Unregistered painter failed to remedy work

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Unregistered Rivervale painter Raymond Patrick O’Sullivan, trading as Prime Finishes Painting Services, has been successfully prosecuted by the Building Commissioner for registration offences and failing to comply with a building remedy order.

In proceedings finalised at the Perth Magistrates Court on 12 February 2016, Mr O’Sullivan was ordered to pay fines of $4,500 and costs of $616.02 after pleading guilty to three charges in relation to painting work he contracted for and carried out at an East Victoria Park property in October 2014.

Two charges were for undertaking to carry out and carrying out painting work valued over $1,000 for profit or reward without the required registration, which are offences under the Building Services (Registration) Act 2011. One charge was for failing to comply with an order of the Building Commissioner, which is an offence under the Building Services (Complaint Resolution and Administration) Act 2011.

Valued at $3,200, the painting work involved the sealing and painting of all internal walls of a residence. Dissatisfied with Mr O’Sullivan’s work, the owners lodged a building service complaint with the Building Commission in March 2015.

The Building Commission inspected the work and in October 2015 ordered Mr O’Sullivan to remedy 11 workmanship issues within 28 days. Mr O’Sullivan did not comply with the order by the due date.

“This case is a reminder to anyone who carries out painting work that the Building Commissioner or State Administrative Tribunal can order them to remedy or pay money for incomplete or unsatisfactory work and will hold them to account if they do not comply with an order,” said Building Commissioner Peter Gow.

“Furthermore, people who carry out unregistered painting work face prosecution action by the Building Commissioner, which can result in significant penalties including fines.

“Consumers should protect themselves by engaging the services of a registered painter for work valued over $1,000. This will ensures that a person with the necessary qualifications, knowledge and experience carries out work that meets proper standards.

“The Building Commission will continue to prosecute and name those who put consumer interests and the reputation of the building industry at risk.”

An online registration check can be conducted on the Building Commission website at www.commerce.wa.gov.au/building-commission or phone 1300 489 099.

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Media release
18 Apr 2016

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