Australian Capital Territory Consolidated Acts

CONSTRUCTION OCCUPATIONS (LICENSING) ACT 2004 - SECT 123

    (1)     After investigating a complaint against a licensee or former licensee, the registrar must—

        (a)     if satisfied that a ground for occupational discipline exists in relation to the complaint—

              (i)     do both of the following:

    (A)     apply to the ACAT for an occupational discipline order in relation to the licensee;

    (B)     tell the complainant in writing that the application has been made; or

              (ii)     take the following disciplinary action:

    (A)     reprimand the licensee or former licensee;

    (B)     require the licensee, or, if the licensee is a corporation or partnership, a nominee of the licensee, to complete a stated course of training to the satisfaction of the registrar or another stated person;

    (C)     impose a condition on the licence, or amend an existing condition; or

        (b)     if not satisfied that a ground for occupational discipline exists in relation to the complaint—

              (i)     tell the complainant in writing that the registrar will take no further action on the complaint; and

              (ii)     take no further action on the complaint; or

        (c)     if the complaint was a notice given under the Building Act 2004 , section 50 (Notification by certifier of contraventions of building and development approvals—building work) and the registrar is satisfied it should be referred to the planning and land authority—refer the complaint to the planning and land authority.

    (2)     Subsection (1) (b) (ii) does not prevent the registrar from taking further action in relation to a complaint if the registrar becomes satisfied that a ground for occupational discipline exists in relation to the complaint.

    (3)     The registrar refers a complaint to the planning and land authority by giving the authority—

        (a)     a copy of the complaint or a summary of the information provided in the complaint; and

        (b)     any information relating to the complaint that the registrar considers may be helpful to the authority; and

        (c)     a statement about why the registrar considers that the authority is more appropriate to deal with the complaint than the registrar.

Note     The registrar need not notify the complainant under subsection (1) if the complainant has withdrawn the complaint (see s 119).