Suspension, cancellation and disqualification

Suspension (excluding an immediate suspension), cancellation and disqualification may be applied as a disciplinary action after a disciplinary process has been completed.

Immediate suspension

Immediate suspension can occur before a disciplinary process is completed. It is a form of protective measure and is not a disciplinary action. The measure is used in response to serious non-compliance or when it’s necessary to protect the public.

In some cases, we have no discretion and must proceed to immediate suspension, for example, when a building practitioner is no longer covered by the required insurance.

Substantive suspension

A substantive suspension (for up to 3 years for building practitioners, or 12 months for plumbing practitioners) may be applied after a full disciplinary process is completed. Because it may prevent a practitioner from earning an income, this disciplinary action is reserved for serious breaches or offences under the Act, or to address patterns of wilful misconduct.

Partial suspension

A partial suspension may be used when it is necessary to protect the public from misconduct risks, but it remains in the public interest for the building practitioner to continue to work to rectify a current issue or non-compliance.

A partial suspension may also be used where it enables a practitioner, to the benefit of consumers or building projects, to take certain actions under the Act – for example, for a relevant building surveyor to transfer responsibility for building work to another relevant building surveyor.

A suspended suspension may be used when it is considered appropriate to give a plumbing practitioner the opportunity to correct their behaviour. A suspension may be suspended to provide a specific:

• period where a plumbing practitioner must ensure their future compliance; and/or
• condition to be met such as them completing a particular training unit.

If a plumbing practitioner fails to comply with the terms of a suspended suspension their registration or licence will be suspended.

Suspended suspensions will generally not be used where the conduct or breach is severe.

Cancellation

Cancellation, coupled with a period of disqualification, is our most serious disciplinary tool.

Disqualification

Under the legislation a person can be disqualified from being registered or licensed for up to a maximum of 3 years.

Disqualification means a person cannot apply to be registered or licensed under the Act for that period. For building practitioners, this practically means they also cannot be the nominee director of any company that holds registration under the Act for the period of the disqualification.

When a disqualification period ends a person may reapply to be registered or licensed. At that time the person will need to satisfy the BPC that they meet all the legislative requirements to gain a registration or licence, such as the ‘fit and proper person’ requirement.

The fact of having been disqualified by the BPC under a disciplinary process may impact a person’s future eligibility to obtain required insurance

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