Former Perth unregistered painter Cody Raymond Williams, now of Umina Beach in New South Wales and sole director of Beyond Industries Pty Ltd trading as C&D Roofing, has again been successfully prosecuted by the Western Australian Building Commissioner and fined $20,000 for registration and contractual offences.
Mr Williams’ latest convictions were in relation to work he or his company contracted for or carried out at properties in Perth in January 2013, Ferndale in May and June 2013, and Girrawheen and Shenton Park in January 2014. A complaint was lodged with the Building Commission in August 2013.
In proceedings finalised in the Perth Magistrates Court on 16 February 2016, Mr Williams was in his absence convicted of 11 charges and ordered to pay fines of $20,000. Six of the charges against Mr Williams were for offences under the Building Services (Registration) Act 2011 and four were for offences under the Home Building Contracts Act 1991.
The court found Mr Williams guilty of:
- Two counts of advertising or holding out that he was entitled to carry out painter work for others when he was not;
- Three counts of undertaking to carry out painter work without the required registration;
- Two counts of carrying out painter work without the required registration;
- Two counts of failing to ensure the home building work contract was in writing, contained the date and all the terms of the agreement and was signed by both parties; and
- Two counts of entering into a home building work contract that provided for him to receive a deposit in excess of 6.5 per cent of the total value of work.
The value of the home building work contracts ranged between $1,670 and $19,566. Despite the owners having paid a $10,000 deposit, Beyond Industries did not complete any of the work or deliver materials to the Shenton Park property.
This is not the first time the WA Building Commissioner has prosecuted Mr Williams. On 27 June 2012, the Perth Magistrates Court ordered Mr Williams to pay a fine of $1,000 and costs of $378.80 after he was found guilty of similar registration offences under the repealed Painters Registration Act 1961.
In May 2013 and September 2014, the Building Commissioner warned consumers to avoid dealing with Mr Williams while the Building Commission pursued further action against him. Read the warnings at: www.commerce.wa.gov.au/announcements.
Mr Williams has been known to advertise his services as a painter in several metropolitan newspapers, on power pole signs and on the Gumtree and Facebook websites. He used several other business names, including ‘Full Roof Restorations’ and ‘Roof Restorations’, and aliases including ‘Tony Williams’, ‘Peter Williams’ and ‘Corey Biggens’, in an attempt to avoid detection.
“While we believe Mr Williams is now living interstate, consumers are reminded to check the registration of any painter they plan to engage to carry out painting work valued over $1,000,” Building Commissioner Peter Gow said.
“A registration check can be conducted on the Building Commission website www.commerce.wa.gov.au/building-commission or phone 1300 489 099. Consumers with concerns about painting work can also contact us for information on the complaint process for building work and home building work contract disputes.
“The Building Commission will continue to hold to account and name those who put the public interest and the reputation of the building industry at risk.”
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