South Australian Numbered Acts South Australian Numbered Acts47—Inquiries by Board as to matters constituting grounds for
disciplinary action
(1) A complaint
setting out matters that are alleged to constitute grounds
for disciplinary action against a person (the "respondent") may be laid before
the Board (in a manner and form approved by the Board) by—
(a) the
Registrar; or
(b) the
Minister; or
(c) a
representative body; or
(d) a
person who is aggrieved by conduct of the person or, if the person aggrieved
is suffering from a mental or physical incapacity, by a person acting on his
or her behalf.
(2) If a complaint is
laid under this section, the Board must inquire into the subject matter of the
complaint unless the Board considers that the complaint is frivolous or
vexatious.
(3) If a complaint is
laid under this section against a partner in a partnership that is a
registered architectural business, the Board must give notice of the complaint
to each other partner in the partnership.
(4) If a complaint has
been laid under this section by or on behalf of an aggrieved person and the
Board is satisfied that the complaint arose from a misapprehension on the part
of the complainant or from a misunderstanding between the parties, it may,
before proceeding further with the hearing of the complaint, require the
parties to attend before the Registrar in order to clarify the misapprehension
or misunderstanding.
(5) If, after
conducting an inquiry under this section, the Board is satisfied on the
balance of probabilities that there is proper cause for disciplinary action
against the respondent, the Board may, by order, do 1 or more of the
following:
(a)
censure the respondent;
(b)
require the respondent to pay to the Board a fine not exceeding $10 000;
(c) if
the respondent is a registered architect—
(i)
impose conditions on the respondent's registration
restricting the respondent's right to provide services as an architect;
(ii)
suspend the respondent's registration for a period not
exceeding 1 year;
(iii)
cancel the respondent's registration;
(iv)
disqualify the respondent from being registered;
(d) if
the respondent is a body corporate, or a partner in a partnership, that is a
registered architectural business—
(i)
suspend the registration of the body corporate or
partnership for a period not exceeding 1 year;
(ii)
cancel the registration of the body corporate or
partnership;
(iii)
disqualify the body corporate or partnership from being
registered.
(6) The Board may
stipulate that a disqualification under subsection (5) is to apply—
(a)
permanently; or
(b) for
a specified period; or
(c)
until the fulfilment of specified conditions; or
(d)
until further order.
(7) If—
(a) a
person has been found guilty of an offence; and
(b) the
circumstances of the offence form, in whole or in part, the subject matter of
the complaint,
the person is not liable to a fine under this section in respect of conduct
giving rise to the offence.
(8) The Board
may—
(a) fix
a period within which a fine imposed under this section must be paid;
(b) on
application by a person liable to pay a fine imposed under this section,
extend the period within which the fine must be paid.
(9) A fine imposed
under this section is recoverable by the Board as a debt.
(10) The Board may,
without further notice, remove from the register of architects a person who
fails to pay a fine imposed under this section.
(11) The Board may,
without further notice, remove a body corporate or partnership from the
register of architectural businesses if the body corporate or a partner in the
partnership fails to pay a fine imposed under this section.