sec.204Decision after investigation or audit completed

### sec.204 Decision after investigation or audit completed After investigating a complaint or conducting an audit, QBCC must decide whether or not the building certifier has engaged in unsatisfactory conduct or professional misconduct. QBCC must give the building certifier and the complainant (if any) an information notice about the decision taken under subsection (1) . For reviews of the decision, see the QBCC Act , part 7 , division 3 . If QBCC is aware that the building certifier is employed or has been appointed by someone else to perform building or private certifying functions, it must give the employer or appointor a copy of the notice. If QBCC decides the building certifier has engaged in unsatisfactory conduct, QBCC must decide to do 1 or more of the following— reprimand the building certifier; impose the conditions it considers appropriate on the building certifier’s licence; direct the building certifier to complete to the satisfaction of QBCC the educational courses stated by QBCC; direct the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated by QBCC; require the building certifier to take all necessary steps to ensure the certification of building work— complies with this Act; or for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development; direct the building certifier to take necessary enforcement action under this or another Act, including, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building work or owner of the building; if QBCC is satisfied the building certifier is generally competent and diligent—advise the building certifier it does not intend to take any further action. QBCC must— give an information notice about its decision under subsection (4) to the building certifier; and For reviews of the decision, see the QBCC Act , part 7 , division 3 . if the decision is made after investigating a complaint—give the complainant a copy of the notice. If QBCC decides the building certifier has engaged in professional misconduct, QBCC must apply to the tribunal to start a disciplinary proceeding against the building certifier. Subsection (4) does not prevent QBCC taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct that may result in a disciplinary proceeding against the building certifier. Subsections (4) and (6) do not prevent QBCC from starting a proceeding to prosecute the building certifier for an offence against this Act. In this section— accepted development means development categorised under a local planning instrument as accepted development for the Planning Act . s 204 ins 1998 No. 13 s 19 sub 2002 No. 77 s 187 (amd 2003 No. 30 s 169 sch 1 ) (amd 2003 No. 64 s 137 ) amd 2005 No. 14 s 2 sch ; 2006 No. 36 s 47 ; 2009 No. 24 s 1274 ; 2009 No. 36 s 872 sch 2 ; 2013 No. 38 s 14 sch 1 ; 2014 No. 56 s 68 sch 1 ; 2016 No. 27 s 91 (sec.204-ssec.1) After investigating a complaint or conducting an audit, QBCC must decide whether or not the building certifier has engaged in unsatisfactory conduct or professional misconduct. (sec.204-ssec.2) QBCC must give the building certifier and the complainant (if any) an information notice about the decision taken under subsection (1) . For reviews of the decision, see the QBCC Act , part 7 , division 3 . (sec.204-ssec.3) If QBCC is aware that the building certifier is employed or has been appointed by someone else to perform building or private certifying functions, it must give the employer or appointor a copy of the notice. (sec.204-ssec.4) If QBCC decides the building certifier has engaged in unsatisfactory conduct, QBCC must decide to do 1 or more of the following— reprimand the building certifier; impose the conditions it considers appropriate on the building certifier’s licence; direct the building certifier to complete to the satisfaction of QBCC the educational courses stated by QBCC; direct the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated by QBCC; require the building certifier to take all necessary steps to ensure the certification of building work— complies with this Act; or for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development; direct the building certifier to take necessary enforcement action under this or another Act, including, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building work or owner of the building; if QBCC is satisfied the building certifier is generally competent and diligent—advise the building certifier it does not intend to take any further action. (sec.204-ssec.5) QBCC must— give an information notice about its decision under subsection (4) to the building certifier; and For reviews of the decision, see the QBCC Act , part 7 , division 3 . if the decision is made after investigating a complaint—give the complainant a copy of the notice. (sec.204-ssec.6) If QBCC decides the building certifier has engaged in professional misconduct, QBCC must apply to the tribunal to start a disciplinary proceeding against the building certifier. (sec.204-ssec.7) Subsection (4) does not prevent QBCC taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct that may result in a disciplinary proceeding against the building certifier. (sec.204-ssec.8) Subsections (4) and (6) do not prevent QBCC from starting a proceeding to prosecute the building certifier for an offence against this Act. (sec.204-ssec.9) In this section— accepted development means development categorised under a local planning instrument as accepted development for the Planning Act . - (a) reprimand the building certifier; - (b) impose the conditions it considers appropriate on the building certifier’s licence; - (c) direct the building certifier to complete to the satisfaction of QBCC the educational courses stated by QBCC; - (d) direct the building certifier to report on his or her practice as a building certifier at the times, in the way and to the persons stated by QBCC; - (e) require the building certifier to take all necessary steps to ensure the certification of building work— (i) complies with this Act; or (ii) for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or (iii) for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development; - (i) complies with this Act; or - (ii) for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or - (iii) for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development; - (f) direct the building certifier to take necessary enforcement action under this or another Act, including, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building work or owner of the building; - (g) if QBCC is satisfied the building certifier is generally competent and diligent—advise the building certifier it does not intend to take any further action. - (i) complies with this Act; or - (ii) for other assessable development related to the building work—is not inconsistent with all other necessary development approvals that apply to the work; or - (iii) for accepted development that may affect the position, height or form of building work—is not inconsistent with the requirements for the self-assessable development; - (a) give an information notice about its decision under subsection (4) to the building certifier; and Note— For reviews of the decision, see the QBCC Act , part 7 , division 3 . - (b) if the decision is made after investigating a complaint—give the complainant a copy of the notice.