Discipline

The VBA disciplinary process – known as the show cause process – is designed to improve consumer protection from building malpractice.

When a complaint is made regarding the conduct of a building practitioner and/or aspect(s) of work undertaken by them, the VBA will undertake an initial investigation to determine if there may be grounds under the Building Act 1993 (the Act) for disciplinary action.

The Act enables the VBA to immediately suspend a practitioner's registration if there is a reasonable belief that a prescribed ground for immediate suspension exists under the Act. A practitioner's registration can be suspended either wholly or partially.

Show cause process

The Building Act 1993 (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.

The VBA must issue a show cause notice under section 182 of the Act setting out, among other things, the circumstances giving rise to the notice and the proposed disciplinary action to be taken in respect to the practitioner's building practitioner registration.

The VBA must afford a practitioner the opportunity to provide a written or oral representation to the VBA in response to a show cause notice.

After considering any representations received, the VBA must determine whether or not grounds to take disciplinary action still exist and whether to take the proposed disciplinary action set out in the show cause notice.

Resources

Changes to practitioner disciplinary process fact sheet
Changes to practitioner disciplinary action fact sheet
Show cause process practitioner guide
Show cause frequently asked questions
Practitioner representation request form
Practitioner representation extension of time request form
Practitioner representation rescheduling request form

Immediate suspension of registration

The VBA has the power to immediately suspend a registered building practitioner if there is a reasonable belief that a prescribed ground for immediate suspension exists under the Building Act 1993 (the Act). A practitioner's registration can be suspended either wholly or partially.

A decision to immediately suspend a practitioner is part of a show cause process. The VBA will provide the practitioner with a show cause notice setting out the basis and reasons for the immediate suspension without delay after the suspension notice is given to the practitioner.

The show cause process will be followed in relation to the immediate suspension of registration decision as per the process followed in relation to the taking of disciplinary action as set out in the Act.

Resources

Changes to practitioner disciplinary process fact sheet
Changes to practitioner disciplinary action fact sheet
Immediate suspension of registration practitioner guide
Immediate suspension of registration frequently asked questions
Show cause frequently asked questions
Practitioner revocation of suspension request form