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Construction Occupations (Licensing) Act 2004
57Considerations before making occupational discipline
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57 Considerations before making occupational discipline
orders
(1) This section applies if the ACAT is considering an application for an
occupational discipline order in relation to a person mentioned in
section 56 (1) (a).
(2) Without limiting the matters the ACAT must consider in relation to
the person, the ACAT must consider the following:
(a) the degree of responsibility of the person for the act or omission
that made up the ground for occupational discipline;
(b) the number of people detrimentally affected by the doing of
something, or not doing something, that made up the ground for
occupational discipline;
(c) the extent to which it is necessary to discourage the person and
others from doing something, or not doing something, that made
up the ground for occupational discipline;
(d) whether, and the extent to which, it is necessary to protect the
public from the person;
(e) the desirability of making the person responsible for the
consequences of the person’s acts or omissions;
(f) the desirability of maintaining public confidence in the
regulatory system set up by this Act;
(g) the person’s regard, or disregard, for public safety and
protection of the environment when doing something, or not
doing something, that made up the ground for occupational
discipline;
(h) if the person has completed an assessment mentioned in
section 55A (Skill assessment of licensees)—the results of the
assessment;
(i) any action taken by the registrar under section 56.
Note The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out
other considerations that must be taken into account by the ACAT.