New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 19

19 Definitions

(1) In this Part:
"complaint" means a complaint about an accreditation holder made under section 21.
"disciplinary finding" means a finding of unsatisfactory professional conduct or professional misconduct.
"professional misconduct", in relation to an accreditation holder, means conduct that is unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the accreditation holder’s certificate of accreditation.
"unsatisfactory professional conduct" of an accredited certifier means any of the following (whether consisting of an act or omission):

(a) conduct occurring in connection with the exercise of the accredited certifier’s functions as a certifying authority that falls short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent accredited certifier,

(b) a contravention of this Act, the Environmental Planning and Assessment Act 1979 , the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , or the regulations under any of those Acts, by the accredited certifier, whether or not the accredited certifier is prosecuted or convicted for the contravention,

(c) a contravention by the accredited certifier of a law (whether or not a New South Wales law, and whether or not the contravention is an offence) that relates to the functions or obligations of a person as an accredited certifier or the holder of an equivalent authorisation, or involves fraud or dishonesty, whether or not the accredited certifier is prosecuted or convicted for the contravention,

(d) a failure to comply with a statutory or other duty, or a contractual obligation, imposed on the accredited certifier by or in accordance with a law (whether or not a New South Wales law) that relates to the functions or obligations of a person as an accredited certifier or the holder of an equivalent authorisation,

(e) the exercise by the accredited certifier of functions as a certifying authority in a partial manner,

(f) the wilful disregard by the accredited certifier of matters to which the accredited certifier is required to have regard in exercising functions as a certifying authority,

(g) a failure by the accredited certifier to comply with any relevant code of conduct contained in the accreditation scheme,

(h) a failure by the accredited certifier to comply with a term or condition of the certificate of accreditation,

(i) a failure by an accredited certifier to comply with an order of the Board or the Tribunal under this Act,

(j) a failure by the accredited certifier, without reasonable excuse, to comply with a direction or requirement under Part 5,

(k) wilfully misleading or obstructing the Board in the exercise of any function under this Part or Part 4 or 5,

(l) any other improper or unethical conduct of the accredited certifier that indicates that the accredited certifier is unfit to properly carry out the duties of an accredited certifier,

(m) any conduct specified by a provision of this Act as being capable of being unsatisfactory professional conduct or professional misconduct or any other conduct prescribed by the regulations for the purposes of this definition.

(2) A reference in this Part (however expressed) to the exercise by an accredited certifier of the functions of a certifying authority includes a reference to the exercise by the accredited certifier of the functions of a certifying authority on behalf of a council or an accredited body corporate.