One disciplinary process applies to all current and former licencees of the Construction Occupations (Licensing) Act 2004. The process may include investigation of complaints, disciplinary inquiries, license demerit points and infringement notice offences.

Disciplinary grounds

Disciplinary grounds 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 and 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.

Construction professionals have 12 business days to provide a written response to a disciplinary notice. This notice sets out the disciplinary grounds that are believed to exist. The Construction Occupations Registrar, who is an officer of the ACT Planning and Land Authority, may also issue an interim suspension for two weeks or less if it is in the public interest to do so before making a decision. A further notice may be sent after the response if the Registrar decides to hold an inquiry.

Inquiries

If an inquiry is to be held, the construction professional licensee or former licensee will be given at least two weeks' written notice. Professionals may have legal representation for inquiries. Witnesses may also be called at an inquiry. The Registrar may appoint a lawyer to examine witnesses, to give advice or require the relevant COLA Advisory Board to provide advice. If you need to attend an inquiry to give evidence or produce documents, you can claim reasonable costs and expenses of attending the inquiry.

Disciplinary actions

Decisions to take disciplinary action may take into account written responses to the disciplinary notice, the inquiry, the need to protect public safety, the financial capacity of the licensee, the nature and regularity of the breaches, and the likelihood of further disciplinary incidents. The Registrar can take one or more of the following disciplinary actions against the construction professional:

• reprimand the licensee or former licensee;
• require the licensee, or a nominee of the licensee, to complete a stated course of training to the satisfaction of the Registrar or another stated person;
• impose a condition on the licence, or vary an existing condition;
• order the licensee to pay to the Territory a financial penalty of not more than $1000;
• suspend the licence for a stated period;
• cancel the licence;
• cancel the licence and disqualify the licensee from applying for a licence for a stated period or until a stated thing happens; or
• disqualify the former licensee from applying for a licence for a stated period.

Licensees are notified of disciplinary action and advised when it takes effect. The Registrar may also notify the public. Decisions to take disciplinary action can be appealed to the ACT Administrative Appeals Tribunal.

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

A demerit disciplinary ground is the same as the grounds for taking disciplinary action but it excludes those for which an infringement notice may be issued.

If a demerit disciplinary ground exists, 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 ground.

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.