South Australian Current Acts South Australian Current Acts47—Hearing by Tribunal 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 may be laid before the Tribunal 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.
(3) If a complaint is
laid under this section against a partner in a partnership that is a
registered architectural business, the Tribunal must give notice of the
complaint to each other partner in the partnership.
(4) The Tribunal may
(without limiting the powers of the Tribunal under the
South Australian Civil and Administrative Tribunal Act 2013 ), during the
hearing of a complaint under this section—
(a)
allow an adjournment to enable an inspector to investigate or further
investigate matters to which the complaint relates; and
(b)
allow the modification of the complaint or additional allegations to be
included in the complaint subject to any conditions as to adjournment and
notice to parties and other conditions that the Tribunal may think fit to
impose.
(5) On the hearing of
a complaint, the Tribunal may, if it is satisfied that there is proper cause
for taking disciplinary action against the person to whom the complaint
relates, by order, do 1 or more of the following:
(a)
reprimand the person;
(b)
impose a fine not exceeding $10 000 on the person;
(c) if
the person is a registered architect—
(i)
impose conditions on the person's registration
restricting the person's right to provide services as an architect;
(ii)
suspend the person's registration for a period not
exceeding 1 year;
(iii)
cancel the person's registration;
(iv)
disqualify the person from being registered;
(d) if
the person 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 Tribunal 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.
(6a) The Tribunal
must, following the determination of proceedings under this section, notify
the Board of the outcome of the proceedings.
(6b) The Tribunal may,
on application by a party to the proceedings, vary or revoke a condition
imposed by the Tribunal under this section in relation to the person's
registration under this Act.
(6c) An application
under subsection (6b) may not be made—
(i)
within 1 month of the imposition of the condition by the
Tribunal to which the application relates; or
(ii)
within 12 months of any previous application under
subsection (6b) by the party to vary or revoke a condition,
unless leave is granted by the Tribunal.
(6d) The Board, the
Minister and representative bodies are entitled to appear and be heard on an
application under subsection (6b).
(6e) A fine imposed by
the Tribunal under subsection (5) is payable to the Board (and is
recoverable by the Board as a debt).
(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.
(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.