New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 61

61 Notice to show cause

(1) This section applies if the Secretary is of the opinion that there are reasonable grounds for believing that there are grounds for taking disciplinary action under section 62 against the holder of an authority.

(2) The Secretary may serve a notice in writing on the holder of an authority, inviting the holder to show cause why he, she or it should not be dealt with under this Division.

(3) The notice must state the grounds on which the holder is required to show cause and must specify the period, being at least 14 days, during which it must be done.

(4) A holder of an authority on whom a notice to show cause has been served may, within the period specified in the notice, make submissions to the Secretary, orally or in writing, and provide evidence with respect to the matters to which the notice relates.

(5) The Secretary may conduct any inquiry or make any investigation in relation to the matters to which the notice relates and the submissions made, if any, and the evidence adduced, if any, by or on behalf of the holder of the authority in relation to those matters that the Secretary thinks fit.

(6) However, such inquiry or investigation need not be conducted if the Secretary is of the opinion that it is in the public interest to take immediate action.

(7) If any submissions are made by a person in accordance with this section, the Secretary must, before determining whether or not to take disciplinary action under this Division, take those submissions into consideration.

(8) If a show cause notice is served under this section on--

(a) a member of a partnership, or

(b) an officer of a corporation that is a member of a partnership, or

(c) an officer of a corporation,

being a partnership or corporation that is the holder of an authority, the other members of the partnership are, or the corporation is, also to be served with a copy of the notice, if it is practicable for the members or corporation to be so served.