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Contents (1979 - 203)
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Environmental Planning and Assessment Act 1979 No 203
Historical version for 8 July 2002 to 31 July 2002 (accessed 27 January 2020 at 02:25) Current version
Part 4B Division 1 Section 109R
109R   Definitions
In this Part:
complaint means a complaint about an accredited certifier made under section 109V.
disciplinary finding means a finding of unsatisfactory professional conduct or professional misconduct.
professional misconduct, in relation to an accredited certifier, means conduct that is unsatisfactory professional conduct of a sufficiently serious nature to justify suspension of the accredited certifier’s accreditation as an accredited certifier or the withdrawal of the accredited certifier’s accreditation.
Tribunal means the Administrative Decisions Tribunal.
unsatisfactory professional conduct includes conduct (whether consisting of an act or omission):
(a)  occurring in connection with the exercise of an accredited certifier’s functions as a certifying authority that falls short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent accredited certifier, or
(b)  by which an accredited certifier exercises his or her functions as a certifying authority in a partial manner, or
(c)  by which an accredited certifier wilfully disregards matters to which he or she is required to have regard in exercising his or her functions as a certifying authority, or
(d)  by which an accredited certifier fails to comply with:
(i)  any relevant code of conduct established by the accreditation body by which he or she is accredited, or
(ii)  any other Act or law prescribed by the regulations, or
(e)  by which an accredited certifier contravenes this Act, whether or not he or she is prosecuted or convicted for the contravention.