Prosecuted painter used expired registration

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Collie painter Troy Raymond Anderson, trading as T & S Painting, has been ordered to pay a $3,500 fine and costs of $569.64 after being successfully prosecuted by the Building Commissioner for registration offences.

In proceedings finalised in the Collie Magistrates Court on 23 March 2016, Mr Anderson pleaded guilty to 10 charges under the Building Services (Registration) Act 2011. The charges related to four contracts Mr Anderson entered into for the carrying out of painting work at four Collie properties and one Allanson property between February 2015 and June 2015.

Four charges were for undertaking to carry out, and another four charges were for carrying out, a prescribed building service for another person while not being a registered painting contractor. The remaining two charges against Mr Anderson were for holding out or implying that he was entitled to carry out painter work for another when he was not. The value of the contracts ranged between $1,947 and $6,644.

Mr Anderson was a registered painter under the repealed Painters Registration Act 1961 until February 2002 but he did not hold a painter registration under the current Building Services (Registration) Act until 11 November 2015 (PC100310 & PP100311).

While unregistered, Mr Anderson between March and April 2014 placed advertisements for his painting services in the Collie Mail newspaper and Collie Business & Telephone Directory which included his expired registration number.  When quoting for work at two of the properties, Mr Anderson informed the owners that he was an experienced painter and was qualified to perform any type of painting work. He provided one of the owners with his expired registration number.

“In Western Australia, it is an offence to carry out painting work valued over $1,000 for another person for profit or reward without the required registration,” Building Commissioner Peter Gow said.

“The registration system is an important protection for consumers and the building industry – it ensures that a person with the necessary qualifications, knowledge and experience carries out work that meets proper standards.

“Having previously held a painter registration, Mr Anderson would have been aware of his registration obligations under the building laws at the time he committed these offences. Consumers should protect themselves by checking their painter holds the required registration before engaging their services on the Building Commission website, or by contacting us for assistance.

“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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Media release
04 Apr 2016

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