Immediate suspension

The term ‘reasonable belief’ is not defined in the Building Act, but requires a decision maker to believe, at the time of making a decision, that the basis for the decision is reasonable and is not based on a mere belief or assertion. It will involve the decision maker objectively taking into account all known considerations.

The VBA must, by written notice given to the practitioner, immediately suspend the registration of the practitioner if it forms a reasonable belief that the practitioner has ceased to be covered by the required insurance.

We may, by written notice given to the practitioner, immediately suspend the registration of the practitioner if there is a reasonable belief that a ground for immediate suspension exists.

Immediate suspension is not a criminal matter, but a practitioner may be immediately suspended for being convicted of an indictable offence involving fraud, dishonesty, drug trafficking or violence.

Yes. A practitioner may apply for a review of a decision to immediately suspend their registration through our internal review process or by the Victorian Civil Administrative Tribunal (VCAT).

See Internal review for further information.

The prescribed grounds for immediate suspension relate to matters that pose a serious risk to the safety of individuals, the public or property, and therefore suspension must be immediate.

An immediate suspension takes effect when the notice of decision is given to a practitioner.

Yes. We will follow an immediate suspension with a show cause notice to commence disciplinary action against the practitioner’s registration.

See Show cause process for further information.

An immediate suspension continues for the period specified in the suspension notice unless it is revoked by the VBA, or is set aside on review by following internal review or review by the VCAT.