Notice of Suspension
When a Registered Building Practitioner’s licence has been cancelled or revoked by the Victorian Building Authority (VBA), they will receive a notice of suspension or notice of cancellation of their building practitioner licence from the Victorian Building Authority, and they will have 28 days to appeal.
Appeal
Appeal can be made through any of the following means:
- Internal review through the VBA; and/or
- Appeal to the Victorian Civil and Administrative Tribunal (VCAT)
When to Appeal
Appeal is 28 days, but the reckoning period is dependent on different circumstances.
If you are a “directly affected person”, you will have 28 days to file the application for internal review with the VBA, and 14 days after the end of the internal review period to file a review with the VCAT
If you want to directly apply to VCAT and not apply for internal review, you have 28 days from the date of the reviewable decision to apply to VCAT
Note that if the notice of suspension was determined by the Chief Commissioner or CEO of the VBA then the only review opportunity of the RBP is to apply to the VCAT; the internal review option will not be available.
Work Suspension
The deadline for filing a review must be complied with, and you should act fast, because the suspension of your licence will not be lifted during the review period.
It’s important to note that you are not allowed to undertake building works pursuant to the suspended registration during this time.
Workflow Summary
How We Can Help
If you receive a notice of suspension or notice of cancellation of their building practitioner licence from the VBA, it is encouraged that you engage a specialist construction lawyer. Your appeal instrument needs to be very carefully drafted, and needs to include all the relevant information needed for the VBA to make a proper decision. Legal representation is allowed during the review.
