Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022
|
PART 6 Complaints, investigations and sanctions | ||
|
Complaints | ||
|
44. (1) A person (in this section referred to as the “complainant”) may make a complaint in writing to the Registrar concerning a registered person on one or more than one of the following grounds (in this section referred to as “improper conduct”): | ||
(a) provision of works in a division for which the registered person is not registered and is not exempt from registration; | ||
(b) failure to give notice of ceasing of competent person under section 31 ; | ||
(c) failure to notify the registration body of a material matter under section 38 ; | ||
(d) failure to fulfil the competence criteria in a division for which the registered person is registered; | ||
(e) failure to comply with a condition of registration; | ||
(f) failure to comply with the code of practice; | ||
(g) failure to comply with the requirements of the system of continuing professional development; | ||
(h) failure to comply with subparagraphs (iii) to (vii) of section 34 (3)(d) or subparagraphs (iii) to (vii) of section 36 (3)(f). | ||
(2) Where the Registrar receives a complaint, he or she shall refer the matter to the Board for investigation unless— | ||
(a) insufficient information is provided with the complaint to enable the Registrar to form a view whether the complaint should be investigated, | ||
(b) the Registrar is satisfied that the complaint is not made in good faith, | ||
(c) the Registrar is satisfied that the complaint is vexatious, frivolous, an abuse of process or without substance or foundation, | ||
(d) the complaint does not relate to a matter referred to in subsection (1), or | ||
(e) subject to subsection (4), following the making of such inquiries as the Registrar thinks fit, he or she is satisfied that the complaint is likely to be resolved by mediation or other informal means between the complainant and registered person to whom the complaint relate. | ||
(3) Where the Registrar decides that a complaint falls within paragraphs (a) to (e) of subsection (2), he or she shall give notice to the complainant and the registered person to whom the complaint relates of the decision and the reasons for the decision. | ||
(4) Where a complaint is not resolved by mediation or other informal means referred to in subsection (2)(e), the complainant may, at his or her discretion, make a fresh complaint in respect of the matter the subject of the first-mentioned complaint. |