107ARegister—public information

107A Register—public information (1) The registrar must publish a register of public information (the public register) at least once a week on a website. (2) However, the registrar must update the public register by not later than the end of the next working day after the day when— (a) a licensee’s licence is suspended or cancelled under part 5 (Automatic licence suspension and occupational discipline); or (b) the chief police officer gives the registrar a cancellation order under part 5A (Licence cancellation for criminal activity); or (c) if a licensee’s licence is suspended under section 97 (Licence suspension) or cancelled under section 98 (Licence disqualification) as a consequence of incurring demerit points— the licensee has exhausted review rights; or (d) a licensee’s suspension or cancellation is lifted, overturned or expires; or (e) the registrar receives a direction from ACAT or a court about recording or removing information from the register. (3) For subsection (2) (c), a licensee has exhausted review rights— (a) if the licensee has not applied for review of the relevant decision within the period allowed under the ACT Civil and Administrative Tribunal Act 2008—when the period ends; or (b) if the licensee has applied for review of the decision within the period mentioned in paragraph (a), when the ACAT— (i) completes the review; or (ii) sets aside the decision. (4) The public register must include— (a) the name of each licensee and— (i) if the licensee is a partnership—the name of each partner in the partnership and, if the partnership has an ACN, the ACN; or (ii) if the licensee is a corporation— (A) the corporation’s ACN; and (B) the name and licence number of each nominee for the licensee, the licensee’s licence number and the construction occupation or occupation class for which the nominee is nominated; and (b) anything else prescribed by regulation. (5) In relation to each licence held by the licensee, the public register must include the following: (a) the construction occupation or occupation class of the licence; (b) the expiry date of the licence; (c) any condition on the licence; Note For licence conditions—see s 21, s 21A and s 56. (d) any endorsement on the licence; Note For licence endorsements—see s 22. (e) any information that must be included under section 110 (Recording interim licence suspension). (6) The public register must also include the following information in relation to licensees that have been licensed in the period beginning on the day 10 years before the registrar most recently updates the register, unless the information is no longer available: (a) details of any suspension under division 5.1 (Automatic licence suspension), including the start date of suspension, the end date of suspension and the reason for suspension; (b) details of any cancellation under division 5.1, including the date of the cancellation and the reason for the cancellation; (c) details of any disciplinary action taken by the registrar under section 56 (1) (Occupational discipline) including— (i) the kind of action; and (ii) the start date of the action; and (iii) the end date of the action; and (iv) the reason for the action (unless the ACAT orders otherwise); and (v) any other information required to be recorded on the register by the ACAT; and (vi) whether the period in which the licensee can apply to the ACAT for review of the action has expired; and (vii) whether the action is under review by the ACAT; (d) if the ACAT has made a cancellation order under part 5A (Licence cancellation for criminal activity) in relation to the licensee—a statement that the cancellation order has been made in relation to the licensee; (e) details of any occupational discipline order by made by the ACAT under section 58 (Occupational discipline orders— licensees) including— (i) the start date of the order; and (ii) the end date of the order; and (iii) the nature and effect of the order; and (iv) the reason for the order (unless the ACAT orders otherwise); and (v) any other information required to be recorded on the register by the ACAT; (f) if the licensee of the licence has been subject to any other form of occupational discipline— (i) the kind of occupational discipline; and Examples—other kinds of occupational discipline 1 suspension of licence (see s 97) 2 disqualification of licensee (see s 98) (ii) any applicable start and end dates; and (iii) the reason for the occupational discipline (unless the ACAT orders otherwise); and (iv) any other information required to be recorded on the register by the ACAT; (g) details of any action the registrar has taken under section 95 (2) (c) (Consequences of incurring demerit points— licensees); (h) details of any licence suspension under section 97 (Licence suspension); (i) details of any licence disqualification under section 98 (Licence disqualification); (j) details of previous suspensions and cancellations, occupational discipline, and disciplinary action in the previous 10 years, whether in effect or not, unless the details have been removed from the register under section 111 (Removal of information from register); (k) details of rectification orders recorded in the register under section 108 (Recording rectification orders); (l) details of any contravention of a rectification order recorded in the register under section 109 (Recording contravention of rectification orders). (7) For subsection (6) (g), (h), (i), (k) and (l), the details mentioned must not be included in the public register— (a) unless the licensee has not applied for review of the relevant decision within the period allowed under the ACT Civil and Administrative Tribunal Act 2008; or (b) if the licensee has applied for review of the decision, before the ACAT— (i) completes the review; or (ii) sets aside the decision. (8) The public register— (a) must also include details about any order by the ACAT or a court in relation to a rectification undertaking given by a licensee that has been licensed in the period beginning on the day 10 years before the registrar most recently updates the register, and accepted by the registrar; and (b) may include any other details about the rectification undertaking if the registrar believes on reasonable grounds that it is necessary or desirable to protect the public. (9) Information about a rectification undertaking included on the public register under subsection (8) (b) must be removed from the register if— (a) the undertaking has ended and the registrar no longer believes on reasonable grounds that its inclusion is necessary or desirable to protect the public; or (b) the registrar receives a direction from the ACAT or a court, on application by the licensee who gave, or a person affected by, the undertaking, to remove the information.