In relation to any complaint about the conduct of a licensed building practitioner, these regulations apply only to a complaint made to the Board after the close of 8 October 2008.

A complaint to the Board about the conduct of a licensed building practitioner must—

• (a) be made in writing; and

• (b) be in a form approved by the Board; and

• (c) identify the complainant and include the complainant's name and contact details; and

• (d) identify the licensed building practitioner's name and include any of his or her contact details known to the complainant; and

• (e) provide details of the conduct that is the subject matter of the complaint; and

• (f) indicate the grounds for discipline to which the conduct that is the subject matter of the complaint may correspond, if they are known by the complainant; and

• (g) be accompanied by any evidence that the complainant has to support the complaint; and

• (h) state what steps have already been taken to resolve the complaint, to the extent that they are known by the complainant.

When the Board receives a complaint, it must either—

• (a) refer the complaint to another body under section 316(3) of the Act (which relates to the Board referring certain complaints to the bodies responsible for dealing with those complaints under other enactments); or

• (b) ask the Registrar to prepare and provide a report to the Board in accordance with regulations 7 and 8.

(1) When the Board asks the Registrar for a report on a complaint, he or she must—

• (a) collect information in accordance with subclauses (2) to (4); and

• (b) compile a report as described in regulation 8; and

• (c) provide the Board with the report; and

• (d) send a copy of the report to the complainant and the licensed building practitioner.

(2) The Registrar must provide a copy of the complaint to the licensed building practitioner and ask him or her to provide—

• (a) his or her response, in writing; and

• (b) any relevant information; and

• (c) any evidence that he or she wishes to provide.

(3) The Registrar may ask the complainant for any further information.

(4) The Registrar may ask any special adviser appointed by the Board under section 322(1)(d) of the Act to provide his or her comments, opinion, or advice on any information supplied under regulation 5 or collected under subclauses (2) and (3).

(1) The Registrar's report to the Board must—

• (a) contain the details of the complaint, including—

  • (i) any information supplied under regulation 5; and

  • (ii) whatever the licensed building practitioner provides under regulation 7(2); and

  • (iii) whatever the complainant provides under regulation 7(3); and

  • (iv) the special adviser's response, if any, under regulation 7(4); and

• (b) contain the Registrar's summary of the facts as agreed and as disputed between the complainant and the licensed building practitioner; and

• (c) indicate whether, in his or her view, regulation 9 applies to the complaint.

(2) The details of the complaint under subclause (1)(a) may be in summary form, either in whole or in part.

A complaint does not warrant further investigation if—

• (a) it does not come within the grounds for discipline; or

• (b) it does not meet the requirements of regulation 5; or

• (c) it is frivolous, vexatious, or not made in good faith; or

• (d) its subject matter is minor or trivial, or both; or

• (e) there is insufficient evidence to warrant the investigation of the complaint; or

• (f) the investigation of it is—

  • (i) not practicable; or

  • (ii) unnecessary; or

  • (iii) not possible (for example, because the licensed building practitioner has died or cannot be located); or

• (g) its subject matter has been considered previously by the Board, and the Board—

  • (i) considered that the complaint did not warrant further investigation, because 1 or more of paragraphs (a) to (f) applied to it; or

  • (ii) otherwise made a decision on the complaint.

(1) When the Board receives the Registrar's report, the Board must decide—

• (a) to proceed no further with the complaint because regulation 9 applies; or

• (b) to proceed with the complaint.

(2) If the Board decides to proceed with the complaint, it must hold a hearing.

A hearing is a meeting of the Board for the purposes of the Act, whether or not the complainant or the licensed building practitioner attend it, either personally or through a representative.

The Board must give the complainant and the licensed building practitioner notice of the hearing at least 15 working days before the date set for the hearing.

(1) The Board may consolidate the hearing of 2 or more complaints into 1 hearing if—

• (a) the complaints are, in the opinion of the Board, about substantially the same subject matter; and

• (b) the complainant and the licensed building practitioner in respect of each complaint agree to the consolidation.

(2) Regulation 11 applies, with all necessary modifications, to a consolidated hearing.

(1) The Board, when exercising the power under section 284 of the Act to regulate its own procedure for making decisions, must be guided by the principle that it should avoid unnecessary formality.

(2) Subclause (1) does not limit section 283 of the Act, which includes requirements for the Board to comply with the rules of natural justice and give written notices of, and reasons for, its decisions.

The Board must inform the complainant and the licensed building practitioner in writing of—

• (a) the Board's decision in regard to the complaint as soon as practicable after the Board has made the decision; and

• (b) any right of appeal under section 330 of the Act.

This Part provides for procedures in relation to inquiries on the board’s own motion into matters about the conduct of licensed building practitioners.

(1) This Part applies to an inquiry into a matter about the conduct of a building practitioner raised by the Board’s own inquiries.

(2) This Part also applies to an inquiry into a matter about the conduct of a building practitioner raised by a complaint where the Board carries on an inquiry into that matter on its own motion after the complainant decides not to proceed with the complaint—

• (a) as if every reference to a matter raised by the Board’s own inquiries included a reference to the matter raised by that complaint; and

• (b) with all modifications necessary to take into account that there is no need for the Board to repeat any process already undertaken as part of the investigation of the complaint under Part 1 where a substantially equivalent process may be, or is required to be, undertaken as part of an inquiry under this Part; and

• (c) with any other necessary modifications.

If a matter about the conduct of a licensed building practitioner is raised by the Board’s own inquiries and the Board has reasonable grounds to suspect that the conduct of a licensed building practitioner may come within any of the grounds for discipline, the Board may request the Registrar to prepare a report on the matter and provide that report to the Board.

(1) If the Board requests the Registrar to prepare a report on a matter, the Registrar must—

• (a) collect information in accordance with subclauses (2) to (4); and

• (b) compile a report as described in regulation 20; and

• (c) provide the Board with the report; and

• (d) send a copy of the report to the relevant licensed building practitioner.

(2) The Registrar must—

• (a) provide the licensed building practitioner with—

  • (i) the details of the conduct that the Board is inquiring into, including all evidence that the Board has in support of its request for the Registrar’s report under regulation 18; and

  • (ii) the grounds for discipline to which the conduct that is the subject of the inquiry may correspond; and

• (b) ask the licensed building practitioner to provide—

  • (i) his or her response, in writing; and

  • (ii) any relevant information; and

  • (iii) any evidence that he or she wishes to provide.

(3) The Registrar may—

• (a) make any inquiries that are reasonably necessary to determine whether the conduct of the licensed building practitioner comes within any of the grounds for discipline; and

• (b) without limiting paragraph (a), invite any person to provide further information relevant to the inquiry.

(4) The Registrar may ask any special adviser appointed by the Board under section 322(1)(d) of the Act to provide his or her comments, opinion, or advice on any information supplied or collected under subclauses (2) and (3).

The Registrar’s report to the Board must—

• (a) contain the details of the matter inquired into, including—

  • (i) whatever information and evidence the licensed building practitioner provides under regulation 19(2); and

  • (ii) whatever information is collected or provided under regulation 19(3); and

  • (iii) the special adviser’s response, if any, under regulation 19(4); and

• (b) contain the Registrar’s summary of facts as agreed and as disputed by the licensed building practitioner; and

• (c) indicate whether, in the Registrar’s view, regulation 21 applies to the matter.

A matter does not warrant the Board continuing an inquiry into it if—

• (a) it does not come within any of the grounds for discipline; or

• (b) its subject matter is minor or trivial, or both; or

• (c) there is insufficient evidence to continue the inquiry; or

• (d) continuing the inquiry is—

  • (i) not practicable; or

  • (ii) unnecessary; or

  • (iii) not possible (for example, because the licensed building practitioner has died or cannot be located).

(1) When the Board receives the Registrar's report, the Board must decide—

• (a) to discontinue the inquiry because regulation 21 applies; or

• (b) to continue the inquiry.

(2) If the Board decides to continue the inquiry, it must hold a hearing.

Regulations 11 to 15 apply to an inquiry as if,—

• (a) in regulation 11, “whether or not the complainant or the licensed building practitioner attend it” were replaced with “whether or not the licensed building practitioner attends it”; and

• (b) in regulation 12, “the complainant and” were deleted; and

• (c) in regulation 13,—

  • (i) each reference to a complaint or to complaints were a reference to an inquiry or to inquiries; and

  • (ii) in paragraph (b), “all parties to each complaint agree to the consolidation” were replaced with “in respect of each inquiry, the licensed building practitioner whose conduct is the subject of the inquiry agrees to the consolidation”; and

• (d) in regulation 15,—

  • (i) “must inform the complainant and the licensed building practitioner” were replaced with “must inform the licensed building practitioner”; and

  • (ii) in paragraph (a), “complaint” were replaced with “inquiry”.