For a building practitioner, one of the specified grounds is that the practitioner is no longer covered by required insurance. In this case, we have no discretion and must proceed to immediate suspension.
Other grounds for immediate suspension (whole or partial, and at our discretion) include the building practitioner:
being insolvent
being convicted of a serious offence involving fraud, dishonesty, drug trafficking or violence
not having a registered building practitioner as a director, if the practitioner is a company
not complying with the conditions of registration.
Public interest considerations for building and plumbing practitioners include work affecting people’s health and safety or posing a serious risk to property, and repeated disciplinary breaches.
We will provide the practitioner with notice (a show cause notice for building practitioners and a notice of inquiry for plumbing practitioners) either at the same time, or without delay after, the suspension notice is given to the practitioner.
If you have been issued with an immediate suspension notice, you should read the Immediate suspension practitioner guide. It will help ensure you are fully aware of your responsibilities, what to do and where to get further information or advice.
Frequently asked questions
Immediate suspension is not a criminal matter, but a practitioner may be immediately suspended for being convicted of an indictable offence involving fraud, dishonesty, drug trafficking or violence.
We may, by written notice given to the practitioner, immediately suspend the registration of the practitioner if there is a reasonable belief that a ground for immediate suspension exists.
Yes.
A building practitioner may apply for a review of a decision to immediately suspend their registration through our internal review process or by the Victorian Civil Administrative Tribunal (VCAT). However, there is no internal review process for a plumbing practitioner to apply for a review of a decision to immediately suspend their registration or licence; they may instead apply for review directly to VCAT.
The circumstances when, and grounds upon which, an immediate suspension can be applied relate to matters that pose a serious risk to the safety of individuals, the public or property, including structural, personal or financial risks, and therefore suspension must be immediate.
An immediate suspension takes effect when the notice of decision is given to a practitioner unless the notice of immediate suspension indicates otherwise.
An immediate suspension continues for the period specified in the immediate suspension notice unless it is revoked by the BPC, or is set aside on review by internal review or VCAT.