Where a disciplinary body expressly pleads allegations in the alternative, a tribunal may not find both the primary and alternative allegations proved, even if no separate penalty is imposed on the alternative — procedural fairness requires a finding under one limb only. The expression 'careless or incompetent' in s 32(a) of the Architects Act 1991 is a compendious expression creating a single genus of conduct, not two independent species. Evidence of professional standards is not required for findings relating to non-technical aspects of an architect's dealings with clients. Notices of appeal under s 148 of the VCAT Act will be read benevolently to identify questions of law, even where poorly drafted.
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