Grounds for taking disciplinary action
45 Grounds for taking disciplinary action
The Secretary may take disciplinary action against a registered certifier on any one or more of the following grounds—
the registered certifier has engaged in conduct in connection with the carrying out of certification work that has fallen short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent registered certifier,
the registered certifier has contravened the certification legislation, whether or not the registered certifier is prosecuted or convicted for the contravention,
the registered certifier has contravened a law of this or any other Australian jurisdiction (whether or not the contravention is an offence and whether or not the registered certifier is prosecuted or convicted for the contravention) with respect to any of the following—
the carrying out of certification work or work authorised to be carried out under an equivalent authorisation,
registration or an equivalent authorisation,
fraud or dishonesty,
the registered certifier has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the registered certifier by or in accordance with a law of this or any other Australian jurisdiction with respect to the carrying out of certification work or work authorised to be carried out under an equivalent authorisation,
the registered certifier has carried out certification work in a partial manner or in a manner that is not in the public interest,
the registered certifier has wilfully disregarded matters to which the registered certifier is required to have regard in the carrying out of certification work,
the registered certifier has failed to comply with a condition of the registration,
the registered certifier has breached an undertaking given by the registered certifier,
the registered certifier has failed to comply with an order of the Secretary or the Tribunal,
the registered certifier has failed to comply with a direction or requirement under Part 7,
the registered certifier has wilfully misled or obstructed the Secretary or an authorised officer in the exercise of any function under this Act,
the registered certifier has engaged in improper or unethical conduct that indicates that the registered certifier is not a fit and proper person to carry out certification work,
any other ground prescribed by the regulations.
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