Design and Building Practitioners Act 2020

The Secretary may, if satisfied that one or more of the grounds for taking disciplinary action against a registered practitioner has been established, do one or more of the following—

determine to take no further action against the practitioner,

caution or reprimand the practitioner,

make a determination requiring the practitioner to pay to the Secretary, as a penalty, an amount not exceeding $220,000 (in the case of a body corporate) or $110,000 (in any other case) within a specified time,

impose a condition on the registration of the practitioner, including a condition requiring the practitioner to undertake specified education or training relating to a particular type of work or business practice within a specified time,

suspend or cancel the registration of the practitioner in accordance with Part 5,

disqualify the practitioner, either temporarily or permanently, from being registered or being registered in a particular class.

If a registered practitioner is a body corporate and the Secretary is satisfied that a ground for taking disciplinary action against the practitioner has been established, the Secretary may take one or more of the following actions against a director of the body corporate—

determine to take no further action against the director,

caution or reprimand the director,

require the director to undertake specified education or training relating to a particular type of work or business practice within a specified time,

disqualify the director, either temporarily or permanently, from being registered or registered in a particular class.

The Secretary may suspend the registration of a body corporate during a period when a director of the body corporate is disqualified under subsection (1A)(d).

The Secretary may take disciplinary action under subsections (1A) and (1B) in addition to, or instead of, taking disciplinary action under subsection (1).

This Part applies to disciplinary action taken under subsection (1A) in the same way as it applies to disciplinary action taken under subsection (1) and references in this Part to registered practitioners extend to the directors of registered body corporates.

Sections 65 and 68 apply to disciplinary action taken under subsection (1B).

In determining the disciplinary action to take, the Secretary must take into account other disciplinary action taken against the person under this Part.

The Secretary is to provide a written statement of a decision made under this section to the practitioner as soon as is reasonably practicable after the decision is made.

The statement of a decision must specify—

the decision that has been made, and

if relevant, the date or time on which the decision takes effect, and

the grounds for the decision.