52ASuspension of licence—public safety

52A Suspension of licence—public safety (1) This section applies if a licensed construction practitioner engages in conduct that the registrar decides, on reasonable grounds, 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. A licensed builder has built 7 of 11 proposed dual-occupancy residences. An inspection of 1 of the residences reveals that no fire wall has been built between the 2 occupancies, inconsistent with the building approval. The registrar decides to suspend the builder’s licence to inspect the other built residences and prevent other residences being built without a fire wall.

Automatic licence suspension Division 5.1 (2) The licensed construction practitioner’s licence is suspended when the registrar gives the practitioner notice— (a) of the nature of the conduct; and (b) of the nature of the risk; and (c) that the practitioner may apply in writing to the registrar to revoke the suspension. (3) However, during the suspension the registrar may allow the licensed construction practitioner to undertake construction work, within the scope of the licensee’s licence, necessary to comply with a rectification order. (4) The registrar may give the notice orally, in writing or in electronic form. (5) However, if the registrar gives the notice orally, the registrar must give the notice in writing or in electronic form within 2 days after giving the notice orally.