Page 3086 - Week 09 - Thursday, 21 September 2006
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Construction industry—disciplinary notices
(Question No 1177)
Mr Seselja asked the Minister for Planning, upon notice, on 17 August 2006:
(1) When will the Minister provide written notice for the commencement of the Construction Occupations Legislation Amendment Act 2006;
(2) Given that sub-section 56(1) of the Act makes provision for a person who has been given a disciplinary notice to ask the registrar to hold an inquiry, (a) how many disciplinary notices have been issued since 1 September 2004, (b) how many disciplinary notices issued since 1 September 2004 have been taken to the Administrative Appeals Tribunal (AAT), (c) of those disciplinary notices taken to the AAT, how many were upheld and how many have been overturned and (d) how many complaints has the ACT Planning and Land Authority (ACTPLA) received from people issued with disciplinary notices since 1 September 2004;
(3) Given that section 35 of the Act makes no provision for an inquiry when a rectification order is issued, (a) how many rectification orders have been issued since 1 September 2004, (b) how many rectification orders issued since 1 September 2004 have been taken to the AAT, (c) of those rectification orders taken to the AAT, how many were upheld and how many have been overturned and (d) how many complaints has ACTPLA received from people issued with rectification orders since 1 September 2004.
Mr Corbell: The answer to the member’s question is as follows:
(1) When will the Minister provide written notice for the commencement of the Construction Occupations Legislation Amendment Act 2006?
The Construction Occupations Legislation Amendment Act 2006 was notified on 31 August 2006 and commenced on 1 September 2006.
(2) Given that sub-section 56(1) of the Act makes provision for a person who has been given a disciplinary notice to ask the registrar to hold an inquiry, (a) how many disciplinary notices have been issued since 1 September 2004?
Under section 56 (1) of the Construction Occupations (Licensing) Act, which I refer to here as “the COLA”, thirty disciplinary notices have been issued since 1 September 2004.
(b) how many disciplinary notices issued since 1 September 2004 have been taken to the Administrative Appeals Tribunal (AAT)?
None, COLA disciplinary notices cannot be taken to the AAT, as a decision to issue a disciplinary notice is not a reviewable decision under Regulation 45 of the Construction Occupations (Licensing) Regulation 2004.
(c) of those disciplinary notices taken to the AAT, how many were upheld and how many have been overturned?
For the reasons mentioned above the AAT has not reviewed any disciplinary notices.
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