sec.211Orders relating to current building certifier

### sec.211 Orders relating to current building certifier If the tribunal decides that proper grounds exist for taking disciplinary action against a building certifier who is licensed at the time of the decision, the tribunal may make 1 or more of the orders mentioned in subsections (2) to (7) . The tribunal may make an order— reprimanding the building certifier; or imposing conditions it considers appropriate on the building certifier’s licence; or directing the building certifier to complete the educational courses stated in the order; or directing 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 in the order; or suspending the building certifier’s licence for the term the tribunal considers appropriate; or cancelling the building certifier’s licence; or disqualifying, indefinitely or for a stated period, the building certifier from obtaining a licence as a building certifier from QBCC. The tribunal may make an order requiring the building certifier— to ensure the certification of building work complies with, for example— this or another Act; or any relevant development approval; or a local planning instrument; or to direct necessary enforcement action be taken under this or another Act, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building works or owner of the building. The tribunal may, in relation to building work that is defective or incomplete as a result of the professional misconduct, make an order that the building certifier— at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or pay the complainant or another person an amount sufficient to rectify or complete the work. The tribunal may make an order imposing a penalty on the building certifier of not more than— for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units. If a corporation or local government employed the building certifier to perform building certification work and the corporation or local government did not take all reasonable steps to ensure the building certifier did not engage in professional misconduct, the tribunal may— make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or make an order imposing a penalty on the corporation of not more than— for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units. The tribunal may make any other order it considers appropriate. If the tribunal makes an order under subsection (5) or (6) (b) , the tribunal must order that the amount be paid to the person bringing the disciplinary proceedings. The tribunal may make an order under subsection (6) or, if the order affects the corporation or local government, under subsection (7) , only if the corporation or local government has been joined as a party to the proceeding. s 211 ins 1998 No. 13 s 19 sub 2002 No. 77 s 188 (amd 2003 No. 30 s 169 sch 1 ) amd 2005 No. 14 s 2 sch ; 2009 No. 24 s 1281 ; 2013 No. 38 s 14 sch 1 (sec.211-ssec.1) If the tribunal decides that proper grounds exist for taking disciplinary action against a building certifier who is licensed at the time of the decision, the tribunal may make 1 or more of the orders mentioned in subsections (2) to (7) . (sec.211-ssec.2) The tribunal may make an order— reprimanding the building certifier; or imposing conditions it considers appropriate on the building certifier’s licence; or directing the building certifier to complete the educational courses stated in the order; or directing 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 in the order; or suspending the building certifier’s licence for the term the tribunal considers appropriate; or cancelling the building certifier’s licence; or disqualifying, indefinitely or for a stated period, the building certifier from obtaining a licence as a building certifier from QBCC. (sec.211-ssec.3) The tribunal may make an order requiring the building certifier— to ensure the certification of building work complies with, for example— this or another Act; or any relevant development approval; or a local planning instrument; or to direct necessary enforcement action be taken under this or another Act, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building works or owner of the building. (sec.211-ssec.4) The tribunal may, in relation to building work that is defective or incomplete as a result of the professional misconduct, make an order that the building certifier— at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or pay the complainant or another person an amount sufficient to rectify or complete the work. (sec.211-ssec.5) The tribunal may make an order imposing a penalty on the building certifier of not more than— for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units. (sec.211-ssec.6) If a corporation or local government employed the building certifier to perform building certification work and the corporation or local government did not take all reasonable steps to ensure the building certifier did not engage in professional misconduct, the tribunal may— make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or make an order imposing a penalty on the corporation of not more than— for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units. (sec.211-ssec.7) The tribunal may make any other order it considers appropriate. (sec.211-ssec.8) If the tribunal makes an order under subsection (5) or (6) (b) , the tribunal must order that the amount be paid to the person bringing the disciplinary proceedings. (sec.211-ssec.9) The tribunal may make an order under subsection (6) or, if the order affects the corporation or local government, under subsection (7) , only if the corporation or local government has been joined as a party to the proceeding. - (a) reprimanding the building certifier; or - (b) imposing conditions it considers appropriate on the building certifier’s licence; or - (c) directing the building certifier to complete the educational courses stated in the order; or - (d) directing 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 in the order; or - (e) suspending the building certifier’s licence for the term the tribunal considers appropriate; or - (f) cancelling the building certifier’s licence; or - (g) disqualifying, indefinitely or for a stated period, the building certifier from obtaining a licence as a building certifier from QBCC. - (a) to ensure the certification of building work complies with, for example— (i) this or another Act; or (ii) any relevant development approval; or (iii) a local planning instrument; or - (i) this or another Act; or - (ii) any relevant development approval; or - (iii) a local planning instrument; or - (b) to direct necessary enforcement action be taken under this or another Act, for example, by requiring the building certifier to issue an enforcement notice to the builder of the building works or owner of the building. - (i) this or another Act; or - (ii) any relevant development approval; or - (iii) a local planning instrument; or - (a) at the building certifier’s cost, have the work rectified or completed by a person who is appropriately licensed; or - (b) pay the complainant or another person an amount sufficient to rectify or complete the work. - (a) for a first finding of professional misconduct—an amount equivalent to 80 penalty units; or - (b) for a second finding of professional misconduct—an amount equivalent to 120 penalty units; or - (c) for a subsequent finding of professional misconduct—an amount equivalent to 160 penalty units. - (a) make an order under subsection (3) or (4) as if the corporation or local government were the building certifier; or - (b) make an order imposing a penalty on the corporation of not more than— (i) for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or (ii) for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or (iii) for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units. - (i) for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or - (ii) for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or - (iii) for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units. - (i) for a first time that the corporation did not take all reasonable steps—an amount equivalent to 80 penalty units; or - (ii) for a second time that the corporation did not take all reasonable steps—an amount equivalent to 120 penalty units; or - (iii) for a subsequent time that the corporation did not take all reasonable steps—an amount equivalent to 160 penalty units.