The Home Building Services may issue a Notice to Show Cause to a licensed contractor during disciplinary proceedings which are often instigated from a complaint. A Notice to Show Cause will be issued on grounds that a contractor has engaged in improper conduct, normally arising from defective construction works. When determining whether disciplinary proceedings should be issued and what the appropriate penalty may be against a contractor, there are a series of factors which are relevant. These factors are as follows:
- the nature, width and extent of the contraventions;
- the loss or damage and prejudice in consequence of the contraventions;
- the circumstances in which the contraventions took place;
- whether the contracted licensee has been found to have engaged in any similar conduct;
- the presence of fraudulent or dishonest intent and deliberation on the part of the contracted licensee;
- the extent of carelessness or wilfulness of the conduct;
- the efforts made to correct the situation and what measures have been taken by the contracted licensee;
- what consciousness the contracted licensee displayed to the owners;the effect upon the contracted licensee;
- antecedents;
- attitude, building history and future compliance;
- the penalty range; and
- the degree of cooperation with the authorities.
If you are a licensed contractor who has recently received a Notice to Show Cause with respect to disciplinary proceedings, or if a determination has been made to issue you with a fine, feel free to contact us for a free consultation with respect to what potential remedies you may have, such as appealing the decision to the Administrative Decisions Tribunal.
If you have any questions in relation to this article, please contact Damin Murdock at Leo Lawyers on (02) 8201 0051 or at office@leolawyers.com.au.
DISCLAIMER: This article is not to be taken as legal advice and is general in nature. If you require specific advice, please contact us.
