How Construction Occupations Licences Are Cancelled and Suspended in the ACT

What it is

The Construction Occupations Registrar within Access Canberra can suspend, cancel or impose conditions on a construction occupations licence under Part 5 of the Construction Occupations (Licensing) Act 2004 (ACT). ACAT provides external review through its Occupational Discipline jurisdiction.

The framework covers all construction occupations licensed under the COL Act, including builders, building surveyors, construction managers and specialist trades.

Grounds for disciplinary action

Part 5 of the COL Act 2004 (ACT) lists grounds for occupational discipline:

• serious or repeated defective work
• breach of a condition of the licence
• non-compliance with a rectification order under the COL Act
• non-compliance with a Building Act 2004 rectification requirement
• non-compliance with the Property Developers Act 2024 for in-scope class 2 projects
• dishonest, misleading or unconscionable conduct
• criminal convictions relating to the licensed activity
• financial failure
• failure to satisfy the nominee requirement under regulation 22
• failure to notify a change of nominee or director within 1 business day

The 1 business day notification failure is a specific ACT disciplinary trigger reflecting the Territory's active compliance approach.

Show cause notice

The Construction Occupations Registrar issues a show cause notice under section 55 of the COL Act. The licensee has the prescribed period (typically 21 days) to respond with evidence, submissions and any undertakings.

The Registrar considers the response and issues a decision.

Possible outcomes

The Registrar can:

• take no action
• issue a reprimand
• impose licence conditions (supervision, training, financial reporting, scope limitations)
• suspend the licence for a specified period
• cancel the licence
• disqualify the individual from being a director or nominee
• impose penalties

ACAT review

A licensee can seek review through ACAT under the ACAT Act 2008 (ACT). ACAT's Occupational Discipline jurisdiction reviews the Registrar's decision and can affirm, vary or set aside. Legal representation is permitted; hearings can involve expert evidence.

Section 68 of the ACAT Act specifies the review powers, and section 71 sets out the appeal pathway to the ACT Supreme Court on questions of law.

Interaction with residential building insurance

Where the licence is cancelled or suspended, residential building insurance under sections 90 and 91 of the Building Act 2004 (ACT) is affected. Cover triggers include the builder's death, disappearance or insolvency (not licence cancellation on non-insolvency grounds).

That means a cancellation for non-financial reasons (defective work, dishonest conduct) may not open the insurance layer. Owners with claims against the cancelled builder may need to pursue the builder personally, without insurance backstop unless a subsequent insolvency trigger event occurs.

Property Developers Act 2024 interaction

The Property Developers Act 2024 (ACT) added a rectification-order framework for developer-controlled residential projects. Non-compliance with a rectification order under the Property Developers Act is grounds for COL Act disciplinary action against any building licensee involved.

Consequences of cancellation

A cancelled licensee cannot:

• carry out licensable construction occupations work in the relevant class
• act as a nominee for another licensee
• reapply for the licence during the disqualification period

Cancelled companies face director and shadow director accountability, particularly under the Property Developers Act 2024 developer licensing framework from 10 July 2026 onwards.

How the ACT compares

The ACT's Access Canberra / ACAT framework aligns with the NSW / QLD / VIC tribunal-based models. The distinctive ACT features are the 1 business day notification requirement (the tightest in Australia) and the Property Developers Act 2024 developer licensing layer for class 2 projects.