New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 20

20 General provisions concerning disciplinary proceedings

(1) If an accreditation holder has died:

(a) a person cannot make a complaint against the accreditation holder, and

(b) the Board is not to investigate (or continue to investigate) a complaint made against the accreditation holder or to make an application to the Tribunal for a disciplinary finding against the accreditation holder, and

(c) the Tribunal is not to determine an application for a disciplinary finding against the accreditation holder.

(2) A complaint against an accreditation holder may be made and dealt with even though the relevant certificate of accreditation has been suspended or cancelled or has lapsed. For that purpose, a reference in this Part to an accreditation holder includes a reference to a person whose certificate of accreditation has been suspended or cancelled or has lapsed.

(3) Despite subsection (2), the Board may decide not to investigate or make a decision under section 31 on a complaint (or may decide to terminate an investigation or dismiss proceedings in relation to a complaint) if the person who is the subject of the complaint is no longer an accreditation holder.

(4) Despite subsection (2), the Tribunal may decide not to determine an application for a disciplinary finding against an accreditation holder (or may decide to dismiss proceedings for such an application) if the person to whom the application relates is no longer an accreditation holder.