179Grounds for disciplinary action

179 Grounds for disciplinary action

(1) Each of the following is a ground for which disciplinary action may be taken against a registered building practitioner—

(a) the practitioner has contravened—

S. 179(1)(a)(i) substituted by No. 11/2023 s. 11.

(i) a provision of this Act or the regulations including any binding determination that applies to that provision; or

S. 179(1)(a)(iii) amended by No. 26/2019 s. 127(a).

(iii) a prescribed Act or law or a prescribed provision of a prescribed Act or law; or

S. 179(1)(a)(iv) inserted by No. 26/2019 s. 127(b).

(iv) the Professional Engineers Registration Act 2019 or the regulations under that Act;

(b) the practitioner has engaged in unprofessional conduct or has failed to comply with a code of conduct;

(c) the practitioner has failed to comply with an order or direction (other than an oral direction to fix building work under Division 2 of Part 4) given to the practitioner—

(i) by the relevant building surveyor under this Act; or

(ii) an authorised person under Division 2 of Part 4;

S. 179(1)(ca) inserted by No. 46/2018 s. 46(1).

(ca) the practitioner has failed to comply with a Ministerial direction under section 188AA;

(d) the practitioner has failed to comply with a determination or direction of the Authority or VCAT under this Act or the Domestic Building Contracts Act 1995;

S. 179(1)(da) inserted by No. 15/2016 s. 63(1).

(da) the practitioner has failed to comply with a dispute resolution order under the Domestic Building Contracts Act 1995; or

S. 179(1)(db) inserted by No. 46/2018 s. 46(2).

(db) the practitioner has been issued with a breach of dispute resolution order notice under section 49U(5) of the Domestic Building Contracts Act 1995 for failure to comply with a dispute resolution order under that Act and the chief dispute resolution officer has given written notice to the Authority accordingly;

(e) the practitioner has failed to comply with a reasonable direction of an insurer in relation to—

(i) the completion or rectification of defective building work; or

(ii) any payment to be made to the insurer in relation to the rectification or completion of defective building work in accordance with the required insurance;

(f) the practitioner has engaged in conduct in relation to the practitioner's practice as a building practitioner that is—

(i) constituted by a pattern of incompetence; or