At a recent VCAT review hearing, a ‘double jeopardy’ type argument was run, to the effect that the building practitioner appealing a misconduct penalty (suspension of registration) should be able to refer to having been convicted and fined at the Magistrates Court previously.

In the Victorian courts, a conviction against a registered building practitioner at the Magistrates Court is often seen as a ‘green light’ to an inquiry and subsequent hearing before the Building Practitioners Board. The argument can of course be made that the Courts on the one hand versus a misconduct…