Discipline

Discipline is an enforcement tool used by the BPC to hold practitioners to account and improve overall consumer outcomes.

It can only be applied to registered and licenced practitioners.

The purpose of discipline is protective, with a focus on safeguarding the public, maintaining professional standards, and upholding trust and integrity in the relevant occupation.

This is different from criminal processes, such as prosecutions through the courts, which have a punitive and deterrent purpose, and civil litigation, which resolves legal disputes and enforces legal rights between private parties.

The BPCs approach aligns with an established Australian legal framework for discipline decisions referred to in the Discipline policy.

The legal framework requires that the primary purpose of practitioner discipline is protective and penalties cannot be excessive beyond what is necessary to help rectify the conduct and deter future wrong doing. It focuses on safeguarding the public, maintaining professional standards and upholding trust and integrity in the building and plumbing industries.

What disciplinary action can involve

Depending on the circumstances, disciplinary action may include:

• issuing a reprimand or caution
• requiring education, training or mentoring to improve competence or understanding of obligations
• imposing conditions on a registration or licence
• requiring the practitioner to pass an examination or demonstrate competency
• suspending or cancelling a registration or licence
• disqualifying a person from applying for registration or licence for a set period
• ordering the payment of costs or financial penalties

These measures may be applied individually or in combination, depending on the:

• seriousness of the conduct
• risk to consumers
• whether the practitioner has previously been subject to enforcement action

We publish disciplinary outcomes to maintain transparency and public confidence.

Different processes for building and plumbing

Practitioner discipline refers to a formal process, administered by the BPC, where:

• allegations relating to compliance or professional conduct are put to practitioners
• they are given an opportunity to respond
• the BPC then determines what disciplinary action will be taken (if any).

The BPC may discipline registered building practitioners (individuals and companies) and plumbing practitioners who are, or have been registered or licensed (individuals only).

Building and plumbing practitioners are regulated under separate legislative frameworks, and each has a distinct disciplinary process.

• Building disciplinary matters are managed through a show cause process
• Plumbing matters are addressed through a formal inquiry

A consistent regulatory approach

While the processes differ, both follow the same regulatory principles:

• natural justice and procedural fairness
• proportionate and evidence-based decision-making
• transparency and accountability
• protection of consumers and the integrity of Victoria’s building and plumbing systems.

Discipline and other measures

Discipline may be used on its own or alongside other enforcement pathways such as civil or criminal action.

In some cases, more than one response may be required to address different aspects of the same conduct.

For example:

• Seeking an injunction to enforce compliance with a direction or notice to remedy non-compliant work, followed by discipline to address the underlying conduct
• Suspending or cancelling a practitioner’s registration or license at the conclusion of civil or criminal proceedings
• Delivering a rapid disciplinary response to an isolated breach (such as a reporting requirement, or failure to comply with a direction), whilst commencing a prosecution for the underlying offence e.g. non-compliant work
• Suspending or cancelling a practitioner's registration or licence via discipline to protect consumers, in parallel to prosecution and seeking fines via the courts for the same conduct.

For more information, see prosecutions and injunctions.

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