In February 2009, the role of disciplining people in construction occupations was transferred from the Construction Occupations Registrar under the Construction Occupations (Licensing) Act 2004 (COLA) to the ACT Civil and Administrative Tribunal (ACAT) under the ACT Civil and Administrative Tribunal Act 2008. 

The Construction Occupations Registrar still deals with minor disciplinary matters and investigates complaints against license holders. It refers more serious matters to ACAT. 

Grounds for occupational discipline include:

• contravention of COLA or an operational Act
• giving false or misleading information in relation to a construction service
• the licensee or a director, partner or nominee of the licensee, being found guilty of an offence involving fraud, dishonesty or violence  that is  punishable by imprisonment for at least one year
• if the licensee is an individual, the licensee has compounded with creditors or made an assignment of remuneration for their benefit
• if the licensee is a corporation the licensee enters into a scheme of arrangement, or a receiver, manager, receiver and manager or administrator is appointed over the licensee or any of its assets
• a licensee that is a corporation or partnership operating without a nominee, or
• the licensee's licence has been automatically suspended and the cause of the suspension still exists.

For more information on the ACAT procedures refer to their website www.acat.act.gov.au.

Occupational discipline orders

ACAT will be able to make one or more of the following orders for occupational discipline against a licensee:

• reprimand the person
• require the person to give a written undertaking
• require the person to complete a stated course of training to the satisfaction of the regulatory body or another stated person
• give the person a direction.  Note: For directions that may be given, see s 67.
• cancel or suspend the person’s licence or registration
• disqualify the person from applying for a licence, or registration, of a stated kind for a stated period or until a stated thing happens
• if a regulatory body may put conditions on the person’s licence or registration under an authorising law, direct the regulatory body to
  - put a condition on the person’s licence or registration, or
  - remove or amend a condition put on the person’s licence or registration.
• require the person to pay to the Territory or someone else a stated amount (not more than any amount prescribed by regulation). If the person gained financial advantage from the action that is the ground for occupationaldiscipline, require the person to pay to the Territory an amount assessed as the amount of financial advantage gained by the person.

Infringement notice offences

An infringement notice may be issued for:

• working while not holding a licence required for that work;
• pretending to be licensed;
• advertising to provide construction services, but the advertisement contravenes relevant law; and
• allowing an unlicensed or inappropriately licensed person to do work that requires a licence.

An entity issued with an infringement notice can choose to pay the fine amount stated in the notice or challenge the notice in the ACT Magistrates Court.

License demerit points

The grounds for demerit points for occupational discipline are the same as the grounds for occupational discipline excluding those for which an infringement notice may be issued.

If the grounds for demerit points exist, the Registrar records in a demerit points register the number of demerit points the licensee has incurred for the relevant construction occupation. A demerit point is incurred on the day when the Registrar first becomes aware of the disciplinary incident.

A demerit point exists for three years, which does not include time when a person was unlicensed. If a licensee incurs demerit points while unlicensed and then becomes licensed within three years, the remainder of the three years attaches to the new licence. The demerit points that were taken into account in a licence disqualification or suspension or other disciplinary action are deleted from the register when the period of the action begins.

Licensees are advised if a demerit point has been recorded and in the previous three years the licensee has had at least 10 demerit points. The only circumstance in which the registrar is not required to write to the licensee is when a notice has been sent within the previous three months.

If a licensee incurs 15 or more demerit points in a construction occupation within the previous three years, a notice of licence suspension, disqualification or other disciplinary action will be issued.

Disqualifications

Disqualified licensees are not entitled to apply for or be issued with a licence for the entire time of the disqualification. If a licensee applies for a new or renewed licence and has, within the previous three years, incurred 15 or more demerit points within the construction occupation in which they are applying, the Registrar may refuse to issue the licence.