You can appeal to the Board if the Registrar decides to suspend or cancel your licence, or has declined your application. The Board hears appeals about the Registrar’s licensing decisions.
An appeal is a serious and formal legal process.
To succeed at getting licensed on appeal, you’ll need to provide reasons and evidence that prove the Registrar’s decision should change.
The Board can change or confirm the Registrar’s decision. It can also refer the decision back to the Registrar to reconsider.
You do not need to pay a fee to lodge an appeal; however if your appeal is unsuccessful the Board may order you to pay some or all of the costs incurred from holding the appeal.
Do you need to appeal
There are some things to think about before you decide whether you need to appeal. It’s a good idea to read our booklet below.
If your licence was suspended or cancelled
Check if you can revive your licence by paying your fees or replying to annual contact.
If your licence application was declined
Think about whether you meet the competencies and performance indicators for your licence class and area of practice.
Licensed Building Practitioners Rules 2007 has information about the performance indicators and competencies.
If you’re unsure about meeting the competencies set out in the LBP Rules it might be wise to upskill before you reapply for your licence.
How to appeal
Complete an application form
You must complete this application form
How to complete the appeal form
When you complete your appeal form, you need to provide:
- a copy of the Registrar’s decision letter
- the decision you want to appeal
- the reasons the licensing decision should be changed
- evidence that supports the reasons for changing the licensing decision
- what do you want to accomplish from the appeal
- whether you want to go to your appeal hearing
- a list of anyone you want to go to your appeal hearing.
Timeframes for appeal
You have 20 working days from when you received the Registrar’s decision letter to send your appeal form to the Board. The Board will then confirm if you may appeal the decision.
Preparing for an appeal hearing
Before the appeal
Once the Board has your appeal form, they will send you the time, date and place of your appeal.
If you have chosen to go to your hearing, then the Board will usually hold it in the main centre closest to where you live.
Hearings ‘on the papers’
You can choose to have your appeal hearing ‘on the papers’. This means the Board will decide your case based on the written information that you and the Registrar submit.
Preparing evidence for an appeal hearing
At an appeal hearing the Board only considers the decision you have appealed against.
You’ll need to think about the reasons the Registrar gave for their decision and base your case around those reasons.
For example, if the Registrar decided you did not meet a competency for your licence class (and area of practice, if it applies), then you need to provide detailed evidence that shows you do meet that competency.
Your evidence should address the performance indicators for any competencies you didn’t meet.
Evidence could include recent examples of your work and referees who can confirm that work.
Your evidence should be verified by an independent person who can confirm the work you did, when you did it and who you did it for.
It is not helpful to provide evidence for competencies the Registrar already agrees you have.
Competencies are measured by performance indicators
Say, for example, one of the competencies in your licence class is to ‘demonstrate knowledge of the regulatory environment’. How will you do this?
- You can demonstrate competence in this area by understanding and being able to relate to others the purpose of the Building Act and Building Code as well as their relationship with the construction process.
- You will be able to describe the key features of the Licensed Building Practitioner scheme such as the licence classes, restricted building work, and accountability to the Building Practitioners Board.
Licensed Building Practitioners Rules 2007 have each licence class information about competencies and performance indicators.
It’s in your best interests to provide technical witnesses who can provide detailed information about what you can do against the competencies for your licence class.
The appeal hearing
You or your legal or other representative can present your case.
You and your witnesses can provide evidence to support your case.
Appeal hearings are a formal legal process and you and your witnesses must give your evidence under oath.
The Board can question you, your representative, and any of your witnesses.
The appeal outcome
The Board will consider all the evidence presented at the hearing or ‘on the papers’.
The Board may confirm or change original decision or ask the Registrar to reconsider their decision.
The Board may also order any party to the appeal to pay to any other party to the appeal any or all of the costs incurred by the other party in respect of the appeal.
The Board will advise you of its decision in writing, as soon as possible after the appeal.
Appeals to the District Court
You can appeal to the District Court if you don’t agree with the Board’s decision about your application or licence.