Victorian Current Acts Victorian Current ActsS. 182(1) amended by No. 46/2018 s. 49(1).
(1) Subject to subsection (6), if the Authority reasonably believes a ground for taking disciplinary action against a registered building practitioner exists and proposes to take that action, the Authority must give the registered building practitioner a notice under this section (a show cause notice ).
S. 182(1A) inserted by No. 46/2018 s. 49(2).
(1A) In the case of disciplinary action on the ground set out in section 179(1)(db) , the Authority must give a show cause notice by the later of the following—
(a) within 28 days of receiving the breach of dispute resolution order notice from the chief dispute resolution officer;
(b) within the prescribed period.
(2) The show cause notice must state the following—
(a) that the Authority proposes to take disciplinary action;
(b) the disciplinary action proposed to be taken;
(c) the registration in relation to which the proposed action is to be taken;
(d) the ground for the proposed action;
(e) an outline of the facts and circumstances forming the basis for the ground for the proposed action;
(f) an invitation to the registered building practitioner to show within a stated period (the show cause period ) why the proposed action should not be taken.
(3) The show cause period must be a period ending at least 14 days after the show cause notice is given to the registered building practitioner.
(4) The Authority, at the request of the registered building practitioner, may extend the show cause period stated in the show cause notice and in that case the extended period becomes the show cause period.
S. 182(5) inserted by No. 46/2018 s. 49(3), amended by No. 40/2021 s. 53(2).
(5) In the case of a show cause notice issued in relation to disciplinary action on the ground under section 179(1)(db), the disciplinary action proposed to be taken must include a suspension under section 178(f).
S. 182(6) inserted by No. 46/2018 s. 49(3).
(6) The Authority is not required to give the registered building practitioner a show cause notice if—
(a) the Authority has issued a notice of immediate suspension under section 180A(2); and
(b) the Authority does not propose to take any other disciplinary action.
New s. 182A inserted by No. 15/2016 s. 25.