Building Act 1975

This section applies if the tribunal decides that proper grounds exist for taking disciplinary action against a former building certifier.

The tribunal may make 1 or more of the orders mentioned in subsections (3) to (8).

The tribunal may make an order requiring the former building certifier to—

have another person who is appropriately licensed take all necessary steps to ensure the certification of building work complies with—

this or another Act; or

any relevant development approval; or

a local planning instrument; or

pay the complainant or another person an amount sufficient to complete the certification work.

The tribunal may, in relation to building work carried out that is defective or incomplete as a result of the professional misconduct, make an order that the former building certifier—

at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or

pay the complainant or another person an amount sufficient to rectify or complete the work.

The tribunal may make an order imposing a penalty on the former building certifier of not more than—

for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or

for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or

for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units.

If a corporation or local government employed the former building certifier to perform building certification work and the corporation or local government did not take all reasonable steps to ensure the former building certifier did not engage in professional misconduct, the tribunal may—

make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or

make an order imposing a penalty on the corporation of not more than—

for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or

for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or

for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units.

The tribunal may make an order that the former building certifier must—

not be licensed or re-licensed by QBCC for the period stated in the order; or

never be licensed or re-licensed by QBCC.

The tribunal may make any other order it considers appropriate.

If the tribunal makes an order under subsection (5) or (6)(b), the tribunal must order the amount be paid to the person bringing the disciplinary proceedings.

The tribunal may make an order under subsection (6) or, if the order affects the corporation or local government, under subsection (8), only if the corporation or local government has been joined as a party to the proceeding.