New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 6

6 Determination of application for accreditation

(1) The Board may:

(a) issue or renew a certificate of accreditation, unconditionally or subject to conditions, or

(b) refuse to issue or renew a certificate of accreditation in accordance with section 7.

(2) If the regulations provide that different categories of certificate of individual accreditation may be issued by the Board, the Board may:

(a) in the case of an application for the issue of a certificate of accreditation, issue a certificate of a category prescribed by the regulations that the Board considers appropriate (regardless of whether the applicant has applied for a different category of certificate), or

(b) in the case of an application for the renewal of a certificate of accreditation, refuse to renew the certificate and instead issue a certificate of a different category to that to which the application for renewal relates if the Board considers it appropriate to do so.

(3) If the Board decides to issue or renew a certificate of accreditation, it must issue a certificate to the applicant in a form determined by the Board that sets out the conditions to which the accreditation is subject.

(4) The Board must give notice in writing to the applicant concerned of its intention to make any of the following decisions setting out the reasons for the decision:

(a) to refuse an application for the renewal of a certificate of accreditation,

(b) to refuse to renew a certificate of accreditation and instead to issue a certificate of a different category to that to which the application for renewal related,

(c) to impose new conditions on, or alter existing conditions of, a certificate of accreditation (other than conditions prescribed by the regulations).

(5) The notice must include a statement that the applicant concerned may make submissions to the Board in relation to the proposed decision within 14 days after the date of the notice.

(6) The Board must take into account any submissions received in accordance with subsection (5).

(7) The Board must notify the applicant concerned in writing of the making of a decision under this section setting out the reasons for the decision.

(8) The Board is taken to have refused to issue a certificate of accreditation if it has failed to make a decision within the period of 60 days after receiving the relevant application (or such longer period as is agreed to in writing by the applicant).

(9) Nothing in subsection (8) prevents the Board from determining an application after the expiration of the 60-day period referred to in that subsection.

(10) A determination pursuant to subsection (9) does not, subject to subsection (11), prejudice or affect the continuance or determination of an application for a review made under section 18 in respect of a determination that is taken by subsection (8) to have been made.

(11) If a determination pursuant to subsection (9) is made by issuing the relevant certificate of accreditation, the Board is entitled, with the consent of the applicant and without prejudice to costs, to have any application for review (being an application made under section 18 in respect of a determination that is taken by subsection (8) to have been made) withdrawn at any time prior to the determination of that application for review.