Francesco Di Labio (reg. BP7903 – expired), as the nominated supervisor of Dianella building company Frayson Pty Ltd (BC8331 – cancelled), has been ordered by the State Administrative Tribunal (SAT) to pay a fine of $15,000 and costs of $1,000 as a result of disciplinary action by the Building Services Board.
In a settlement finalised on 28 September 2016, the SAT agreed that Mr Di Labio was guilty of several disciplinary breaches under the repealed Builders’ Registration Act 1939 and the Building Services (Registration) Act 2011 in that he:
- did not properly manage and supervise building services that he was responsible for managing and supervising between December 2005 and February 2015;
- engaged in misleading conduct in connection with the carrying out of building work or a building service between February 2006 and February 2015 by representing to the Board that he was acting in the capacity of a nominated supervisor of the company when he was not; and
- was negligent in connection with the performance of building work or carrying out building work between December 2005 and February 2015 by failing to manage and supervise the work.
“In failing to manage and supervise the building services carried out by Frayson and engaging in misleading and negligent conduct, Mr Di Labio has not met his obligations as a registered builder,” Building Commissioner Peter Gow said.
“Mr Di Labio’s conduct left him open to action by the Building Services Board and, having withdrawn his application for renewal as a building service practitioner in July 2016, he no longer holds a builder’s registration.”
Mr Di Labio’s disciplinary breaches relate to building work Frayson carried out at 20 Perth properties – three each in Menora and Churchlands, two in Nollamara and one each in Canning Vale, Dalkeith, Fremantle, Hillarys, Inglewood, Maylands, Mosman Park, Mount Claremont, Mount Hawthorn, Nedlands, North Perth and South Perth.
The Board took disciplinary action against Frayson in April 2016, which resulted in its building contractor registration being cancelled, its sole director and secretary Armand Noor being declared an ineligible person for one year, and both being fined and ordered to pay costs totalling $20,000. Read the media statement at www.commerce.wa.gov.au/announcements/building-commissioner-condemns-companys-conduct.
This followed the Board’s suspension of Frayson’s building contractor registration in February 2015 and the Building Commission’s issuing of a public warning about the company in August 2015. Read the media statement at www.commerce.wa.gov.au/announcements/public-warned-avoid-dealing-unregistered-builder.
“The Building Commission will continue to name and hold to account those who put consumer interests and the reputation of the building industry at risk,” Mr Gow said.
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