Building Services (Registration) Act 2011

This section applies if —

a complaint in relation to a registered building service provider has been forwarded to the Board by the Building Commissioner under the Building Services (Complaint Resolution and Administration) Act 2011; and

the Board is satisfied that a disciplinary matter exists in relation to the provider; and

the Board is of the opinion that a proceeding before the State Administrative Tribunal is not warranted by the nature of the complaint; and

the provider consents to the exercise of power by the Board under this section or the exercise of power relates only to a disciplinary matter referred to in section 53(1)(n).

If this section applies, the Board may do one or more of the following —

order that the registration of the provider be amended;

caution or reprimand the provider;

require the provider to give an undertaking to the Board for such period as is specified —

in relation to the provider’s future conduct as a registered building service provider; or

to comply with such conditions as are specified in relation to the carrying out of a building service by the provider;

order the provider to pay to the Building Commissioner a fine of a specified amount not exceeding $5 000.

The Board may, in addition to or instead of imposing one or more of the penalties specified in subsection (2), order the provider to pay to the Building Commissioner —

such costs and expenses of or arising from the Commissioner’s investigation of the complaint; or

such costs and expenses of or incidental to the proceeding,

If action is taken under subsection (2) in relation to a complaint, no further action is to be taken under this Part with respect to the complaint.

Where any penalty, costs or expenses are ordered to be paid under this section the amount ordered to be paid is recoverable in any court of competent jurisdiction as a debt due to the Building Commissioner.

The Board must give the complainant, if any, and the respondent notice of a decision made under subsection (2) or (3) together with short particulars of the reasons for the decision and the right to apply for a review of the decision under section 64.