Victorian Current Acts

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BUILDING ACT 1993 - SECT 180A

Immediate suspension of registration

S. 180A(1) amended by No. 21/2017 ss 11(1), 95(7).

    (1)     Subject to section 180C, the Authority may, by written notice given to a registered building practitioner, immediately suspend the registration of the registered building practitioner if the Authority reasonably believes a ground for immediate suspension exists under section 180 (other than paragraph (d)) in relation to the practitioner.

    (2)     The Authority must, by written notice given to a registered building practitioner, immediately suspend the registration of the registered building practitioner if the Authority reasonably believes that the practitioner has ceased to be covered by the required insurance.

S. 180A(2A) inserted by No. 46/2018 s. 48(1).

    (2A)     The Authority must, by written notice given to a registered building practitioner, immediately suspend the registration of the registered building practitioner if the Authority considers it is in the interests of the public to do so pending the show cause process.

S. 180A(2B) inserted by No. 46/2018 s. 48(1).

    (2B)     For the purpose of subsection (2A), matters that the Authority may have regard to in deciding whether it is in the interests of the public to immediately suspend the registration of a registered building practitioner include the following—

        (a)     whether the registered building practitioner is performing, has performed or has allowed others under the practitioner's control to perform building work that poses a serious risk to neighbouring properties;

        (b)     whether the registered building practitioner is performing, has performed or has allowed others under the practitioner's control to perform building work that poses a risk to the health and safety of persons;

        (c)     whether the registered building practitioner has been the subject of multiple adverse disciplinary actions by the Authority.

    (3)     The Authority may suspend a registration under subsection (1) either wholly or as a partial suspension in relation to a specified matter.

    (4)     The notice must state the following—

        (a)     the decision;

        (b)     the ground or grounds under section 180 for the decision;

        (c)     the period of the suspension;

        (d)     that the building practitioner may apply to VCAT under this Part for review of the decision.

    (5)     The Authority must provide written reasons for the immediate suspension within 5 business days after giving the notice.

S. 180A(6) amended by No. 46/2018 s. 48(2).

    (6)     The Authority must give the building practitioner a show cause notice under section 182 without delay after giving the notice under subsection (1).

S. 180B inserted by No. 15/2016 s. 25.



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