Construction Occupations (Licensing) Act 2004

The registrar may accept a written undertaking (a rectification undertaking) given by an entity relating to the entity’s contravention or alleged contravention of this Act or an operational Act in providing a construction service.

A rectification undertaking must include the following:

a statement that, on acceptance of the undertaking by the registrar, the entity—

understands that the undertaking is an enforceable undertaking under this Act; and

agrees to be bound by the undertaking;

a statement that the entity recognises the registrar’s concerns in relation to the entity’s contravention or alleged contravention of this Act or an operational Act;

a statement that the entity understands that details of the undertaking may be included in the public register if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public;

one or more undertakings relating to the contravention or alleged contravention that will result in the rectification of the work done in the course of providing the construction service;

anything else prescribed by regulation.

A rectification undertaking may provide for any matters agreed between the registrar and the entity.

The registrar or a person may suggest draft undertakings before a rectification undertaking is given by an entity under subsection (1).