New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 51

51 Improper conduct: generally

(1) A holder of a contractor licence who is authorised by the contractor licence to contract to do residential building work or specialist work, or a holder of a supervisor or tradesperson certificate, is guilty of improper conduct if the holder--

(a) commits an offence against this Act or the regulations or section 307A or 307B of the Crimes Act 1900 , whether or not an information has been laid for the offence, or

(b) in the course of doing any work that the licence or certificate authorises the holder to do, fails to comply with the requirements applicable to the work made by or under this or any other Act in respect of the work, or

(c) breaches a statutory warranty, or

(d) in the case of specialist work, does the work otherwise than with due care and skill or knowingly uses faulty or unsuitable materials in the course of doing the work, or

(e) becomes a person who is disqualified by this Act or the regulations from holding the licence or certificate, or

(f) commits an offence under the Plumbing and Drainage Act 2011 or the regulations under that Act, whether or not the holder has been convicted of the offence, or

(g) contravenes a requirement imposed by or under the Building Products (Safety) Act 2017 , whether or not the holder is convicted of an offence in respect of that contravention.

(2) The holder of a contractor licence is guilty of improper conduct if the holder--

(a) without reasonable cause, breaches a contract to do any work that the contractor licence authorises the holder to contract to do, or

(b) without reasonable cause, does not comply with the requirements of a rectification order under Part 3A, Division 2 or Part 3B before the date specified in the order, or

(c) does not comply with an order of the Tribunal or with an order of a court in respect of a building claim as referred to in Part 3A, or

(d) employs a person or engages a person under a contract for services knowing the person is disqualified from holding a contractor licence, has had an application for an authority refused on a ground relating to the person's character, honesty or integrity or has had an authority cancelled or suspended on a disciplinary ground, or

(e) commits fraud or makes any misrepresentation in connection with any contract authorised by the contractor licence or any contract for the sale of any dwelling, structure or work that has resulted from, or been affected by, any work done under the authority of the contractor licence, or

(f) is convicted of any offence under the Workers Compensation Act 1987 or the Workplace Injury Management and Workers Compensation Act 1998 or any regulations made under either of those Acts.

(3) It is a sufficient defence to a complaint that the holder of a contractor licence has been guilty of improper conduct as referred to in subsection (1)(b), (c) or (d) in connection with work undertaken by the holder, if the holder proves to the satisfaction of the Secretary that the holder did all that could reasonably be required to ensure that a nominated supervisor for that work would exercise such degree of control over the doing of the work as would be necessary to prevent the occurrence of the improper conduct.

(4) It is a sufficient defence to a complaint that the holder of a contractor licence has been guilty of improper conduct as referred to in subsection (2)(d) if, before employing or engaging the person concerned, the holder obtained the approval of the Secretary to the employment or engagement of the person.