Disciplinary powers of Tribunal
38 Disciplinary powers of Tribunal
The Surveyor‑General, the Institution of Surveyors or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this
Division.
On the lodging of a complaint under this Act, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this
Part.
Without limiting the usual powers of the Tribunal, the Tribunal may during the hearing—
allow an adjournment to enable the Surveyor‑General or the
Institution of Surveyors to investigate or further investigate matters to which the complaint relates; and
allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose.
If, after conducting a hearing under this section, the Tribunal is satisfied that proper cause exists for disciplinary action against the person, it may exercise any one or more of the following powers:
it may reprimand the person;
it may impose a fine not exceeding a division 5 fine on the person;
it may impose conditions on the person's licence or registration restricting the right of the person to practise surveying;
it may suspend the person's licence or registration for a specified period, until fulfilment of stipulated conditions or until further order;
it may cancel the person's licence or registration;
it may disqualify the person from being licensed or registered under this Act permanently, for a specified period, until fulfilment of stipulated conditions or until further order;
it may prohibit the person from carrying on business as a surveying services provider;
it may prohibit the person from occupying a position of authority in a trust or corporate entity that is a surveying services provider.
A person who has been convicted of, or has expiated, an offence is not liable to a fine under this section in respect of the act or activity comprising the offence.
If the Tribunal takes disciplinary action against the person, it may stipulate that the action is to have effect at a future time specified by the Tribunal.
The Tribunal may, on application by a surveyor, vary or revoke a condition imposed under this section.
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