Bundy builder 'fit and proper' to keep contractor's license
A BUNDABERG builder has been given a second chance to keep his contractor's licence by the Queensland Civil and Administrative Tribunal.
The decision comes after the Queensland Building and Construction Commission cancelled Kailen Berthelsen's license in 2015, citing he was "not a fit and proper person to hold a license”.
It was found that in 2013, the IDC Developments Pty Ltd owner had provided "misleading” information when applying for a contractor's license, stating he had not been convicted of any criminal offence within the last 10 years.
But Mr Berthelsen had been convicted in the Bundaberg District Court in July 2008 and sentenced to nine months imprisonment, wholly suspended for two years.
QBCC said because he "knowingly provided false or misleading information” when applying for the licenses, they proposed to cancel it.
They also raised issues with IDC's lack of "timely notice and payment of insurance premiums”.
However, Mr Berthelsen said at the time he believed he had no convictions recorded against him, and had even made similar declarations for his passport and visa applications.
QCAT member Michael Howe said there was no evidence to indicate Mr Berthelsen had an intent to mislead.
"I accept that at the time he made the declarations he held the belief asserted,” Mr Howe said.
But because it had been over 10 years since the previous convictions, Mr Howe said the misleading information was the "linchpin issue” of the case, as the "passage of time has in any case meant its significance (prior convictions) has been much reduced ...”.
"What is a matter in Mr Berthelsen's favour is his completion of the theoretical component of a Commissioner for Declarations course...”
Mr Howe said there wasn't enough information to prove Mr Berthelsen was unfit to be a contractor.
"He has continued to work as a contractor without complaint save for late payment to some suppliers or other contractors.”