New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 7

7 Grounds for refusal of accreditation

(1) The Board may refuse to issue or renew a certificate of individual accreditation:

(a) if the applicant does not comply with a requirement under section 5 (3), or

(b) if the Board is not satisfied that the applicant has the qualifications, skills, knowledge and experience required by the accreditation scheme for accreditation as an accredited certifier, or

(c) if the Board is not satisfied that the applicant is covered by the insurance required by Division 2 of Part 6 or can obtain such insurance, or

(d) if the Board is not satisfied that the applicant is a fit and proper person, or

(e) if the applicant is a mentally incapacitated person, or

(f) if the applicant’s equivalent authorisation has been suspended or cancelled (otherwise than at the applicant’s request) under the law of another jurisdiction, or

(g) if the applicant has contravened 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, or

(h) if the applicant has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the applicant 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, or

(i) if the applicant is an undischarged bankrupt, or

(j) if the applicant has represented himself or herself as being an accredited certifier when the applicant was not an accredited certifier, or

(k) if the applicant has contravened any code of conduct in the accreditation scheme, or

(l) for such other reasons as may be prescribed by the regulations.

(1A) The Board may refuse to issue or renew a certificate of corporate accreditation:

(a) if the body corporate concerned does not have at least one director who is an accredited certifier and does not have as directors or employ at least 2 other persons who are accredited certifiers, or

(b) if the body corporate does not comply with a requirement under section 5 (3) (a), or

(c) if the Board is not satisfied that the body corporate is covered by the insurance required by Division 2 of Part 6 or can obtain such insurance, or

(d) if the Board is not satisfied that a director of, or a person concerned in the management of, the body corporate is a fit and proper person, or

(e) if the body corporate’s equivalent authorisation has been suspended or cancelled (otherwise than at its request) under the law of another jurisdiction, or

(f) if the body corporate or a director of, or a person concerned in the management of, the body corporate has contravened 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, or

(g) if the body corporate or a director of, or a person concerned in the management of, the body corporate has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the body corporate, director or person 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, or

(h) if a director of, or a person concerned in the management of, the body corporate is an undischarged bankrupt, or

(i) if the body corporate is the subject of a winding up order or a controller or administrator has been appointed in respect of it, or

(j) if the body corporate has represented itself as being an accredited certifier when it was not an accredited certifier, or

(k) if the body corporate has contravened any code of conduct in the accreditation scheme, or

(l) for such other reasons as may be prescribed by the regulations.

(2) In addition to the grounds referred to in subsection (1), the Board may refuse to renew a certificate of accreditation if:

(a) the Board is not satisfied that the applicant has undertaken the necessary continuing professional development required by the accreditation scheme since the applicant was last issued with a certificate of accreditation or renewal of a certificate of accreditation, or

(b) the applicant has not provided evidence, if required by the Board, that demonstrates the applicant’s compliance with any condition of the applicant’s current certificate of accreditation, or

(c) the application is not accompanied by any records specified by the Board and required to be kept by the accreditation holder under Division 1 of Part 6.

(3) The Board must refuse to issue or renew a certificate of accreditation if directed to do so by an order made by the Tribunal under this Act.