We review minor disciplinary matters and investigate complaints against licence holders. More serious matters are referred to the ACT Civil and Administrative Tribunal (ACAT).
See current disciplinary actions on the disciplinary register.
Grounds for occupational discipline
There may be grounds for occupational discipline if:
- there is a contravention of the Construction Occupations (Licensing) Act 2004 or an operational Act
- false or misleading information in relation to a construction service is given
- the licensee or a director, partner or nominee of the licensee, is found guilty of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for at least one year
- the individual licensee has compounded with creditors or made an assignment of remuneration for their benefit
- the licensee is a corporation and enters into a scheme of arrangement, or a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets
- a licensee that is a corporation or partnership operates without a nominee
- the licensee's licence has been automatically suspended and the cause of the suspension still exists.
An application for occupational discipline is made at ACAT.
Occupational discipline orders
ACAT may make orders for occupational discipline against a licensee, such as:
- reprimand the person
- require the person to give a written undertaking
- require the person to complete a stated course of training to the satisfaction of the regulatory body or another stated person
- give the person a direction (see s 67)
- cancel or suspend the person’s licence or registration
- disqualify the person from applying for a licence, or registration, of a stated kind for a stated period or until a stated thing happens
- direct the Registrar to:
- put a condition on the person’s licence or registration, or - remove or amend a condition put on the person’s licence or registration
- require the person to pay a stated amount.
Infringement notice offences
An infringement notice may be issued for:
- working while not holding a licence required for that work
- pretending to be licensed
- advertising to provide construction services, but the advertisement contravenes relevant law
- allowing an unlicensed or inappropriately licensed person to do work that requires a licence.
An entity issued with an infringement notice can choose to pay the fine amount stated in the notice or challenge the notice in the ACT Magistrates Court.
Licence demerit points
The grounds for demerit points for occupational discipline are the same as the grounds for occupational discipline excluding those for which an infringement notice may be issued.
If the grounds for demerit points exist, the Construction Occupations Registrar records in a demerit points register the number of demerit points the licensee has incurred for the relevant construction occupation. A demerit point is incurred on the day when the Registrar first becomes aware of the disciplinary incident.
A demerit point exists for three years, which does not include time when a person was unlicensed. If a licensee incurs demerit points while unlicensed and then becomes licensed within three years, the remainder of the three years attaches to the new licence. The demerit points that were taken into account in a licence disqualification or suspension or other disciplinary action are deleted from the register when the period of the action begins.
Licensees are advised if a demerit point has been recorded and in the previous three years the licensee has had at least 10 demerit points. The only circumstance in which the registrar is not required to write to the licensee is when a notice has been sent within the previous three months.
If a licensee incurs 15 or more demerit points in a construction occupation within the previous three years, a notice of licence suspension, disqualification or other disciplinary action will be issued.
Disqualified licensees are not entitled to apply for or be issued with a licence for the entire time of the disqualification. If a licensee applies for a new or renewed licence and has, within the previous three years, incurred 15 or more demerit points within the construction occupation in which they are applying, the Registrar may refuse to issue the licence.
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