New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 46

46 Investigation of accredited certifiers and building professionals

(1) The Board may investigate the work and activities of:

(a) an accredited certifier in his, her or its capacity as a certifying authority, or

(b) an accredited certifier when carrying out certification work on behalf of an accredited body corporate or a council, or

(c) an accredited certifier director, or

(d) a building professional.

(2) The Board must prepare a report of the results of any such investigation.

(3) The Board must send a copy of the report to the accreditation holder with a notice that states that the accreditation holder may make written submissions to the Board within 28 days after the date of the notice.

(4) The Board must take into account any submissions received in accordance with subsection (3).

(5) If satisfied, as a result of any such investigation, that the accreditation holder is or may be guilty of unsatisfactory professional conduct or professional misconduct within the meaning of Part 3, the Board may take any action under Part 3 in relation to any matter arising from the report that it could take in relation to a complaint, including applying to the Tribunal for a disciplinary finding in accordance with section 31.

(6) The Tribunal may take any action under Division 5 of Part 3 in relation to a matter arising from the report that is referred to the Tribunal by the Board that it could take in relation to a complaint.