RODWELL v BUILDING PRACTITIONERS BOARD

21 VR 683·Hollingworth J
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21 VR 683
21 VR 683
RODWELL v BUILDING PRACTITIONERS BOARDSupreme Court of VictoriaHollingworth J13 November 2008, 17 April 2009[2009] VSC 146Administrative law — Occupational licensing — Building practitioners — Registration — Building Practitioners Board — Inquiry — Notice — Validity — Nature of inquiry — Whether time for commencement of proceeding for offence applicable — Exercise of inherent jurisdiction — “Proceeding for an offence” — Interpretation of Legislation Act 1984 (No 10096) s 35(a) — Building Act 1993 (No 126) ss 16(1), 177, 178, 179, 241(7)..

An inquiry conducted by the Building Practitioners Board pursuant to s 178 of the Building Act 1993 (“the Act”) into whether a registered building practitioner had failed to comply with s 16(1) of the Act was not a “proceeding for an offence” within the meaning of s 241(7) of the Act. It was a disciplinary proceeding in respect of which the time limit provided for in s 241(7) of the Act was inapplicable.

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