43Decision after investigation of complaint

#### 43 Decision after investigation of complaint 43 Decision after investigation of complaint > > (1) After the Board has completed an investigation into a complaint against an architect, the complaint is to be dealt with in accordance with this section. > > > (2) The Board may apply to the Tribunal for a disciplinary finding against an architect under Division 3 if it is satisfied that the architect is guilty of unsatisfactory professional conduct or it may instead exercise the functions conferred on it by subsection (4). > > > (3) However, the Board must apply to the Tribunal for a disciplinary finding against an architect under Division 3 if it is satisfied that the architect is guilty of professional misconduct. > > > (4) If the Board is satisfied that the architect is guilty of unsatisfactory professional conduct (but not professional misconduct), the Board may take any one or more of the following actions— > > > > > (a) caution or reprimand the architect, > > > > > (b) order the withholding or refunding of part or all of the payment for the architectural services that are the subject of the complaint, > > > > > (c) direct that such conditions relating to the architect’s practice of architecture as it considers appropriate be imposed on the architect’s registration, > > > > > (d) order that the person complete any educational course or courses specified by the Board, > > > > > (e) order that the person report on his or her architectural practice at specified times, in a specified manner and to specified persons, > > > > > (f) order that the person seek and take advice, in relation to the management of his or her architectural practice, from a specified person or persons, > > > > > (g) order the architect to pay a fine of an amount not exceeding 15 penalty units. > > > (5) Action is not to be taken under subsection (4) unless the Board— > > > > > (a) has caused notice of the proposed action to be given to the architect, and > > > > > (b) has given the architect at least 28 days within which to make written submissions to the Board in relation to the proposed action, and > > > > > (c) has taken any such submissions into consideration. > > > (6) The Board is to dismiss the complaint against the architect if it is satisfied that the architect is not guilty of either unsatisfactory professional conduct or professional misconduct. > > > (7) The Board may decline to deal with a complaint if the complainant fails to provide further particulars (including documents and other information) required by the Board. > > > (8) The Board is to notify the architect of any action taken by the Board under this section.