122No further action

122 No further action (1) The registrar must not take further action on a complaint if satisfied (a) the complaint lacks substance; or (b) the complaint is frivolous, vexatious or was not made in good faith; or (c) the complaint has been adequately dealt with. Note The registrar may also take no further action on a complaint if the complainant has not complied with a requirement made under s 120 (1) (see s 120 (3)). (2) To remove any doubt, this section also applies to a complaint that is a notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work). 123 Action after investigating complaint (1) After investigating a complaint against a licensee or former licensee, the registrar must— (a) if satisfied that a ground for occupational discipline exists in relation to the complaint— (i) do both of the following: (A) apply to the ACAT for an occupational discipline order in relation to the licensee; (B) tell the complainant in writing that the application has been made; or (ii) take the following disciplinary action: (A) reprimand the licensee or former licensee; (B) require the licensee, or, if the licensee is a corporation or partnership, a nominee of the licensee, to complete a stated course of training to the satisfaction of the registrar or another stated person; (C) impose a condition on the licence, or amend an existing condition; or (b) if not satisfied that a ground for occupational discipline exists in relation to the complaint— (i) tell the complainant in writing that the registrar will take no further action on the complaint; and (ii) take no further action on the complaint; or (c) if satisfied that the subject of the complaint is a residential building dispute—refer the complaint to the residential building dispute administrator; or (d) if the complaint was a notice given under the Building Act 2004, section 50 (Notification by certifier of contraventions of building and development approvals—building work) and the registrar is satisfied it should be referred to the territory planning authority—refer the complaint to the territory planning authority. (2) Subsection (1) (b) (ii) does not prevent the registrar from taking further action in relation to a complaint if the registrar becomes satisfied that a ground for occupational discipline exists in relation to the complaint. (3) The registrar refers the complaint to an entity mentioned in subsection (1) (c) or (d) by giving the entity— (a) a copy of the complaint or summary of the information provided in the complaint; and (b) any information relating to the complaint that the registrar considers may be helpful to the entity; and (c) a statement about why the registrar considers that the entity is more appropriate to deal with the complaint than the registrar. Note The registrar need not notify the complainant under subsection (1) if the complainant has withdrawn the complaint (see s 119). residential building dispute—see the Building Act 2004, section 127B. residential building dispute administrator means the Residential Building Dispute Administrator appointed under the Building Act 2004, section 127F. 123AA Definitions—pt 11AA law of another jurisdiction means a law of the Commonwealth or a State. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). non-territory agency means an agency of the Commonwealth or a State that exercises functions analogous to those exercised by a public safety agency. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). public safety agency means any of the following: (a) the registrar; (b) the director-general responsible for this Act or an operational Act; (c) an inspector appointed under an operational Act; (d) the director-general responsible for the Emergencies Act 2004; (e) the commissioner and chief officers appointed under the Emergencies Act 2004; (f) an inspector appointed under the Emergencies Act 2004; (g) the chief health officer appointed under the Public Health Act 1997; (h) a public health officer appointed under the Public Health Act 1997; (i) the registrar under the Professional Engineers Act 2023; (j) the director-general responsible for the Work Health and Safety Information sharing Part 11AA (k) the commissioner appointed under the Work Health and Safety (l) an inspector appointed under the Work Health and Safety (m) an agency prescribed by regulation. public safety information means information in relation to a situation that presents or is likely to present a risk of death or injury to a person, significant harm to the environment or significant damage to property, that is disclosed to, or obtained by, a public safety agency because the agency is, or has been, a public safety agency. 123AB Sharing public safety information—territory agencies (1) A public safety agency may— (a) give public safety information to another public safety agency (the receiving agency); and (b) impose conditions on how the receiving agency uses, stores or shares the information. (2) A public safety agency may request public safety information from another public safety agency. (3) A public safety agency that receives a request under subsection (2) may comply with the request. (4) However, a public safety agency (the giving agency) must not give public safety information to the receiving agency unless the giving agency is satisfied that the receiving agency will use the information to exercise a function given to the receiving agency under a territory law. 123ABA Sharing public safety information—non-territory agencies (1) A public safety agency may give public safety information to a non-territory agency if the public safety agency is satisfied that the information relates to— (a) a function of the non-territory agency; and (b) compliance with a law of another jurisdiction that makes provision for public safety. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) A public safety agency may impose conditions on how the non-territory agency uses, stores or shares the public safety information. (3) However, a public safety agency must not give public safety information under this section unless the public safety agency is satisfied that— (a) the non-territory agency that receives the information (the receiving agency) will use the information to exercise a function the receiving agency has under a law mentioned in subsection (1) (b); and (b) giving the information will not unreasonably compromise the exercise of a function under a territory law. Energy efficiency rating statements Part 11AB Part 11AB Energy efficiency rating statements 123AC Meaning of energy efficiency rating statement In this Act: energy efficiency rating statement means a statement prepared in accordance with section 123AD. 123AD Energy efficiency rating statement (1) This section applies if a person is required to give an energy efficiency rating statement under a territory law. • the requirement to give an energy efficiency rating statement under the Civil Law (Sale of Residential Property) Act 2003, s 23 • the requirement to give an energy efficiency rating statement under the Residential Tenancies Act 1997, s 12 (2) An energy efficiency rating statement must be prepared— (a) by a building assessor; and (b) in accordance with— (i) a code of practice (if any) in relation to the statement; or (ii) if a regulation provides for energy efficiency rating statements—the regulation. Part 11AB Energy efficiency rating statements 123AE Conflict of interest—building assessors (1) A building assessor must not prepare an energy efficiency rating statement for a building if the building assessor is— (a) for a statement under the Civil Law (Sale of Residential Property) Act 2003— (i) the seller, a family member of the seller under that Act, or the seller’s agent or lawyer; or (ii) a member of a firm that the seller under that Act, or the seller’s agent or lawyer, is a member of; or (iii) someone else carrying on a business if the seller under that Act, or the seller’s agent or lawyer or a family member of the seller, has a direct or indirect right to participate in the profits of the business; or (b) for a statement under the Residential Tenancies Act 1997— (i) the lessor, a family member of the lessor under that Act, or the lessor’s agent or lawyer; or (ii) a member of a firm that the lessor under that Act, or the lessor’s agent or lawyer, is a member of; or (iii) someone else carrying on a business if the lessor under that Act, or the lessor’s agent or lawyer or a family member of the lessor, has a direct or indirect right to participate in the profits of the business; or (c) in any case—a person who— (i) has a legal or equitable interest in the building; or (ii) has a financial interest in the building. Energy efficiency rating statements Part 11AB (2) However, a building assessor who has a conflict of interest mentioned in subsection (1) may prepare an energy efficiency rating statement if— (a) the building assessor prepares the statement for a new building; and (b) the statement is based on an energy efficiency certificate in relation to the building; and (c) the statement is consistent with the certificate; and (d) the building assessor gives— (i) the registrar a declaration of the assessor’s conflict of interest; and (ii) the seller or lessor a copy of the declaration. energy efficiency certificate—see the Building Act 2004, section 139C. family member, of a person, means— (a) the person’s domestic partner; or (b) the person’s parent or child; or (c) the person’s brother, sister, half-brother or half-sister; or (d) the parent or child of the person’s domestic partner. Part 11A Notification and review of decisions Part 11A Notification and review of decisions 123A Meaning of reviewable decision—pt 11A reviewable decision means a decision prescribed by regulation. 123B Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).