Painter to pay for registration lapse
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A painter who committed contractual offences and continued to carry out painter work despite repeatedly allowing his registration to lapse has been fined in the Perth Magistrates Court.
In proceedings initiated by the Building Commissioner and finalised on 20 June 2014, Ryan Brendon O’Callaghan was ordered to pay fines of $3,000 and costs of $999.90 for offences in relation to work carried out at a Floreat property in November 2012. Valued at $22,000, the work involved the painting of the dwelling’s entire exterior plus the interior of an extension.
Mr O’Callaghan failed to ensure that he and the home owner signed the quote for the work and that the agreement was in writing, as required under the Home Building Contracts Act 1991. As a result of not paying his annual fee on time, Mr O’Callaghan also failed to hold a painting contractor registration at the time the work was carried out, which is an offence under the Building Services (Registration) Act 2011.
Since first holding painting contractor registration in March 2006, Mr O’Callaghan has had his registration suspended four times for not paying the annual fee on time. His registration was subsequently cancelled due to non-payment by the previous Builders Registration Board in January 2011.
While Mr O’Callaghan remained unregistered at the time this media release was issued, he is entitled to reapply and may hold the appropriate registration in the future.
Building Commissioner Peter Gow said the case highlighted the need for painters and other building service providers to pay their fees on time.
“In most parts of Western Australia, carrying out painting work valued over $1,000 requires a registration, and in cases where a registration has lapsed, it is against the law for the painter to continue carrying out work of this nature,” said Building Commissioner Peter Gow.
“Anyone wanting to engage the services of a painter should check that they hold the appropriate registration when one is required before agreeing to any work.
“You can check if a painter is registered on the Building Commission website at www.commerce.wa.gov.au/building-commission/find-registered-building-service-provider.”
“The Building Commission will continue to hold to account and name those who put consumer interests and the reputation of the building industry at risk.”
For more information on builders’ responsibilities and the relevant laws, visit the Building Commission website at www.commerce.wa.gov.au/buildingcommission, or contact 1300 489 099 or email@example.com.
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