Unregistered builder fined - Dwellingup

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Dwellingup man Kim O’Donnell has been found guilty on three building related charges and fined $3,000 with orders to pay costs of $474 in the Mandurah Magistrates Court.  

Charges relate to offences under the Home Building Contracts Act and the Builders Registration Act, concerning a job in Oro Road Dwellingup valued at over $89,000.  

Mr O’Donnell was charged and convicted over:

  •          Charging an excessive amount for a deposit;
  •          Contracting and carrying out building work in excess of $20,000 without holding appropriate registration; and
  •          Performing residential building work without a policy of insurance.  


“This has been a protracted matter dating back to 2009 and involves the personal bankruptcy of Mr O’Donnell, along with his belief that as he is no longer working in the industry, he retains no responsibility for his actions,” Building Commissioner Peter Gow said.  

“This matter relates to laws under old legislation, which was replaced by new building industry laws last year.

“The new Building Services (Registration) Act 2011 carries a maximum penalty of $25,000 for claiming to be a registered building service provider, or for carrying out a regulated building service when not registered,” Mr Gow said. 

Fact file:



Mike Winchester    T (08) 9476 1335  M 0409 118 982  F  (08) 9476 1333

E mike.winchester@commerce.wa.gov.au  W  www.commerce.wa.gov.au 


Building Commission
Media release
22 Mar 2012

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