By Shamsiya Hussainpoor
Emerald builder Andrew Donald Little, the applicant in this case, has had his request to lift a suspension imposed by the (respondent) Victorian Building Authority (VBA) denied by the Victorian Civil and Administrative Tribunal (VCAT) on 25 February 2025, leaving him unable to return to work for now.
The Tribunal upheld the suspension after considering serious concerns about public safety, which it found outweighed Mr Little’s financial and personal struggles.
Mr Little, a registered builder working in Emerald, had his registration suspended by the VBA due to allegations that he had failed to meet necessary safety standards on construction projects – these included serious concerns over fire safety and electrical hazards that could affect the safety of future occupants, contractors, and others involved in the projects he was overseeing.
In his application for a stay – essentially a temporary reversal of the suspension while he awaited the final review of his case – Mr Little argued that his suspension had severely impacted his ability to earn a living.
He said the financial strain caused by being unable to work had taken a toll on his mental health and that he should be allowed to resume his work as a builder while the review process continued. However, despite these claims, the Tribunal member, Mr Cook ruled that lifting the suspension would pose too great a risk to public safety.
The VBA, as the regulatory body for the building industry, pointed to the seriousness of the allegations against Mr Little.
Mr Cook expressed concern that his actions, if allowed to continue, could endanger public safety, particularly with regard to fire safety systems and electrical safety measures on building sites. The VBA argued that Mr Little’s disregard for these critical aspects of building work had the potential to put people’s lives at risk.
Mr Cook carefully considered whether there was a serious question to be tried in Mr Little’s case – while he acknowledged the allegations against him had not yet been fully tested, he found there was enough evidence to suggest that the suspension and other penalties imposed by the VBA were justified, at least on a provisional basis.
“Any decision to reinstate the applicant’s registration before a final review must be carefully weighed against the public interest in upholding safety standards within the building industry,” Mr Cook said.
The applicant’s legal team contended that the suspension was causing irreparable harm to his career and that a stay should be granted to allow him to continue working.
However, Mr Cook said the public interest in ensuring the safety of buildings and the people who use them was far more important than any financial or emotional hardship Mr Little might be experiencing.
While he sympathised with the applicant’s situation, the Tribunal member ruled that allowing him to return to work without further investigation into the allegations could undermine public confidence in the building profession.
The VBA’s case against Mr Little is based on a pattern of behaviour that suggests he has not fulfilled his obligations as a registered builder. It was argued that he failed to properly oversee work on various building projects, including not taking sufficient responsibility for the safety of workers and future occupants of the buildings.
The VBA also pointed to instances where Mr Little deferred to others for critical decisions, which it claimed was a failure of leadership and responsibility.
Although Mr Little indicated that he would provide evidence in his defence to explain his actions, the Tribunal was not convinced that this would sufficiently address the risks posed by allowing him to resume work in the interim.
The decision also noted that Mr Little’s apparent belief that his actions had been reasonable – even if they could have been improved with hindsight – raised further concerns about whether he fully understood the seriousness of the situation.
Mr Cook also examined the time frame for a full review of Mr Little’s case, which is not expected to take place until later this year due to limited Tribunal resources.
This delay, while unfortunate for Mr Little, did not provide enough grounds to justify lifting the suspension in the meantime. The Tribunal found that, given the risks involved, it was better to keep the suspension in place until all evidence could be fully considered in a proper hearing.
While the applicant’s personal circumstances were taken into account, the Tribunal ultimately ruled that the potential risks to public safety were far more pressing.
It acknowledged that his suspension would likely have a significant impact on his livelihood, but this was not enough to outweigh the need to ensure that public safety and building standards are maintained.
“Mr Little’s suspension would not prevent him from continuing the review process and presenting his case at the final hearing,” Mr Cook said.
In summary, the Tribunal’s decision underscores the importance of maintaining high standards in the building industry, where the safety of the public is paramount.
Mr Little will remain suspended until a full review of his case takes place, and the final outcome of the case will depend on whether the VBA’s allegations against him are proven.
While he will face financial and personal challenges during this period, the Tribunal determined that allowing him to continue working in the interim would be too great a risk.
For now, the suspension stands, and Mr Little’s fate will be decided later in the year – once all the evidence has been heard.
