By Cam Lucadou-Wells
A Dandenong South-based ex-builder has lost a bid to overthrow his fining and disqualification by the Victorian Building Authority.
Craig Barker, a director of A-Line Building Systems, had been found by the VBA to have falsified the credentials of 26 steel-framed buildings sold as kits.
Mr Barker appealed to the Victorian Civil and Administrative Tribunal against the VBA’s penalties, particularly its $25,000 fine.
On 22 June, VCAT presiding member Neill Campbell and member Rebecca Cameron stated the kit buildings were sold with false certificates of compliance in order to obtain a building permit.
Between 2012 and 2017, A-Line issued the certificates using a civil engineer’s name, address, signature and registration number after the engineer had ceased working for the company.
The VCAT members upheld the VBA’s decision that Mr Barker had engaged in “unprofessional conduct”.
Mr Barker had conceded that no engineer had looked at the 26 building sites and designs, and that his conduct was “dishonest”, the VCAT members stated.
Previously he’d told the VBA that the engineer had designed the buildings as generic buildings and it was common to issue certifications without considering the site.
“Mr Barker was not an engineer and therefore was not qualified to create such certificates,” the members stated.
“The dates for the drawings being prepared by the engineer and the dates of the certification are in some cases years after the engineer last had any involvement with A-Line or Mr Barker.
“We have no doubt that Mr Barker was aware that he was creating or causing to be created certificates which he had not right to create.”
VCAT agreed with the VBA that Mr Barker was not a “fit and proper person” to practise as a building practitioner.
However the members dismissed the VBA’s findings that Mr Barker’s conduct was negligent or remiss in care.
Mr Barker told the hearing that A-Line now had a full-time engineer presiding over every job. He didn’t intend to register as a building practitioner in the future.
VCAT upheld the VBA’s cancellation of Mr Barker’s registration, with a $25,000 fine and disqualification for 18 months.
Victorian Building Authority regulatory operations executive director David Brockman said the VBA welcomed the VCAT outcome.
“In falsifying the credentials of 26 steel framed buildings sold as kits, this practitioner betrayed the trust of his customers and other practitioners involved in their construction.
“(He) demonstrated that he was not a fit and proper person to practice as a builder and has appropriately been removed from the building profession for at least 18 months.”
