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Construction Occupations (Licensing) Act 2004
107ARegister—public information
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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.