Compliance and enforcement
A key function of the Victorian Building Authority (VBA) is to supervise and monitor the conduct and ability to practise of registered building practitioners to ensure compliance with the Building Act 1993 (the Act) and associated legislation.
The VBA adopts an evidence-based approach to its compliance and enforcement activity. This approach ensures the VBA directs its resources effectively to where they are most needed and will have the most impact.
What does the Act enable the VBA to do?
The Act enables the VBA to:
- Commence a show cause process for building practitioners whom the VBA reasonably believes have contravened a ground(s) for disciplinary action as prescribed in the Act
- Immediately suspend a practitioner's registration if there is a reasonable belief that a prescribed ground for immediate suspension exists under the Act
- Suspend or cancel a practitioner's registration based on their capacity to practise when the practitioner may have a physical or mental infirmity that compromises their ability to carry out building work in a safe and competent manner.
What disciplinary action can the VBA take?
The Act also sets out what disciplinary action may be taken by the VBA in relation to a practitioner's conduct; and the VBA has the power to enforce disciplinary actions.
The Act also allows for:
- a practitioner dissatisfied with the outcomes of a show cause disciplinary process to seek review of a VBA reviewable decision via the internal review process
- the VBA to accept an enforceable undertaking from a practitioner as an alternative to disciplinary action.