After section 20 of the Principal Act , the following Part is inserted:PART IVA - Complaints and Disciplinary Matters
20A. Person may make complaint(1) Any person (including the Board) may make a complaint against an architect (a) in respect of the architects conduct as an architect; or(b) if the person is of the opinion that there are grounds on which an order could be made in relation to the architect under section 20E .(2) A complaint (other than a complaint made by the Board) is to be made to the Board and is to be lodged with the Registrar.(3) A complaint (a) is to be in writing; and(b) must identify the complainant; and(c) must contain particulars of the allegations on which it is founded.(4) The Board may require the complainant to provide further particulars of a complaint.(5) The Board may direct the Registrar to provide, to a person specified by the Board or to each member of a class of persons that is specified by the Board, reasonable assistance in making a complaint.
20B. Withdrawal and dismissal of complaint(1) A complaint may be withdrawn by the complainant at any time.(2) The Board may dismiss a complaint if the Board is satisfied that the complaint (a) is frivolous or vexatious or otherwise lacking in merit; or(b) is in respect of a matter that has already been dealt with under this Act; or(c) is trivial in nature.
20C. Board to notify person against whom complaint is made(1) As soon as practicable after a complaint is made, the Board is to give the architect against whom it is made written notice of (a) the making of the complaint; and(b) the nature of the complaint; and(c) the identity of the complainant.(2) A notice under subsection (1) must invite the architect to make, within the period, of not less than 7 days, that the Board specifies in the notice, the representations to the Board, in respect of the complaint, that the architect thinks fit.(3) Notice is not required to be given under subsection (1) if the giving of the notice will or is likely to (a) prejudice the investigation of the complaint; or(b) place the health or safety of a person at risk; or(c) place the complainant or another person at risk of intimidation or harassment.
20D. Board may investigate complaint(1) The Board may conduct an investigation of a complaint.(2) The Board may determine the manner in which a complaint is to be investigated and may appoint any person to assist in the investigation of a complaint.(3) Without limiting the generality of subsection (1) or (2) , the Board may conduct a hearing for the purposes of an investigation of a complaint.(4) In conducting an investigation of a complaint, the Board may regulate its own proceedings and is not bound to observe the rules of evidence but may inform itself of any matter in the manner it thinks fit.
20E. Determination of complaint(1) The Board may, after completing an investigation of a complaint in relation to an architect, determine the complaint by making any one or more of the following orders:(a) an order dismissing the complaint;(b) an order administering a caution or reprimand to the architect;(c) an order requiring the architect to complete a course of training specified by the Board;(d) an order adding a condition to the registration of the architect, or adding to, or altering, the conditions of registration of the architect;(e) an order requiring the architect to ensure the rectification of work, carried out by the architect, that is defective;(f) an order requiring the architect to pay the reasonable costs of the Board related to carrying out the investigation of the complaint;(g) an order suspending the registration of the architect for a period not exceeding the unexpired period of registration or until the architect complies with another order made under this subsection in relation to the architect;(h) subject to subsection (3) , an order cancelling the registration of the architect.(2) Without limiting the grounds on which an order suspending the registration of an architect may be made under subsection (1)(g) , the registration of a person as an architect may be suspended if (a) the registration of the person as an architect under a law of another State or a Territory has been suspended or cancelled on grounds on which the registration of the person under this Act could be suspended or cancelled; or(b) the person has engaged in professional misconduct or unprofessional conduct; or(c) the person has failed to comply with any condition imposed on his or her registration.(3) The Board may only make an order under subsection (1)(h) cancelling the registration of an architect if (a) the grounds on which he or she was taken to be professionally competent to be registered as an architect under section 13(5) no longer exist or never existed; or(b) the architect has failed to comply with a summons issued to the architect under section 22 ; or(c) the architect is convicted in Tasmania of an indictable offence that is punishable by imprisonment for 12 months or more, or is convicted elsewhere than in Tasmania of an indictable offence that, if committed in Tasmania, would be an offence so punishable; or(d) the architect has been registered by means of any false or fraudulent representation or declaration made either orally or in writing; or(e) the architect is a mentally incapacitated person; or(f) the architect has failed to comply with a continuing professional development requirement; or(g) the architect does not have a sufficient level of professional indemnity insurance, within the meaning of section 16 , that the architect is required to have; or(h) the architect has engaged in unprofessional conduct; or(i) the architect has failed to comply with an order made under subsection (1) .(4) If an order is made under subsection (1)(h) cancelling the registration of a person, the order must specify (a) that the person must not be registered under this Act during any period; or(b) the period, of not more than 5 years, in which the person must not be registered under this Act.(5) The Board must, after determining a complaint under subsection (1) in relation to a person, give notice in writing of that determination, any orders contained in the determination, the findings of the Board, and the reasons for the determination, to (a) that person; and(b) all other State, Territory and national registration authorities; and(c) the Administrator, within the meaning of the Occupational Licensing Act 2005 ; and(d) the complainant, unless the complainant is the Board.
20F. Appeal against determination of complaintA person who has made a complaint, or an architect against whom a complaint is made, may appeal to the Magistrates Court (Administrative Appeals Division) under the Magistrates Court (Administrative Appeals Division) Act 2001 against (a) the dismissal of the complaint under section 20B(2) ; or(b) the determination of the complaint, and the making of any order, under section 20E .