Grounds for occupational discipline
55 Grounds for occupational discipline
Each of the following is a ground for occupational discipline in relation to a licensee:
the licensee, or a director, partner, nominee or employee of the licensee, contravened, or is contravening, this Act or an operational Act (including a direction given to the licensee under an operational Act);
Examples
1 contravening a rectification order
2 failing to complete a skill assessment required by the registrar under s 55A
the licensee, knowingly or recklessly, gave someone information in relation to a construction service provided, or to be provided, by the licensee that was false or misleading in a material particular;
the licensee or a director, partner or nominee of the licensee, has been found guilty, whether in the Territory or anywhere else, of an offence that—
involves fraud, dishonesty or violence; and
is punishable by imprisonment for at least 1 year;
if the licensee is an individual—the licensee executes a personal insolvency agreement;
if the licensee is a corporation—
the licensee enters into a scheme of arrangement; or
a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets;
if the licensee is a corporation or partnership—the licensee has, or had, no nominee;
the licensee’s licence has been automatically suspended under division 5.1 (Automatic licence suspension) and the cause of the suspension still exists;
the licensee ceases to be eligible to hold a licence.
In subsection (1) (a), a reference to a contravention of this Act or an operational Act includes a reference to the following:
a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or an operational Act or otherwise in relation to this Act or an operational Act;
a contravention of the Criminal Code in relation to a document given, or required to be given, under this Act or an operational Act;
a contravention of the Criminal Code in relation to anything done, or not done, under this Act or an operational Act.
A ground for occupational discipline applies to a former licensee if the ground applied to the former licensee while licensed.
A regulation may prescribe a short description of a ground for occupational discipline under subsection (1) (a).
This Act’s bill:Explanatory statementSecond reading speech
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