How Building Practitioner Licences Are Cancelled and Suspended in Tasmania

What it is

Tasmanian building practitioner licences are administered by the Building Practitioners Board under the Occupational Licensing Act 2005 (Tas). The Board can suspend, cancel or impose conditions on individual and company practitioner licences following its disciplinary process. Consumer, Building and Occupational Services (CBOS) provides administrative support.

The Magistrates Court provides external review through its general administrative review jurisdiction under Tasmanian law.

Grounds for disciplinary action

The Occupational Licensing Act 2005 (Tas) and the Board's disciplinary policy list grounds for action:

• serious or repeated defective work
• unprofessional conduct
• failure to comply with a TASCAT order under section 62 of the RBWC Act 2016
• failure to comply with a Building Notice or Building Order under the Building Act 2016 (Tas)
• dishonest, misleading or unconscionable conduct
• criminal convictions relating to the licensed activity
• financial failure
• failure to maintain the nominated practitioner requirement for companies
• section 78 anti-avoidance breaches of the RBWC Act

The Board takes complaints from consumers, TASCAT and the Director of Building Control seriously as trigger events for investigation.

Show cause notice and hearing

The Board investigates complaints through CBOS. Where a matter proceeds to disciplinary action, the practitioner receives a show cause notice with the prescribed response period.

Contested matters are heard by the Board on natural justice principles. Both parties can present evidence and submissions. Legal representation is permitted.

Possible outcomes

Section 4 of the Occupational Licensing Act 2005 sets the framework for outcomes. The Board can:

• take no action
• issue a reprimand
• impose licence conditions (supervision, training, financial reporting)
• suspend the licence for a specified period
• cancel the licence
• disqualify the individual from practitioner registration for a specified period
• impose monetary penalties

Interaction with section 62 TASCAT jurisdiction

TASCAT under section 62 of the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas) can make orders for money, damages, rectification or completion in respect of statutory warranty claims. Those orders operate alongside the Board's disciplinary jurisdiction but are conceptually distinct.

Non-compliance with a TASCAT order under section 62 is a ground for Board disciplinary action, which creates a two-stage enforcement escalation: TASCAT order first, then Board disciplinary action for non-compliance.

No compulsory home warranty insurance safety net

Tasmania is the only Australian jurisdiction without compulsory home warranty insurance. Where a Tasmanian builder becomes insolvent or has a licence cancelled, there is no insurance backstop for owners. The Residential Building (Home Warranty Insurance Amendments) Act 2023 (Tas) passed but has not been proclaimed.

This absence places more weight on the licensing disciplinary framework as the primary consumer protection tool.

Magistrates Court review

A practitioner can seek review of the Board's decision through the Magistrates Court under general administrative review provisions. The court can affirm, vary or set aside the decision. Legal representation is permitted.

Consequences of cancellation

A cancelled practitioner cannot:

• carry out prescribed building services work in the relevant class
• act as a nominated practitioner for a company
• reapply for registration during the disqualification period

Cancelled companies must cease operations in the licensed class. Directors face potential disqualification from being directors of other licensed entities.

How Tasmania compares

Tasmania's Building Practitioners Board / Magistrates Court framework is closer to the SA CBS / Magistrates Court model than to the tribunal-based NSW/VIC/QLD frameworks. The dedicated Board (rather than a general regulator) reflects Tasmania's specialised approach to building practitioner discipline.

The absence of compulsory home warranty insurance is the most significant structural difference from other Australian jurisdictions. TradeForm TAS templates highlight the licensing framework as the primary consumer protection layer.