Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies if a licensed construction practitioner engages in conduct that the registrar decides, on reasonable grounds, presents or is likely to present a risk of death or injury to a person, significant harm to the environment or significant damage to property.
Examples
1 A licensed construction practitioner is licensed to undertake demolition work that involves the removal of asbestos. An inspection of building work being undertaken by the practitioner reveals that the practitioner is employing methods of demolition that are inconsistent with the standards for managing asbestos, and has left asbestos exposed in an area which is access by members of the public and where fibres can be carried into the surrounding environment. The registrar decides to suspend the practitioner's licence to prevent the practitioner from undertaking further work until the practitioner's methods are assessed and corrected.
2 A licensed builder has built 7 of 11 proposed dual-occupancy residences. An inspection of 1 of the residences reveals that no fire wall has been built between the 2 occupancies, inconsistent with the building approval. The registrar decides to suspend the builder's licence to inspect the other built residences and prevent other residences being built without a fire wall.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The licensed construction practitioner's licence is suspended when the registrar gives the practitioner notice—
(a) of the nature of the conduct; and
(b) of the nature of the risk; and
(c) that the practitioner may apply in writing to the registrar to revoke the suspension.
(3) However, during the suspension the registrar may allow the licensed construction practitioner to undertake construction work, within the scope of the licensee's licence, necessary to comply with a rectification order.
(4) The registrar may give the notice orally, in writing or in electronic form.
(5) However, if the registrar gives the notice orally, the registrar must give the notice in writing or in electronic form within 2 days after giving the notice orally.