The Home Building Act 1989 provides for disciplinary action to be taken against licence holders. Fair Trading investigates complaints lodged against licence holders. If considered serious enough the licence holder may be required to show cause why he/she should not be dealt with under the disciplinary provisions of the Act.
Fair Trading may make the following types of determinations - reprimand a licence holder, fine a licence holder, impose a condition on a licence, suspend or cancel or disqualify a licence holder.
A licence showing a status of 'cancelled' indicates the holder under this licence number can no longer contract for work. A licence can be cancelled for such reasons as the contractor becomes bankrupt or becomes the subject of a winding up order, or the result of disciplinary proceedings.
A licence status of 'suspended' indicates that as the result of some investigation or disciplinary proceedings conducted by Fair Trading that the holder has been suspended from contracting or carrying out for work for a period of time.
Penalty notices may be issued to a licence holder if they have committed certain offences against the Act or the regulations. If the holder does not wish to have the matter determined by a court, the holder may pay, within the time specified in the notice, the amount of the penalty.
External insurance claims noted on the public register are those that have been paid by the private providers of home warranty insurance and relate to building work commenced after 1 May 1997.
Statutory insurance claims noted on the public register are those claims paid since September 1997 under the previous Government Insurance Scheme and relate to work carried out before 1 May 1997.
A matter dealt with through the NCAT may result in a Tribunal Order against a licence holder. A Tribunal Order requires the licensee to pay money to another party or carry out specified work or both. If the order is not complied with on or before due date then this will be reflected as a non-complied order on the register.
A Notice to show cause is the starting point for disciplinary action.
Notice to show cause
For further information on any of the above matters, contact Fair Trading on 13 32 20.