Queensland Consolidated Acts

BUILDING ACT 1975 - SECT 246CY

246CY Decision after investigation or audit completed

(1) After investigating a complaint or conducting an audit, the QBCC commissioner must decide whether or not a ground for disciplinary action against the pool safety inspector is established.

(2) The commissioner must give the pool safety inspector and the complainant (if any) an information notice about the decision taken under subsection (1) .

Note—

For reviews of the decision, see the QBCC Act , part 7 , division 3 .

(3) If the commissioner is aware that the pool safety inspector is employed by someone else to perform pool safety inspection functions, it must give the employer a copy of the notice.

(4) If the commissioner decides a ground for disciplinary action against the pool safety inspector is established, the commissioner must decide to do 1 or more of the following—

(a) reprimand the pool safety inspector;

(b) impose the conditions it considers appropriate on the pool safety inspector’s licence;

(c) direct the pool safety inspector to complete to the satisfaction of the commissioner the educational courses stated by the commissioner;

(d) direct the pool safety inspector to report on his or her practice as a pool safety inspector at the times, in the way and to the persons stated by the commissioner;

(e) require the pool safety inspector to refund some or all of a fee paid for an inspection of a regulated pool;

(f) require the pool safety inspector to pay to the commissioner, within a reasonable stated period, a stated amount of not more than the equivalent of 60 penalty units;

(g) suspend the pool safety inspector’s licence for a period of not more than 1 year;

(h) if the commissioner is satisfied the pool safety inspector is generally competent and diligent—advise the pool safety inspector it does not intend to take any further action.

(5) However, if the commissioner is satisfied it would be reasonable in the circumstances to decide to do either of the following, the commissioner must apply to the tribunal to start a disciplinary proceeding against the pool safety inspector—

(a) suspend the pool safety inspector’s licence for more than 1 year;

(b) cancel the pool safety inspector’s licence.

(6) The commissioner must—

(a) give an information notice about its decision under subsection (4) to the pool safety inspector; and

Note—

For reviews of the decision, see the QBCC Act , part 7 , division 3 .

(b) if the decision is made after investigating a complaint—give the complainant a copy of the notice.

(7) Subsection (4) does not prevent the commissioner—

(a) taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct that may result in a disciplinary proceeding against the pool safety inspector; or

(b) starting a proceeding to prosecute the pool safety inspector for an offence against this Act.