1 Name of Act
2 Commencement
3 Definitions
Part 2 Accreditation of certifiers
Division 1 Accreditation scheme
4 Accreditation scheme
Division 2 Accreditation of accredited certifiers
5 Applications for accreditation
5A Classes of certificate of accreditation
6 Determination of application for accreditation
6A Accreditation of persons to carry out certification work only on behalf of councils
7 Grounds for refusal of accreditation
8 Suspension or cancellation of accreditation
9 Conditions of accreditation
9A Ongoing assessment of accredited certifiers
10 Duration of accreditation
11 Register
Division 3 Powers of the Board for the protection of the public
12 Suspension of accreditation or imposition of conditions to protect the public
13 Power to remove or alter conditions
14 Matter to be treated as complaint
15 Extension of suspension
16 Expiration of suspension
17 Duration of conditions—complaint matters
18 Review of decisions of Board under this Part
Part 3 Disciplinary proceedings
19 Definitions
20 General provisions concerning disciplinary proceedings
Division 2 Making of complaints and preliminary procedures
21 Procedure for making complaint
22 Board may decide to take no action in relation to complaint
23 Dismissal of complaints
24 Conciliation of complaints
25 Reference of complaint to another person or body for investigation
26 Withdrawal of complaint
Division 3 Investigation of complaints
27 Investigation by Board of complaints
28 Investigation into complaint to be conducted expeditiously
Division 4 Procedure after investigation of complaint
29 Report of investigation to be given to accreditation holder
30 Conduct of meeting dealing with complaint
31 Decision after investigation of complaint
32 Board to give statement of decision
33 Person may apply to Tribunal for a review of disciplinary finding of Board
Division 5 Role of Tribunal in complaints process
34 Tribunal may make certain disciplinary findings
35 Tribunal may award costs
36 (Repealed)
37 Confidential information in statement of reasons
Division 6 Publicising disciplinary action
38 Definitions
39 Publicising disciplinary action
40 Register of disciplinary action
41 Quashing or variation of disciplinary action
42 Liability for publicising disciplinary action
43 General
44 Duty of confidentiality of client communications
Part 3A Appeals against decisions of Tribunal
44A Definition
44B Application of Administrative Decisions Tribunal Act 1997
44C Right to appeal to Supreme Court
44D Appeals on questions of law
44E Appeals on the merits
44F Appeal does not stay decision appealed against
Part 4 Investigation of certifying authorities and accreditation holders
45 Investigation of councils acting as certifying authorities
46 Investigation of accredited certifiers and building professionals
47 Extension of investigations to former accreditation holders
Part 5 Powers relating to investigations
Division 1 Powers of Board and authorised officers to require production of evidence
48 Powers of Board or authorised officer to obtain evidence
Division 2 Power of entry to premises
49 Power of entry
50 Inspections and investigations
51 Use of force
52 Notification of use of force or urgent entry
53 Care to be taken
54 Compensation
55 Authority to enter premises
56 Restrictions on power of entry to residential premises
57 Search warrants
58 Obstruction of authorised persons
59 Limitation on self-incrimination
Part 6 Requirements relating to accredited certifiers
Division 1 Record keeping and notifications
60 Record keeping by accreditation holders
61 Board to be notified of certain events
62 Application of Division
63 Accredited certifiers to have required insurance
64 Building practitioners
65 Regulations under this Division
Division 3 Conflicts of interest
66 Conflicts of interest
67 Meaning of being involved in the design of an aspect of the development
68 Meaning of being related to another person
69 Meaning of being associated with a council
70 Meaning of having a pecuniary interest
71 Board may grant exemptions from certain provisions relating to conflicts of interest
Division 4 Other matters relating to improper conduct
72 Acting in a manner not authorised by certificate of individual accreditation
72A Responsibilities of accredited certifier directors
72B Responsibilities of person with individual accreditation acting on behalf of accredited body corporate or council
72C Requirements of accredited body corporate
73 Contravention of terms and conditions of accreditation
73A Requirements relating to contracts for certification work
74 Notice to be given of certain matters
Part 6A Requirements relating to councils
74A Responsibilities of councils carrying out certification work
74B Councils to provide certain information and keep certain records
74C Exemptions
Part 7 Constitution and management of Board
75 Constitution of Board
76 Membership and procedure of Board
77 Functions of Board
78 Staff of Board
79 Appointment of advisory and other committees
80 Delegation of Board’s functions
81 Building Professionals Board Fund
82 Notification of certain matters to employer of accreditation holders and others
83 Disclosure and misuse of information
84 Improper influence with respect to conduct of accredited certifier acting as certifying authority
85 False representations
86 Impersonation of authorised officers
87 Documents to be provided to Board by accreditation bodies
88 Service of documents
89 Personal liability
90 Recovery of money
91 Certificate evidence
92 Penalty notices
93 Proceedings for offences
93A Offences by corporations
94 Regulations
95 Savings, transitional and other provisions
96 (Repealed)
97 Review of Act
Schedule 1 Constitution and procedure of Board