Construction Occupations (Licensing) Act 2004

This section applies if the ACAT is considering an application for an occupational discipline order in relation to a person mentioned in section 56 (1) (a).

Without limiting the matters the ACAT must consider in relation to the person, the ACAT must consider the following:

the degree of responsibility of the person for the act or omission that made up the ground for occupational discipline;

the number of people detrimentally affected by the doing of something, or not doing something, that made up the ground for occupational discipline;

the extent to which it is necessary to discourage the person and others from doing something, or not doing something, that made up the ground for occupational discipline;

whether, and the extent to which, it is necessary to protect the public from the person;

the desirability of making the person responsible for the consequences of the person’s acts or omissions;

the desirability of maintaining public confidence in the regulatory system set up by this Act;

the person’s regard, or disregard, for public safety and protection of the environment when doing something, or not doing something, that made up the ground for occupational discipline;

if the person has completed an assessment mentioned in section 55A (Skill assessment of licensees)—the results of the assessment;

any action taken by the registrar under section 56.

The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out other considerations that must be taken into account by the ACAT.