Northern Territory Consolidated Acts

BUILDING ACT - SECT 34F

    (1)     On completion of the audit, the Director must decide:

        (a)     whether or not there is evidence that a building practitioner the subject of the audit has committed an offence against this Act or the Regulations; and

        (b)     whether or not there is evidence that a building practitioner the subject of the audit is guilty of professional misconduct.

    (2)     On making a decision under subsection (1), the Director may decide to take one or more of the following actions in relation to the building practitioner:

        (a)     if there is the evidence referred to in subsection (1)(a) – prosecute the building practitioner for the alleged offence;

        (b)     if there is the evidence referred to in subsection (1)(b) – refer the matter to the Practitioners Board for inquiry;

        (c)     develop with the building practitioner a remedial program for the building practitioner.

    (3)     If, on completion of an audit of a building practitioner:

        (a)     the Director makes the decision referred to in subsection (2)(c); and

        (b)     the building practitioner does not participate in the development or implementation of the remedial program to the Director's reasonable satisfaction,

the Director may reconsider a decision made on completion of the audit not to prosecute the practitioner for an alleged offence or not to refer a matter relating to the practitioner for inquiry or both and may decide to prosecute or to refer the matter or both.

    (4)     The Director must, as soon as practicable after making a decision under this section, give the building practitioner written notice of the decision.

    (5)     The notice must set out the reasons for the decision.