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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 20 January 2020 at 03:18) Current version
Part 4B Division 3 Section 109ZA
109ZA   Tribunal may make certain disciplinary findings on application of accreditation body
(1)  If an application is made to the Tribunal under section 109U or 109Z for a disciplinary finding in relation to an accredited certifier, the Tribunal is to determine whether or not the accredited certifier is guilty of unsatisfactory professional conduct or professional misconduct.
(2)  If the Tribunal finds that the accredited certifier is guilty of unsatisfactory professional conduct or professional misconduct, the Tribunal may make any one or more of the following decisions:
(a)  caution or reprimand the accredited certifier,
(b)  direct that such conditions as it considers appropriate be imposed on the accredited certifier’s accreditation to practise as an accredited certifier,
(c)  order that the accredited certifier complete such educational courses as are specified by the Tribunal,
(d)  order that the accredited certifier report on his or her practice as an accredited certifier at the times, in the manner and to the persons specified by the Tribunal,
(e)  order the accredited certifier to pay a fine of an amount, not exceeding 300 penalty units, specified in the order,
(f)  order the accredited certifier to pay to the complainant such amount (not exceeding $20,000) as the Tribunal considers appropriate by way of compensation for any damage suffered by the complainant as a result of the unsatisfactory professional conduct or professional misconduct,
(g)  suspend the accredited certifier’s accreditation for such period as the Tribunal thinks fit,
(h)  withdraw the accredited certifier’s accreditation.
(3)  If the Tribunal finds that the accredited certifier is not guilty of unsatisfactory professional conduct or professional misconduct, it is to dismiss the application.
(4)  If the Tribunal orders that an accredited certifier’s accreditation be withdrawn, it may also order that he or she cannot re-apply for accreditation (whether by his or her relevant accreditation body or by any other accreditation body) within such period (including the period of his or her lifetime) as may be specified by the Tribunal.