo was in the position of site manager. The company that Mr Turcarolo worked for, was Hamilton and Marino Builders Pty. Ltd.

Projects where I worked with Mr Turcarolo, include the following:

1. 155 Bourke Street Melbourne
2. 153 Wellington Parade South, East Melbourne
3. 6 Albert Street Preston
4. 15-19 Hall Street, Hawthorn East
5. Flinders street train station.

Based on my first hand experience dealing with Mr Turcarolo, on commercial building sites and liaising with Mr Turcarolo in more recent years, it is my opinion that Mr Turcarolo has adequate experience and knowledge, to be a competent commercial builder. For these reasons I support his application to be accepted as a commercial builder.

1. Finally, concerning the documentary evidence, Mr Turcarolo provided a resume spanning his graduation from Coburg Technical School in to 2025.[27]

1. Mr Turcarolo gave oral evidence at the VCAT hearing describing his career. He referred to a range of projects, reflecting the substance of some of the documentary evidence.
2. His evidence included his range of varied responsibilities in his current role with Melbourne City Council and over past years, including on the South Gate Project, the Dandenong Police and Law Court Upgrade, the Park Shopping Centre, the Parkview Industrial Project and other projects.

1. Mr Turcarolo submitted that this is an extraordinary case that deals with a majority of a career's worth of experience. He described his experience and knowledge gained over 35 years as not diminished by not having three years' direct experience in the last seven years.
2. Concerning the more recent years when he has worked for the City of Melbourne, he submitted this was not a material disadvantage because the building industry is not a fast-evolving industry, compared to, for example, the fields of artificial intelligence and medicine.
3. Concerning currency of his qualifications and knowledge, he described construction methods remaining basically the same. Mr Turcarolo described the overarching principles of the National Construction Code (NCC) and Australian Standards (AS) as remaining essentially unchanged, with him well equipped to the extent required to update his knowledge and apply the relevant current standards.
4. He acknowledged the major role of relevant building surveyors to ensure compliance and said that he would always consult the Registered Building Surveyor as required by the NCC.
5. On the issue of whether he would have at an earlier time, given his qualifications and experience been able to obtain CB-U, Mr Turcarolo said that his Certificate of Technology and three or four years of his experience, taken together, would have met registration requirements at the time.
6. Mr Turcarolo described himself as comfortably answering all the questions put to him in cross examination, to be confirmed in writing, well illustrating his knowledge and experience.
7. That evidence is encapsulated in Attachment 1, so we do not further describe it here.

1. VCAT's powers to make decisions under review are found at section 51(2) of the Victorian Civil and Administrative Tribunal Act 1998 (Vic).
2. The Tribunal may affirm the decision (the decision under review stands), vary the decision, set aside the decision and make a fresh decision or, as we have done here, set aside the decision under review and remit the matter for reconsideration by the decision-maker, in accordance with any directions or recommendations of the Tribunal.
3. The above orders set the decision under review aside and direct the Commission:
   1. to make a further decision on the basis that under section 171(1)(a)(ii) of the Building Act 1993, the Commission may take into account the complete evidence of Mr Turcarolo's qualifications and work history; and
   2. in the course of considering the decision, offer Mr Turcarolo the opportunity to conduct a plan-based exercise in the nature of a written test or exam in a manner which the Commission judges to be appropriate.
4. In the probably unique circumstances of this case, in our view, Mr Turcarolo should, given the evidence of his knowledge and experience, have the opportunity to have the Commission re-consider his application for CB-U registration, on the evidence now available, testing Mr Turcarolo as to the currency of his expertise through examination.
5. Mr Turcarolo should have the opportunity to make good his opinions that the 12 years since he worked on the 'builder side' has not significantly dated his knowledge and experience, given the relatively slow evolution of building practice.
6. This will in part give him the opportunity to demonstrate whether, as he claims, he is able to well apply the current NCC and AS.
7. It should already be apparent from our reasons that Mr Turcarolo impressed at the VCAT hearing with his evidence concerning his knowledge and experience, far more than he had done so in the documentary evidence.
8. We have also been significantly influenced by the multiple references from highly experienced building practitioners, some being leaders in the field. They have gone to significant lengths to emphatically support Mr Turcarolo's application for CB-U.
9. We do not accept a closing submission on behalf of the Commission that while the references illustrate the fact that Mr Turcarolo is an outstanding person within the industry, they do not assist on the issue of currency of Mr Turcarolo's knowledge and experience.
10. The Commission submitted that Mr Burnell's reference is based on his involvement with Mr Turcarolo in Mr Turcarolo's current role ('permitting and planning' as opposed to 'building') and a review of a five-page summary of projects, where Mr Burnell had not worked alongside Mr Turcarolo in those projects.[28] It similarly submitted that the other four 'core referees' do not significantly assist in assessing Mr Turcarolo's currency of knowledge and experience on the 'builder side'.
11. However, the Commission could have required those referees for cross examination. Given the strength of the support and the offers in the references to provide further information, it appears highly likely they would have agreed to attend the VCAT hearing.
12. In that situation, we give the multiple strongly supportive references significant weight in favour of Mr Turcarolo.
13. That said, the evidence before the Tribunal has not persuaded us that the correct and preferable decision is to set aside the Commission's decision and direct the Commission to provide Mr Turcarolo with CB-U registration.
14. In the absence of formal assessment of Mr Turcarolo's knowledge and experience, we declined to direct the Commission to register him. To do so to an extent would be based on less than professionally presented material, with some elements of Mr Turcarolo's claimed knowledge and experience, for example his ability to apply the current NCC and AS being more by way of assertion than fact.
15. The Commission will have the opportunity to test Mr Turcarolo's qualifications and experience. If it decides he falls short, it will again refuse him CB-U registration.
16. If that happens, Mr Turcarolo would have the right to seek a further review by VCAT, although the path to success or not at the Tribunal on fresh application would be a long road.

Z561/2024 Antonio Turcarolo v Victorian Building Authority

Responses as best recalled from verbal presentation in Tribunal plus additional supporting work experience, but not limited to;

manage and arrange the carrying out of building work, including:

Construct footings, slab systems and underpinning

Managed underpinning at 2 level unit block in Broadmeadows for N. Turcarola Pty. Ltd. ACN 005 900 041 Cira 1984.

managed demolition of hard surfaces to enable Excavation under existing footings, procurement and managed installation of reinforcement, Engineering Inspections and the pouring of concrete.

Installed non-shrink grout (hands on work by me) between new and existing footings post curing of new concrete.

Vast foundations, piling pad footing supervising on Southgate Project.

Documentation checking, organising Reinforcement and deliveries, labour and resources and concrete orders for pouring of same in-situ.

Ensuring Concrete orders were in line with Design mix requirement, regarding required strengths and concrete characteristics e.g. whether for pumping of crane in placement techniques

Capping pad footings on Driven pile for columns. Ensuring any cast in items or services where in place prior to concrete pours.

Procuring and ensuring that concrete joints had all water stops, Hydrotight seals in place before concrete pours. 400mm thick ground floor slab, to mimic an inverted swimming pool as works adjacent to Yarra River, with high water table level in basement area.

Management and coordination of driven and bored piles for foundations, heavy Raft slabs for Core of structure and Pad footings.

Used Licenced Land Surveyors to check and assist in correct piling locations (2000 + piles for project).

Footings and slab construction at Rylands of Hawthorn for Buxton Group.

management of excavation Pads and slab footings at 541 Lonsdale Street Melbourne

The management of inground strip and pad footings for Columns and Precast panel bearing. Consistent documentation check to ensure compliance.

Arranging all Engineering inspections with structural engineers.

Managed the set out, excavation, reinforcement procurement, inspections of all pad footings for steel columns and strip footings for precast walls. and the pouring of concrete, with and with mobile concrete pumping plant.

Managed and coordinated Slab on Ground construction in sequences/panels that minimised shrinkage affect during construction

Coordinated excavation of large pad footings for columns, including liaising with structural engineers for founding depth and bearing capacities, often had to pump in more than 100 cubic meters of blinding concrete after excavation to suitable bearing material. Organising reinforcement and inspections and pouring of concrete to pads, once blinding concrete set.

As Director of Equity Builders Pty Ltd ACN: 120 554 056

Hands on excavation with machines, Form Reinforcement installation and Pour slab on ground, under existing first floor of existing building. Conversion of existing carpark into retail/commercial tenancy

Ground slab with extensive stiffing beams as all works where on fill and managed engineering inspections prior to pour.

Managed and coordinated new pad footings in existing basement for new Column required for existing structure and re-configure of Structure above, I.E the need for the deletion of a Major Column on Ground Floor to be replaced with heavy Structural steel (SS) column and transfer SS Beams

Managed installation of curtain walling system on component-based construction methods, from first principles (i.e. prior to unitized façade systems)

Ensured cast in concrete connection fitments installed and surveyed as correct location

i.e. individual aluminium vertical Mullions and window framing Installed external cladding panels

Managed re glazing of existing window in very old steel framed units, changed over glass from thin Float to 10.38mm clear laminated.

Managed installation of new façade aluminium framed glass walling system to new upper levels.

Firstly, ensured all structural supporting steel overhead for shopfront under, installed and installed in correct location

Managed and coordinated the construction of walling and glazing system to building Light well.

Managed and coordinated Seraphic toughened glass balustrade installation, to balconies on Façade

i.e. installation of window unit to openings in precast concrete external walls.

Managed and coordinated precast cladding panel installation to Sheraton Hotel.

Coordinated and managed Shop front aluminium and glazing system installation to Ground Floor.

Coordinated and managed Shop front aluminium and glazing system installation to additional 2 levels to Penthouses on top of existing building.

Managed interlocked façade panel installation to new building on Southern end of site.

Unitized complete panel system installed with crawler crane from upper levels

Managed Hydraulics, Mechanical, fire, electrical and Fire safety systems at with our combined Services Contractor

Managed lift installation and progress with Kone, ensuring Lift motor room constructed urgently to facilitate hand over to lift contractor Kone to meet timelines for lift Commissioning.

Ensured all lift door openings had lift door frames installed and managed Grout of same into position.

Managed installation of extensive Commercial Kitchen fit out along with Cool, Freezer and Deep freezer Cool rooms and Ice Sculpture Room.

Managed installation and coordination of full Auto Laundry facilities with specialist contractor and plant and equipment from USA.

Managed and facilitate installation of main Electrical switchboards in Basement.

Managed Hydraulics, Mechanical, fire, electrical rough in of all services prior to closing with finishing materials, IE plaster, concrete Block walls.

Managed services contractors to ensure compliance with design and facilitated Fit off all services.

Ensure and oversaw with contractor commission and balancing of HVAC (heating ventilation and cooling) systems to ensure compliance with design and energy consumption.

Managed and coordinated rough in and fit off Mechanical, electrical, lift, Hydraulics and fire warning systems.

Managed, coordinated and attended meetings for installation of relatively new to Industry, "Syphonic" SW (storm water) roof drainage systems.

Applewood retirement Village 15 Tram Rd, Doncaster VIC 3108

Management and coordination of all underground services required for extensive Landscaping works, reticulated Creek/Stream landscape feature and artificially lake

Managed and coordinated Lift upgrade, Mechanical refurbishment and interior upgrade to existing lift with lift contractor.

Managed and coordinate the rough in and fit off all HVAC, Electrical, Hydraulics and Fire safety systems

plan site preliminaries and establish the construction site

Preplanning of temporary services such as electrical, sewer drainage and water supply.

Liaisons with City of Boroondara for gantry and hoardings proposed locations and what Permits are required.

Engaged engineer and gantry contractor for site specific gantry and amenity's locations. Managed hoardings installations around site perimeter.

Planning of road occupation with traffic management company for large cranage of precast concrete panels.

Plan and coordinate change over amenities locations to within building and the removal of existing amenities on top of gantries and removal of gantry.

Planning and coordination of Temporary fences around sites along with locations and numbers of site amenities required.

Planning and coordination of relocation of portal classrooms for temporary relocation.

Assisting in the planning and procurement of 2nd un-planned Tower Crane to South end of site, including soil testing for crane foundations and coordinating piling and pad footing for crane.

Assisting in the planning and procurement of extra Gantries required for Crombie Lane

Southgate Project 3 Southgate Ave, Southbank VIC 3006

Assisted in Planning and coordinated the location and installation of numerous man and materials Hoists

Planning and coordinated the installation of internal temporary site amenities on Ground Floor, for up to 100 personnel.

Planning and coordinated the location and installation of man and materials Hoist

London Hotel 103 Elizabeth Street Melbourne VIC 3000

Determined extent of gantry required for complex internal demolition and perimeter wall works and debris removal from building

Planned and arranged installation of Man and materials Hoist on top of Gantry.

Managed all temporary support work in line with design documentation for tower crane installing on roof with structural steel grillage.

Coordinated and manage roofing areas for waterproofing.

Including slab preparation to fill in any voids and ensure smooth surface.

Also, to ensure all drainage sumps installed and ready to receive water proofing treatment including toppings as required to achieve falls as required.

Managed contractor for traditional bituminous sheet membrane installation with flame heat over surface, following Prime coating installation/painting.

Roof surfaces then covered with cement sheet lings and round river pebbles, for trafficable protection.

Bourke street balconies and extensive internal waterproofing to bathrooms Including toppings as required to achieve falls as required.

Management of large balcony waterproofing membrane installation,

Ensuring that all surfaces and drains complete, prior to application of membranes, including toppings for falls as required.

undertake partial demolition, protection works, earthworks/excavations

London Hotel 103 Elizabeth Street Melbourne VIC 3000

Managed and determined requirement of complex gantry installation for protection works on private land by NAB (National Australia Bank) next door.

Including investigation for gantry supports within 2 secure bank basements under.

Including engaging Licenced Land Surveyors to determine required locations of supports to match large gantry structure above.

Management commencement of detailed internal partial demolition of existing walls with particular attention to any structural exist walls.

Management of partial internal demolition of existing brick walls over several levels of existing building whilst ensure all temporary propping structures were installed as per engineers advise.

Management of demolition of existing lift shaft at Southwest corner of existing building.

Management of protection works over adjoining properties Via the installation of needle beams protruding out via voids created in existing brick perimeter walls.

Ensuring beams were tied down in accordance with Engineering design and Installation sequence.

Managing the perimeter scaffolding that was installed on the Needle beams.

Managing the complete removal of same and make good

Coordinated and managed the demolition of existing large height industrial buildings with demolition contractor.

Ensuring SWMS (safe work method statements were in place and followed

Southgate Project 3 Southgate Ave, Southbank VIC 3006

Managed extensive excavation, reinforced procurement, and waterproofing stops to Joints. Managed Structural engineering inspections (On Site based Structural engineer).

Coordinated and managed the pouring of concrete to same.

Managed deep excavations to pad footings and core raft slab, often requiring vast Blinding concrete depth to suitable founding bearing capacity.

Circa 1987 with N, Turcarola Pt Ltd 362-380 High St, Windsor VIC 3181

Managed structural steel frame installation to hall attached to Greek Orthodox church. Structure had to align with front and rear existing heritage facades

Parkview industrial estate for Pellicano Builders, Warrigal Road B/W Kingston Road and Fairchild Street. Heatherton VIC 3202

Chaired all meetings with contractors for coordination and pre-planning of structural steel structure.

Ensure and had verified that all cast in Hold bolts were present and in correct locations.

Managed and coordinated erection of 2 storey structural steel fame and Portal Structure 2nd level. Gaining erection advise from structural engineers and arranged for ongoing inspections.

Managed complex coordination and installation of large structural steel transfer beams and structural steelwork to support additional levels to be added to existing structure. Transfer beams where 1200mm deep HD (Heavy duty) Welded universal beams. Including coordination and management of strengthening of existing old structural steel columns thru out building.

Arranged for inspections by Structural design engineers and liaised with same as design issued where discovered, e.g. sizes of existing members not as assumed or degraded existing conditions.

Also, as advised above, ensured all structural supporting steel overhead for shopfront under, installed and installed in correct location

Management of structural steel works for new levels of building at South side above Flinders Lane

Managed and coordinated structural steel work to roof top building caretakers' residence.

Conducted QA (Quality Assurance) compliance and close out of all defects of Structural ceiling support steelwork to Podium, at Sheraton Hotel.

Parkmore Shopping Centre 317 Cheltenham Rd, Keysborough VIC 3173

Management of Tenders for Structural Steel packages for various stages of the works.

Coordinated and managed procurement of Structural steel components after Contractor fell into Liquidation on 3rd and final stage of works, with extensive and complex structural steel work remaining to be completed.

Liaised often with structural engineers for guidance as required for construction difficulties and existing conditions, as project was a D & C (design and construct) Contract and with guidance of Directors of Building company, Breschi Pty. Ltd.

Managed installation of Structural Steel frame, for additional 2 level Penthouses constructed on top of existing building. Also, management and coordination of feature structural steel to existing Façade.

Managed and coordinated extensive Structural Steel frame portal Structures to Automated Warehousing facility.

undertake structural and non-structural fit-out.

Managed and coordinated all materials and resources for the installation of metal framed walling partitioning walling system for showrooms including requirement for sound insulation.

Managed "state of the Art" fully obscure glazed Toilet partitioning and doors system installation for toilet cubicles

Parkmore Shopping Centre 317 Cheltenham Rd, Keysborough VIC 3173

Coordinated Materials and resources for the building of fire isolate tenancy walls, including security walls for Banks, with heavy metal linings.

Australand Freshwater place stage 2, 28 Southbank Blvd.

After building PC (Practical completion) in my Quality manger Role, we managed, as Builder, Fit out works for new tenants including fire rated metal stud party walls, including for noise ratings and lead lined sheeting/curtains above suspended Ceilings.

Coordinated all material and labour resources for the building of structural concrete block walls, many with openings utilizing Bond Beam Lintel construction, requiring steel reinforcement and concrete infilling.

[1] The Building and Plumbing Commission is now the trading name of the Victorian Building Authority. These reasons for the most part referred to the Commission, except where, concerning past events, 'VBA' is more appropriate.

[2] Prescribed at regulation 258 together with clause 20 of Schedule 9 to the Building Regulations 2018 (Vic).

[6] (Review and Regulation) [2020] VCAT 69.

[7] (Review and Regulation) [2023] VCAT 1262.

[8] List of qualifications is at TB 227; with certificates at TB 421-427.

[10] TB 24-29 (using the soft copy numbering rather than the page number appearing at the bottom of the page - here page 31).