Building Services (Registration) Act 2011

The following are disciplinary matters —

that after registration the registered building service provider has been convicted —

of a serious offence; or

of an offence against this Act, the Building Services (Complaint Resolution and Administration) Act 2011, the Building Act 2011, the Building and Construction Industry (Security of Payment) Act 2021, the Local Government (Miscellaneous Provisions) Act 1960 or the Home Building Contracts Act 1991; or

if the provider is a building service contractor — of any other offence the nature of which renders the contractor unfit to carry out a prescribed building service that the contractor is otherwise entitled under section 11 to carry out;

that the registered building service provider does not satisfy one or more of the matters referred to in section 17(1) or 18(1), as the case may be, that must be satisfied if an application for registration or renewal of registration is to be granted;

that the registered building service provider has obtained a registration certificate because of incorrect or misleading information;

that the registered building service provider has contravened a condition of the provider’s registration;

that the registered building service provider has been negligent or incompetent in connection with carrying out a building service;

that the registered building service provider, if a building service contractor, has failed to ensure that a building service carried out by the provider has been properly managed and supervised;

that the registered building service provider, if a nominated supervisor, has not properly managed and supervised a building service which he or she is responsible for managing and supervising;

that the registered building service provider has made any statement or representation with respect to the provision of finance or the terms and charges for the provision of finance that is to the knowledge of the provider false in a material particular, for the purpose of inducing a person —

to enter into a contract for the carrying out or completion of a building service; or

to purchase land on which a building service has been or is proposed to be carried out by the provider, or by a building service contractor for which the provider is a nominated supervisor or employee;

that the registered building service provider has engaged in fraudulent conduct in connection with the carrying out or completion of a building service;

that the registered building service provider has engaged in conduct that is harsh, unconscionable, oppressive, misleading or deceptive in connection with —

a contract for the carrying out or completion of a building service or a variation of that contract; or

the carrying out or completion of a building service;

that the registered building service provider has failed to comply with an undertaking given by the provider to the Board or an order or direction of the Board;

that the registered building service provider has failed to comply with an order of the Board or the State Administrative Tribunal under this Act or an order of the Building Commissioner or the State Administrative Tribunal under the Building Services (Complaint Resolution and Administration) Act 2011;

that an ineligible person is or has been involved in the management of a registered building service provider that is a building service contractor;

that the registered building service provider has not paid a building service debt of a kind referred to in subsection (4) that the registered building service provider has incurred.

A reference in subsection (1)(a) to a conviction includes —

a finding of guilt, or the acceptance of a guilty plea, whether or not a conviction is recorded; and

a conviction before commencement of this section.

A breach of a Commissioner code or a Commissioner standard (as those terms are defined in the Building Services (Complaint Resolution and Administration) Act 2011 section 95) does not of itself constitute a disciplinary matter but, in any proceeding under this Part, such a breach may be asserted and may be taken into account in determining any question that arises in the course of that proceeding.

A building service debt of a registered building service provider is any of the following —

a debt for which judgment has been entered in a court of competent jurisdiction, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, against the provider in connection with a contract for a building service or for the supply of goods or services for a building service;

an amount that an adjudicator or review adjudicator determines, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, is payable by the provider under Part 3 of that Act;

an amount that an adjudicator determines, after the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129, is payable by the provider under the Construction Contracts (Former Provisions) Act 2004 section 31(2)(b).

A judgment debt is a building service debt under subsection (4) only if —

the amount is not paid in full within 28 days after the judgment debt was entered (or within any longer period for payment allowed by the court); and

the judgment debtor has not entered into a payment arrangement with the judgment creditor or, if any payment arrangement is entered into, the judgment debtor has failed to comply with the arrangement; and

either —

proceedings have not been instituted to appeal or set aside the judgment debt within the time allowed for instituting the proceedings; or

any proceedings so instituted do not result in the judgment debt being quashed or set aside and the debt has not been paid in full within 5 days after the termination of the proceedings.

An adjudicated amount is a building service debt under subsection (4) only if —

the amount is not paid in full by the due date for payment of the adjudicated amount (or within any longer period for payment allowed by the adjudicator or review adjudicator); and

either —

an adjudication review or judicial review has not been instituted within the time allowed for doing so; or

any review so instituted does not result in the adjudicated amount being quashed or set aside and the amount has not been paid in full within 5 days after the termination of the review.

The reference to the time allowed for instituting a judicial review in subsection (6)(b)(i) does not include time that is allowed only with the leave of a court.

For the purposes of subsection (4), it does not matter that the judgment debt or adjudication determination resulted from matters arising before the commencement of the Building and Construction Industry (Security of Payment) Act 2021 section 129.