Victorian Current Acts

BUILDING ACT 1993 - SECT 182D

    (1)     If the Authority believes a ground exists to take disciplinary action against the registered building practitioner (other than the ground under  section 179(1)(db)), the Authority may—

        (a)     accept an undertaking from the practitioner under section 234B; and

        (b)     do any of the following—

              (i)     defer taking the proposed disciplinary action for a specified period;

              (ii)     take disciplinary action that the Authority considers to be less serious than the proposed disciplinary action;

              (iii)     take no further action.

S. 182D(2) inserted by No. 46/2018 s. 50(2).

    (2)     Despite subsection (1), if the Authority believes that the ground under section 179(1)(db) exists to take disciplinary action against the registered building practitioner, and if the registered building practitioner demonstrates that there may be exceptional circumstances in relation to any failure by the practitioner to seek review of the breach of dispute resolution order notice within the time limit fixed under  section 66 of the Domestic Building Contracts Act 1995 , the Authority may—

        (a)     accept an undertaking from the practitioner under section 234B that the practitioner will—

              (i)     make an application to VCAT as soon as possible for extension of the time limit to apply for review of the decision to issue a breach of dispute resolution order notice; and

              (ii)     inform the Authority—

    (A)     when the application has been made; and

    (B)     as to the outcome of the application; and

    (C)     as to the date of any hearing relating to the application; and

        (b)     defer taking the proposed disciplinary action for a specified period, which may be extended by the Authority if the practitioner's application to VCAT is successful.

S. 182D(3) inserted by No. 46/2018 s. 50(2).

    (3)     For the avoidance of doubt—

        (a)     the Authority cannot accept an undertaking from the registered building practitioner in relation to subsection (2) other than the undertaking specified in subsection (2)(a); and

        (b)     if the practitioner fails to comply with the undertaking, or if VCAT rejects the application for an extension of time, the Authority must proceed with the proposed disciplinary action on the ground under section 179(1)(db) that was deferred under subsection (2)(b); and

        (c)     any exceptional circumstances referred to in subsection (2) cannot be taken into account by the Authority in deciding on the disciplinary action to be taken against the practitioner.

S. 182E inserted by No. 15/2016 s. 25.