A reprimand issued under s 62(b) of the Home Building Act 1989 is a 'penalty' within s 83B(3)(a), and the ADT has jurisdiction to review such a decision. The supposed rigid distinction between protective and punitive disciplinary proceedings does not prevent characterisation of a reprimand as a penalty. The principle concerning strict construction of privative clauses does not apply to the construction of a provision conferring jurisdiction on the ADT, because the ADT is a statutory tribunal with only such jurisdiction as statute confers.
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