Certifiers must report disciplinary action in other jurisdictions

27 May 2014
A recent investigation reinforces the obligation for certifiers to report disciplinary action taken against them in other jurisdictions.

The Building Professionals Board investigated a complaint against a certifier, which was proven and disciplinary action taken. The investigation also uncovered past misconduct in another State that the certifier had not disclosed to the Board.

Section 61 of the Building Professionals Act 2005 lists the circumstances (see below) that certifiers must report to the Board. These also include ceasing to hold relevant insurance.

It is a serious offence not to report disciplinary action in other jurisdictions. Not disclosing information may result in suspension or cancellation of accreditation.

When applying for or renewing your accreditation, you must complete a series of questions related to whether you are a 'fit and proper person'. This is a legal document that requires you to disclose information about your conduct as a certifier in NSW and other jurisdictions. If you don't, the Board may suspend or cancel your accreditation.

The Board will look into your disciplinary record in other jurisdictions as part of an investigation. Failure to report previous disciplinary action will result in harsher penalties.

Under section 61 of the Act, certifiers must notify the Board within seven days of any of the following occurring (maximum penalty $5,500):

  • cancellation or suspension of an equivalent authorisation (e.g. in another State/ Territory)
  • imposition/ variation of conditions on an equivalent authorisation
  • institution of proceedings against the certifier for an offence that relates to the functions or obligations of a person as a certifier or the holder of an equivalent authorisation, or involves fraud or dishonesty
  • investigation of a complaint against the certifier by another jurisdiction in relation to anything done or omitted by the holder of an equivalent authorisation
  • ceasing to be insured as required by the Act (unless the certifier has, at least seven days before their insurance expires, notified the Board that they cannot obtain further insurance).