Victorian Current Acts Victorian Current Acts(1) Each of the following is a ground for which disciplinary action may be taken against a registered building practitioner—
(a) the practitioner has contravened—
S. 179(1)(a)(i) substituted by No. 11/2023 s. 11.
(i) a provision of this Act or the regulations including any binding determination that applies to that provision; or
(ii) the Domestic Building Contracts Act 1995 or the regulations under that Act; or
S. 179(1)(a)(iii) amended by No. 26/2019 s. 127(a).
(iii) a prescribed Act or law or a prescribed provision of a prescribed Act or law; or
S. 179(1)(a)(iv) inserted by No. 26/2019 s. 127(b).
(iv) the Professional Engineers Registration Act 2019 or the regulations under that Act;
(b) the practitioner has engaged in unprofessional conduct or has failed to comply with a code of conduct;
(c) the practitioner has failed to comply with an order or direction (other than an oral direction to fix building work under Division 2 of Part 4) given to the practitioner—
(i) by the relevant building surveyor under this Act; or
(ii) an authorised person under Division 2 of Part 4;
S. 179(1)(ca) inserted by No. 46/2018 s. 46(1).
(ca) the practitioner has failed to comply with a Ministerial direction under section 188AA;
(d) the practitioner has failed to comply with a determination or direction of the Authority or VCAT under this Act or the Domestic Building Contracts Act 1995 ;
S. 179(1)(da) inserted by No. 15/2016 s. 63(1).
(da) the practitioner has failed to comply with a dispute resolution order under the Domestic Building Contracts Act 1995 ; or
S. 179(1)(db) inserted by No. 46/2018 s. 46(2).
(db) the practitioner has been issued with a breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 for failure to comply with a dispute resolution order under that Act and the chief dispute resolution officer has given written notice to the Authority accordingly;
(e) the practitioner has failed to comply with a reasonable direction of an insurer in relation to—
(i) the completion or rectification of defective building work; or
(ii) any payment to be made to the insurer in relation to the rectification or completion of defective building work in accordance with the required insurance;
(f) the practitioner has engaged in conduct in relation to the practitioner's practice as a building practitioner that is—
(i) constituted by a pattern of incompetence; or
(ii) negligent in a particular matter;
S. 179(1)(g) amended by No. 46/2018 s. 46(3).
(g) the Authority believes on reasonable grounds that the practitioner is not a fit and proper person to practise as a building practitioner;
(h) the practitioner has obtained the practitioner's registration under this Part or any required insurance on the basis of information or a document that was false or misleading;
S. 179(1)(ha) inserted by No. 21/2017 s. 9.
(ha) the practitioner is a body corporate and the practitioner has no nominee director;
S. 179(1)(hb) inserted by No. 21/2017 s. 9.
(hb) the practitioner is a nominee director and the practitioner has failed to comply with a duty under section 174;
S. 179(1)(hc) inserted by No. 21/2017 s. 9.
(hc) the practitioner has failed to comply with a direction under section 80D ;
(i) the practitioner has failed to comply with a condition of the practitioner's registration;
(j) the practitioner has failed to comply with an undertaking given to the Authority under this Act;
(k) the practitioner has made or purported to make an appointment of a building surveyor in contravention of section 78(1A) or has accepted such an appointment or purported appointment in contravention of section 78(1B);
(l) the practitioner has not completed the relevant prescribed continuing professional development requirements (if any);
(m) the practitioner has not paid a fee or other amount required to be paid under—
(i) this Act or the regulations; or
(ii) the Domestic Building Contracts Act 1995 or the regulations under that Act; or
(iii) a prescribed Act or law;
(n) the practitioner has not paid an adjudicated amount due to be paid under the Building and Construction Industry Security of Payment Act 2002 and—
(i) the period for making an adjudication review application under that Act in relation to that amount has expired; and
(ii) the practitioner has not made an adjudication review application in relation to that amount within that period;
(o) a ground for immediate suspension exists in relation to the practitioner.
(2) The Authority may make inquiries to determine whether a ground exists for taking disciplinary action under this Part.
S. 179(3) inserted by No. 15/2016 s. 63(2).
(3) Without limiting its powers to consider information, the Authority may have regard to a report of an assessor under section 48R of the Domestic Building Contracts Act 1995 where relevant to any matter being dealt with under this Division .
S. 179(4) inserted by No. 46/2018 s. 46(4).
(4) For the avoidance of doubt, a disciplinary action on the ground set out in subsection (1)(da) or (db) may be commenced together with or separately to any disciplinary action relating to the building work that is the subject of the dispute resolution order.
S. 179(5) inserted by No. 46/2018 s. 46(4).
(5) If the breach of dispute resolution order notice referred to in subsection (1)(db) is cancelled by the chief dispute resolution officer under section 49V of the Domestic Building Contracts Act 1995 —
(a) the ground for disciplinary action under subsection (1)(db) ceases to exist; and
(b) any suspension or partial suspension imposed by the Authority or VCAT in relation to that ground is terminated.
S. 179(6) inserted by No. 46/2018 s. 46(4).
(6) A disciplinary action relating to the building work that is the subject of the dispute resolution order referred to in subsection (5) is not terminated by reason of the cancellation of the breach of dispute resolution order notice.
S. 179(7) inserted by No. 46/2018 s. 46(4).
(7) In this section—
"chief dispute resolution officer" has the same meaning as in the Domestic Building Contracts Act 1995 .
New s. 179A inserted by No. 15/2016 s. 25.