36AImmediate suspension of registration

36A Immediate suspension of registration

(1) The following are the grounds on which the Board may immediately suspend the registration of an architect before an inquiry is held under Division 2 concerning the architect—

(a) the architect has contravened a prescribed provision of this Act or the regulations;

(b) the architect has failed to comply with a condition of, or limitation on, the architect's registration;

S. 36A(1)(c) amended by No. 43/2024 s. 55.

(c) the architect has ceased to be a fit and proper person having regard to the probity matters set out in section 10A;

(d) the architect has been convicted of an indictable offence involving fraud, dishonesty, drug trafficking or violence;

(e) the architect has been the subject of multiple adverse disciplinary actions by the Board or the Tribunal;

(f) if the architect is required under this Act to be covered by the required insurance—

(i) the architect has not provided the required proof of insurance under section 15A; or

(ii) the Board is satisfied that the architect is not covered by the required insurance;

(g) if an architect is required under this Act to comply with any continuing professional development requirements—

(i) the architect has not provided the required proof of such compliance under section 15B; or

(ii) the Board is satisfied that the person has not completed the relevant continuing professional development requirements.

(2) The Board may, by written notice given to an architect, immediately suspend the registration of the architect if—

(a) the Board reasonably believes that a ground for immediate suspension under subsection (1)(a), (b) or (c) exists in relation to the architect; or

(b) a ground for immediate suspension exists under subsection (1)(d), (e), (f) or (g) in relation to the architect.

(3) The Board may suspend a registration under subsection (2) either wholly or as a partial suspension in relation to a specified matter.

(4) The notice must state the following—

(a) the decision;

(b) the ground or grounds under subsection (1) for the decision;

(c) the period of the suspension;

(d) that the architect may apply to VCAT under Part 5 for review of the decision.

(5) The Board must provide written reasons for the immediate suspension within 5 business days after giving the notice to the architect.

(6) A suspension under subsection (2)—

(a) takes effect when the notice is given to the architect; and