On 1 September 2016, the Building Practitioner Board functions, powers and responsibilities were transferred to the Victorian Building Authority (VBA) including, the role of supervising and monitoring the conduct and ability of registered building practitioners to ensure compliance with the act and associated legislation.

With this transfer of functions and responsibility comes a new disciplinary process where the VBA may issue disciplinary action(s) (or licence suspension) against a Building Practitioner, should there be reasonable ground(s) to do so.

Show cause notice

If there are grounds for disciplinary action, the VBA must issue the relevant building practitioner with a “show cause notice” and must include the following information:

  • that the VBA proposes to take disciplinary action
  • the type of disciplinary action proposed to be taken
  • the registration in relation to which the proposed action is to be taken
  • the ground(s) for the proposed action
  • an outline of the facts and circumstances forming the basis for or the proposed action

Within 28 days of the issue of a “show cause notice” by the VBA, the practitioner may give written or verbal representation to the VBA as to why the proposed disciplinary action should not be taken. The VBA will review the building practitioner’s submission and decide whether to impose the actions directed in the initial “show cause notice” or a lessor disciplinary action(s)

Grounds for immediate licence suspension by the VBA include the practitioner:

  • being insolvent
  • being convicted of a serious offence involving fraud,
  • dishonesty, drug trafficking or violence 
  • no longer being covered by the required insurance (compulsory) 
  • not complying with the conditions of registration.
Appealing the VBA’s disciplinary action decision

Once the “show cause process” is complete and a decision is made by the VBA, a practitioner is entitled to seek an “internal review” of that decision by a senior VBA decision maker.

The reviewer may decide to:

  • confirm the original decision
  • amend the original decision
  • substitute the original decision

If the practitioner remains unsatisfied with the review they may apply directly to VCAT for a review of the decision.

Further information about disciplinary actions and processes can be found on the VBA website

www.vba.vic.gov.au/practitioners/compliance-and-enforcement