NSWIn ForceAct
Design and Building Practitioners Act 2020
64Grounds for taking disciplinary action
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#### 64 Grounds for taking disciplinary action
64 Grounds for taking disciplinary action
> The Secretary may take disciplinary action against a registered practitioner on one or more of the following grounds—
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> > (a) the practitioner has engaged in conduct in connection with the preparation of regulated designs or carrying out building work, professional engineering work or specialist work, or the provision of compliance declarations, that has fallen short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent practitioner,
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> > (b) the practitioner has contravened this Act or a regulation made under this Act, whether or not the practitioner is prosecuted or convicted for the contravention,
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> > (c) the practitioner has contravened a law of this or another Australian jurisdiction (whether or not the contravention is an offence and whether or not the practitioner is prosecuted or convicted for the contravention) with respect to any of the following—
> >
> > > (i) the preparation of regulated designs or the carrying out of building work, professional engineering work or specialist work or work authorised to be carried out under a relevant authorisation,
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> > > (ii) the provision of a compliance declaration,
> >
> > > (iii) registration or a relevant authorisation,
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> > > (iv) fraud or dishonesty,
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> > (d) the practitioner has failed to comply with a statutory or other duty, or a contractual obligation, imposed on the practitioner by or in accordance with a law of this or another Australian jurisdiction with respect to the preparation of regulated designs or the carrying out of building work, professional engineering work or specialist work or work authorised to be carried out under a relevant authorisation or the provision of a compliance declaration,
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> > (e) the practitioner has failed to comply with a condition of the registration,
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> > (f) the practitioner has wilfully disregarded matters to which the practitioner is required to have regard to when preparing regulated designs or carrying out building work, professional engineering work or specialist work or when providing a compliance declaration,
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> > (g) the practitioner has failed to comply with an undertaking given under section 88,
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> > (h) other grounds prescribed by the regulations.
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> **s 64:** Am 2021 No 23, Sch 1.6\[5\].