The VBA disciplinary process allows a practitioner to enter into an enforceable undertaking with the VBA as an alternative, or in addition, to disciplinary action which the VBA may take. The ability for the VBA to accept an enforceable undertaking from a practitioner is a remedy open to it under the general enforcement provisions in Part 13 of the Building Act 1993 (the Act).
An enforceable undertaking is a legally binding written agreement that a person voluntarily provides to another person or organisation. It sets out certain things the person agrees to do and/or refrain from doing.
Under the Act, the VBA may accept a written undertaking from a practitioner agreeing to:
- do a specified thing, or
- refrain from doing a specified thing in circumstances where the VBA believes a ground exists to take disciplinary action against them and has commenced a show cause process under the Act.
By providing an enforceable undertaking to the VBA, the practitioner acknowledges that, if they do not comply with the undertaking, legal action may be taken against them and they may also be subject to disciplinary action.