56Show cause process for registered professional engineers

56 Show cause process for registered professional engineers

(1) The Director may, by notice in writing, require a registered professional engineer to show cause why the engineer should continue to be registered.

(2) The Director may issue a notice under subsection (1) if the Director is of the opinion that—

(a) there are reasonable grounds to believe that a ground for disciplinary action against the registered professional engineer exists; and

(b) if the ground for disciplinary action against the registered professional engineer exists, cancellation of the registered professional engineer's registration would be appropriate in the circumstances.

(3) A notice under subsection (1) (a show cause notice) must—

(a) be served personally on the registered professional engineer; and

(b) state that the Director proposes to make an application to VCAT for an order cancelling the registered professional engineer's registration; and

(c) specify the ground for the proposed application; and

(d) contain an outline of the facts and circumstances forming the basis for the ground for the proposed application; and

(e) state the time period within which the registered professional engineer may respond to the notice, that time period being not less than 21 days from the date of service of the notice (the show cause period); and

(f) state what steps need to be taken by the registered professional engineer to respond to the notice; and

(g) state the consequences for the registered professional engineer of not responding to the notice.

(4) Despite subsection (3)(a), if, on the application of the Director, it appears to VCAT that service cannot be promptly effected on a registered professional engineer, VCAT may order that the notice be served—

(a) by sending it by post, facsimile or other electronic transmission to the registered professional engineer at the engineer's usual or last known residential or business address; or

(b) by leaving it at the registered professional engineer's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.