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BUILDING ACT 1993 - SECT 221ZZZG Grounds on which disciplinary action may be taken

BUILDING ACT 1993 - SECT 221ZZZG

Grounds on which disciplinary action may be taken

    (1)     There is proper cause for taking disciplinary action against a person who is, or has been, licensed or registered under this Part if—

        (a)     he or she obtained the licence or registration by fraud or misrepresentation or the concealment of facts;

        (b)     he or she has been convicted of an offence against the plumbing laws;

S. 221ZZZG (1)(ba) inserted by No. 26/2019 s. 129.

        (ba)     the person has contravened the Professional Engineers Registration Act 2019 or the regulations under that Act;

        (c)     he or she has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more;

S. 221ZZZG(1)(d) amended by No. 31/2007 s. 15, substituted by No. 11/2023 s. 17.

        (d)     he or she has breached any requirement of a provision of this Act or the regulations made under this Part including any binding determination that applies to that provision;

S. 221ZZZG (1)(da) inserted by No. 46/2018 s. 61.

        (da)     he or she has not complied with any prescribed continuing professional development requirements;

        (e)     he or she has had his or her licence or registration or other authorisation to engage in plumbing work outside Victoria cancelled or suspended for any reason other than his or her failure to renew that licence, registration or other authorisation;

        (f)     he or she has been guilty of, or was a party to, any negligence or incompetence in connection with the carrying out of any plumbing work;

        (g)     he or she has carried out, or was a party to, the carrying out of plumbing work otherwise than in a good and workmanlike manner;

        (h)     he or she directed or permitted the carrying out of plumbing work otherwise than in a good and workmanlike manner;

              (i)     he or she has been guilty of any fraudulent conduct in regard to the carrying out of any plumbing work;

        (j)     he or she, in the course of carrying out any plumbing work

              (i)     used materials that he or she knew, or reasonably ought to have known, were defective; or

              (ii)     was a party to the carrying out of any plumbing work using materials that he or she knew, or reasonably ought to have known, were defective;

        (k)     he or she has failed to comply with a reasonable direction of an insurer in respect of the completion or rectification of defective plumbing work or any payment to be made to the insurer in respect of the completion or rectification of defective plumbing work in accordance with required insurance.

S. 221ZZZH inserted by No. 39/1996 s. 5.