Capacity to practise
The term capacity to practise refers to a practitioner's ability to practise when their capability to do so may be affected by physical or mental infirmity.
The VBA may enquire into a practitioner's capacity to practise when it appears that the practitioner has a physical or mental infirmity that potentially compromises their ability to carry out building work in a safe and competent manner.
A decision to suspend or cancel a practitioner's registration on grounds of physical or mental infirmity can only be made following a show cause process, where we may decide to take action to suspend or cancel a practitioner's registration. Unlike disciplinary action, this process is not about whether the practitioner has done anything wrong.
A practitioner has a right to seek internal review of a decision by the VBA to suspend or cancel their registration. A practitioner may also apply to the VBA to have their suspension revoked if they believe their capacity to practise is no longer compromised due to physical or mental infirmity.
If you have been issued with a show cause notice regarding your capacity to practise, or have had your registration suspended based on your capacity to practise, you should read the Capacity to practise practitioner guide. The guide will help ensure you are fully aware of your rights, responsibilities, what to do, and where to get further information or advice.
Frequently asked questions
A show cause process regarding your capacity to practise could potentially result in the suspension (for up to three years) or cancellation of your registration, if the VBA is satisfied you are incapable of practising as a registered building practitioner.
Suspension or cancellation of your registration means you cannot practise or carry out building work as a practitioner.
You should ensure you read the show cause notice carefully and provide a response to us by the due date specified in the notice. See Show cause process for further information.
We assess all relevant information obtained about your capacity to practise. This could be our own enquiries. We may decide to suspend or cancel your registration if we are satisfied that you are incapable of practising as a registered building practitioner due to physical or mental infirmity.
A decision by the VBA to suspend or cancel your registration on grounds of physical or mental infirmity can only be made following a show cause process. This process involves us sending you a written show cause notice:
- setting out the grounds for proposing to either suspend or cancel your registration
- setting out an outline of the facts and circumstances forming the basis for the ground for proposing to suspend or cancel your registration
- inviting you to respond to us in writing or orally showing why your registration should not be suspended or cancelled.
We will consider any written or oral response provided by you before we determine whether we are satisfied that you are incapable of practising due to physical or mental infirmity.
You will be given 28 days to respond to the show cause notice. If you require more time to respond, you may request an extension of the show cause period by emailing email@example.com. We will consider your request.
You have a right to seek review of a decision we have made to suspend or cancel your registration if we determines you are incapable of practising due to physical or mental infirmity. Our notice to you setting out our decision will include details of your right to seek internal review by the VBA and/or review by the Victorian Civil and Administrative Tribunal of our decision.
See Internal review for further information.
For information about making a VCAT review application, visit www.vcat.vic.gov.au.
We may revoke the suspension of your registration at any time, if we are satisfied that you are capable of practising as a registered building practitioner. If you believe your capacity to practise is no longer compromised due to physical or mental infirmity, you may apply to us to revoke the suspension.
You can do this by submitting a Practitioner revocation of suspension request form (PDF, 90.65 KB) and supporting documentation.
You can offer to surrender your registration by confirming your intention in writing to the VBA, detailing their registration number, other contact details and reason for wanting to surrender, such as retirement or ill health. You can do this by completing and submitting a Surrender of registration application form (PDF, 154.28 KB).
For more information
You can submit an enquiry or call us on 1300 815 127.