Part 3 Complaints and disciplinary action
19 Grounds for disciplinary action
Disciplinary action under this Part can be taken against a person who is or was a registered valuer on any one or more of the following grounds:(a) the person has contravened a provision of this Act or any other Act administered by the Minister, or the regulations under any such Act, whether or not the person has been prosecuted or convicted of an offence in respect of the contravention,(b) the person has contravened a condition of the person’s registration as a valuer,(c) the person has, in the course of practising as a valuer, acted unlawfully, improperly, unfairly or incompetently,(d) the person is not a fit and proper person to be registered as a valuer,(e) the person has breached an undertaking given by the person to the Director-General under this Act or the Fair Trading Act 1987, in respect of the person’s practise as a valuer,(f) the person has failed to comply with a direction given to the person by the Director-General pursuant to the taking of disciplinary action under this Part,(g) the person has failed to pay a monetary penalty imposed on the person by the Director-General pursuant to the taking of disciplinary action under this Part,(h) grounds specified in the regulations as grounds for the taking of disciplinary action against a person under this Act.
(1) Each of the following actions is disciplinary action that the Director-General can take against a person under this Act:(a) caution or reprimand the person,(b) give a direction to the person requiring the person to give a specified undertaking to the Director-General as to the manner in which the person will practise as a valuer,(c) give a direction to the person requiring the person to take specified action within a specified time in connection with the person’s practise as a valuer,(d) impose a monetary penalty on the person of an amount not exceeding 100 penalty units in the case of a natural person or 200 penalty units in the case of a corporation,(e) impose a condition on the person’s registration as a valuer,(f) suspend the person’s registration as a valuer for a period that does not exceed the unexpired term of that registration,(g) cancel the person’s registration as a valuer,(h) declare the person to be a disqualified person for the purposes of this Act, either permanently or for a specified period.(2) A power conferred by this Act to take disciplinary action against a person is a power to take any one or more of the actions that constitute disciplinary action.
21 Decision to take no further action
The Director-General may at any stage of a matter that is the subject of consideration by the Director-General under this Part determine to take no further action in respect of the matter, whether or not the matter is the subject of a complaint or a show cause notice and whether or not the Director-General determines that there are grounds for taking disciplinary action in connection with the matter.
(1) Any person may make a complaint to the Director-General setting out matters that are alleged to constitute grounds for taking disciplinary action against a person under this Act.(2) Action can be taken under this Part whether or not a complaint has been made.
(1) The Director-General may serve a show cause notice on a person if the Director-General is of the opinion that there is reasonable cause to believe that there are grounds for taking disciplinary action against the person.(2) A show cause notice is a notice requiring a person to show cause why disciplinary action should not be taken against the person under this Act on the grounds specified in the notice.(3) A show cause notice is to be in writing and is to specify a period of not less than 14 days after service of the notice as the period that the person to whom the notice is directed has to show cause as required by the notice.(4) The person on whom a show cause notice is served may within the period allowed by the notice make oral or written submissions to the Director-General in respect of the matters to which the notice relates.
24 Power to suspend registration when show cause notice served
(1) When a show cause notice is served on a person, the Director-General may by notice in writing to the person suspend the person’s registration as a valuer pending a determination by the Director-General of whether to take disciplinary action under this Act against the person.(2) The Director-General may only suspend a person’s registration under this section if satisfied that the grounds for disciplinary action specified in the show cause notice would, if established, justify the suspension or cancellation of the person’s registration as a valuer.(3) Such a suspension may not be imposed for a period of more than 60 days after the show cause notice is served.(4) The Director-General is not required to afford a person an opportunity to be heard before taking action against the person under this section.(5) The Director-General can revoke a suspension under this section at any time by notice in writing to the suspended person.(6) This section does not limit or otherwise affect any power to suspend a licence or certificate of registration under section 79A of the Fair Trading Act 1987.
25 Inquiries and investigation
The Director-General may conduct inquiries and make investigations in relation to the matters to which a show cause notice relates and the submissions, if any, made by or on behalf of the person to whom the show cause notice relates in relation to those matters, as the Director-General thinks fit.
26 Taking of disciplinary action
(1) If the Director-General is satisfied that there are grounds for taking disciplinary action under this Act against a person on whom a show cause notice has been served, the Director-General may by order in writing served on the person take such disciplinary action against the person as the Director-General thinks is warranted.(2) The order must include a statement of the reasons for the Director-General’s decision on the matter.
27 Recovery of monetary penalty
A monetary penalty imposed on a person by disciplinary action under this Part may be recovered by the Director-General in a court of competent jurisdiction as a debt due to the Crown.
28 Review of disciplinary action by ADT
A person against whom disciplinary action is taken by the Director-General may apply to the Administrative Decisions Tribunal under the Administrative Decisions Tribunal Act 1997 for a review of the Director-General’s decision on the disciplinary action.
(1) The Director-General may authorise publication of a notice warning persons of particular risks involved in dealing with a specified registered valuer, or a person who is not a registered valuer, in connection with the activities of valuers.(2) For example, a warning may relate to the risks involved in dealing with a person who has a recent history of unconscionable conduct in the person’s dealings with consumers.(3) The Director-General may authorise publication of such a notice in any one or more of the following ways:(a) to any person making inquiries to the Director-General about the valuer concerned,(b) by advertisement by the use of any medium,(c) to any media representatives.(4) Publication of such a notice may not be authorised unless an investigation has been conducted by the Director-General, whether or not a complaint has been made.(5) Before authorising publication of such a notice, the Director-General must give the person concerned an opportunity for a period of not less than 48 hours to make representations to the Director-General about publication of such a notice, unless:(a) the Director-General is not able, after making reasonable efforts to do so, to contact the person promptly and advise the person of that opportunity, or(b) the person refuses to make any representations.(6) No opportunity to make representations is required to be given if, in the opinion of the Director-General, there is an immediate risk to the public.(7) No liability is incurred by a person for publishing in good faith:(a) a notice under this section, or(b) a fair report or summary of such a notice.
30 Return of suspended or cancelled certificate of registration
A person who has possession of a certificate of registration that has been suspended or cancelled under this Part must give the certificate of registration to an officer of the Department of Commerce at any office of the Department within 7 days after the suspension or cancellation takes effect.Maximum penalty:
(a) 40 penalty units in the case of a corporation, or(b) 20 penalty units in any other case.