The Building Professionals Act 2005 governs how the Board investigates the work and professional conduct of certifiers. It also sets out the penalties that may be imposed.
To determine the appropriate penalty, the Board considers its Disciplinary Penalty Guidelines (last updated December 2016) so that decisions are transparent, impartial, consistent and fair. One or more penalties may be imposed such as a fine, an order to complete a training course, or suspension of a certifier’s accreditation.
The Board also has power to issue a penalty infringement notice (PIN), as guided by its PINs policy and procedures.
The Act, guidelines and PINs policy ensure outcomes that protect the vast majority of certifiers – who are diligent and dedicated in their work – and help refine and improve standards of building certification over time.
Unsatisfactory professional conduct
A certifier may be disciplined when the Board, or the NSW Civil and Administrative Tribunal, find the certifier’s professional conduct to be unsatisfactory. This finding typically follows an investigation by the Board into the certifier’s work and activities.
Unsatisfactory professional conduct (section 19 of the Building Professionals Act 2005) falls into two categories:
- Unsatisfactory professional conduct includes conduct that falls short of the competency, diligence and integrity expected of a reasonably competent certifier.
- Professional misconduct is unsatisfactory professional conduct that is serious enough to warrant suspension or cancellation of a certifier’s accreditation.
Certifiers may appeal disciplinary decisions by the Board to the NSW Civil and Administrative Tribunal. They also have other limited appeal rights if dissatisfied with the outcome of their appeal.