Part 4Discipline of building work contractors, supervisors and building consultants

Part 4—Discipline of building work contractors, supervisors and building consultants 20—Interpretation of Part In this Part— building work contractor includes— (a) a former building work contractor; and (b) a person licensed as a building work contractor, whether or not carrying on business as a building work contractor; and (c) a person formerly licensed as a building work contractor under this Act or as a builder under the repealed Act; building consultant means a person (other than a registered architect) who carries on the business of giving advice or furnishing reports in respect of domestic building work (whether being work already performed, work in progress or work that may be required in the future), and includes a former building consultant; building work supervisor includes— (a) a former building work supervisor; and (b) a person registered as a building work supervisor whether or not acting as a building work supervisor; and (c) a person formerly registered as a building work supervisor under this Act or the repealed Act; director of a body corporate includes a former director of a body corporate. 21—Cause for disciplinary action (1) There is proper cause for disciplinary action against a building work contractor if— (a) licensing of the contractor was improperly obtained; or (b) the contractor has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or (c) the contractor or another person has acted contrary to this Act or otherwise unlawfully, or improperly, negligently or unfairly, in the course of conducting, or being employed or otherwise engaged in, the business of the contractor; or (d) the contractor has failed to comply with an order made by a court under Part 5; or (e) events have occurred such that the contractor would not be entitled to be licensed as a building work contractor if the contractor were to apply for a licence. (2) There is proper cause for disciplinary action against a building work supervisor if— (a) registration of the supervisor was improperly obtained; or (b) the supervisor has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building work supervisor. (3) There is proper cause for disciplinary action against a building consultant if— (a) the consultant has acted contrary to an assurance accepted by the Commissioner under the Fair Trading Act 1987; or (b) the consultant has acted unlawfully, improperly, negligently or unfairly in the course of acting as a building consultant. (4) Disciplinary action may be taken against each director of a body corporate that is a building work contractor or building consultant if there is proper cause for disciplinary action against the body corporate. (5) Disciplinary action may not be taken against a person in relation to the act or default of another if that person could not reasonably be expected to have prevented the act or default. (6) This section applies in relation to conduct occurring before or after the commencement of this section. 22—Complaints The Commissioner or any other person may lodge with the Tribunal a complaint setting out matters that are alleged to constitute grounds for disciplinary action under this Part. 23—Hearing by Tribunal (1) On the lodging of a complaint, the Tribunal may conduct a hearing for the purpose of determining whether the matters alleged in the complaint constitute grounds for disciplinary action under this Part. (2) Without limiting the usual powers of the Tribunal, the Tribunal may during the hearing— (a) allow an adjournment to enable the Commissioner to investigate or further investigate matters to which the complaint relates; and (b) allow the modification of the complaint or additional allegations to be included in the complaint subject to any conditions as to adjournment and notice to parties and other conditions that the Tribunal may think fit to impose. 24—Participation of assessors in disciplinary proceedings (1) For the purposes of section 22 of the South Australian Civil and Administrative Tribunal Act 2013, there will be a panel of assessors consisting of— (a) persons representative of building work contractors; and (b) persons representative of members of the public who deal with building work contractors, who have expertise that would be of value to the Tribunal in relation to proceedings before the Tribunal under this Part. (2) In any proceedings under this Part, the Tribunal will, if the President so determines, sit with 1 or more assessors from the panel. (3) In this section— President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013. 25—Disciplinary action (1) On the hearing of a complaint, the Tribunal may, if it is satisfied on the balance of probabilities that there is proper cause for taking disciplinary action against the person to whom the complaint relates, by an order or orders do one or more of the following: (a) reprimand the person; (b) impose a fine not exceeding $50 000 on the person; (c) in the case of a person who is licensed as a building work contractor or registered as a building work supervisor— (i) impose conditions or further conditions on the licence or registration; (ii) suspend the licence or registration for a specified period or until the fulfilment of stipulated conditions or until further order; (iii) cancel the licence or registration; (d) disqualify the person from being licensed or registered under this Act; (e) prohibit the person from being employed or otherwise engaged in the business of a building work contractor; (f) prohibit the person from being a director of a body corporate that is a building work contractor; (g) prohibit the person from carrying on business as a building consultant; (h) prohibit the person from being employed or otherwise engaged in the business of a building consultant; (i) prohibit the person from being a director of a body corporate that is a building consultant. (2) The Tribunal may— (a) stipulate that a disqualification or prohibition is to apply— (i) permanently; or (ii) for a specified period; or (iii) until the fulfilment of stipulated conditions; or (iv) until further order; (b) stipulate that an order relating to a person is to have effect at a specified future time. (3) If— (a) a person has been found guilty of an offence; and (b) the circumstances of the offence form, in whole or in part, the subject matter of the complaint, the person is not liable to a fine under this section in respect of conduct giving rise to the offence. 26—Contravention of orders If a person— (a) is employed or otherwise engages in the business of a building work contractor or building consultant; or (b) becomes a director of a body corporate that is a building work contractor or building consultant; or (c) carries on business as a building consultant, in contravention of an order of the Tribunal, that person and the building work contractor or building consultant are each guilty of an offence. (a) in the case of an offence committed by a natural person—$100 000 or imprisonment for 6 months;