14Suspension or cancellation of accreditation or disqualification from applying for accreditation

14 Suspension or cancellation of accreditation or disqualification from applying for accreditation (1) The ESC may take an action referred to in subsection (2) in respect of an accredited person if the ESC believes on reasonable grounds that the accredited person— (a) has committed an offence against this Act; or (b) has breached an undertaking given to the ESC under section 10(2); or (c) has created certificates that do not comply with the requirements of this Act or regulations made under it; or (d) has failed to comply with the requirements of this Act or regulations made under it relating to the recording or undertaking of prescribed activities; or (e) has obtained accreditation improperly; or (f) has contravened a condition or restriction imposed under section 14B or 40A; or (g) has failed to comply with an order under section 40; or S. 14(1)(ga) inserted by No. 15/2025 s. 19. (ga) has failed to comply with an improvement notice; or S. 14(1)(gb) inserted by No. 15/2025 s. 26. (gb) has contravened section 40AC(5); or (h) has contravened the person's obligations under section 55F or 55J; or (i) has contravened a condition or restriction imposed under section 55Q; or (j) is no longer, for the purposes of accreditation— (i) a fit and proper person; or (ii) a competent and capable person. (2) The ESC, by written notice, may do any of the following in respect of the accreditation of an accredited person specified in subsection (1)— (a) suspend the person's accreditation for the period (not exceeding 12 months) specified in the notice; (b) cancel the person's accreditation; (c) cancel the person's accreditation and disqualify the person from applying for renewal of accreditation for the period (not exceeding 5 years) specified in the notice. (3) Subject to subsection (2), the ESC may specify a period of suspension or disqualification that the ESC considers to be appropriate in the circumstances. (4) The ESC must not take the action referred to in subsection (2)(c) unless the ESC is satisfied that, in the circumstances suspension or cancellation of accreditation is not adequate. S. 14A inserted by No. 59/2011 s. 25, substituted by No. 34/2022 s. 38.