Articles

(Post-1 July 2025 – Building and Plumbing Commission)

From 1 July 2025, the Building and Plumbing Commission (BPC) assumed responsibility for disciplinary and enforcement functions previously administered by the Victorian Building Authority (VBA).

The transition marks a consolidation of regulatory authority and an expanded enforcement posture. Practitioners must understand not only the statutory framework, but the procedural mechanics of how disciplinary proceedings are initiated, conducted and determined.

Disciplinary proceedings are administrative in character but carry significant professional, financial and reputational consequences.

Initiation of a Disciplinary Matter

A disciplinary process may be triggered by:

• A complaint from a consumer;
• A referral from a municipal building surveyor;
• A compliance audit;
• A referral from another practitioner;
• Intelligence obtained through inspection or enforcement activity.

The BPC must first determine whether:

• The matter falls within jurisdiction; and
• The allegations, if substantiated, may amount to misconduct or grounds for disciplinary action under the governing legislation.

If those thresholds are met, a formal investigation may commence.

Investigation Phase

The BPC may exercise statutory powers to:

• Require production of documents;
• Compel written responses;
• Conduct interviews;
• Inspect building work;
• Obtain expert evidence.

This phase is evidentiary and directed toward establishing whether disciplinary grounds exist.

Early strategic engagement at this stage is often critical.

Show Cause Notice

If the regulator considers there are grounds to proceed, a Show Cause Notice is issued.

The Notice must:

• Identify the practitioner;
• Specify the alleged conduct;
• Identify the statutory provisions said to be contravened;
• Set out the factual basis relied upon;
• Outline the proposed disciplinary action.

The Notice specifies the timeframe for response. Where prescribed by legislation, this period is 28 days unless otherwise stated.

The Show Cause stage is procedurally significant. It is the practitioner’s primary opportunity to respond before a formal determination is made.

Practitioner Response

A practitioner may:

• Deny the allegations;
• Provide factual rebuttal;
• Challenge the legal characterisation of conduct;
• Make submissions on statutory interpretation;
• Advance mitigation, even if not denying that an allegation is proven.

For mitigation, this generally goes to sentence / penalty only, and not the liability aspect of whether an offence has been committed.

Submissions must address both the factual and legal elements of the alleged contravention.

Failure to respond adequately may materially affect the outcome.

Determination

After considering the investigative material and the practitioner’s response, the BPC determines whether disciplinary grounds are established.

If misconduct is proven, disciplinary action must be proportionate to the gravity of the conduct and consistent with statutory objectives, including consumer protection and public confidence.

The standard of proof is the standard of “reasonable satisfaction” based on the test in Briginshaw v Briginshaw, applied having regard to the seriousness of the allegations.

Disciplinary Outcomes

Available outcomes can include any of:

• Reprimand;
• Monetary penalty;
• Conditions imposed on registration;
• Education or competency requirements;
• Suspension;
• Cancellation of registration;
• Public notation on the register.

In cases involving immediate risk to safety, the regulator may exercise interim suspension powers.

Internal Review

A practitioner dissatisfied with a decision may apply for internal review within the statutory timeframe (commonly 28 days from notification of decision where prescribed).

The reviewing officer may:

• Affirm the decision; or
• Vary the decision; or
• Set aside and substitute a new decision.

External Review – VCAT

A further right of merits review lies with the Victorian Civil and Administrative Tribunal (VCAT), subject to statutory entitlement.

VCAT may:

• Rehear the matter;
• Reconsider liability;
• Reconsider penalty; or
• Substitute its own decision.

VCAT proceedings are formal and evidence-based.

Regulatory Posture Under the BPC

The creation of the BPC reflects a policy shift toward:

• Consolidated regulatory oversight;
• Stronger enforcement powers;
• Increased compliance intervention;
• Enhanced rectification mechanisms.

Practitioners facing disciplinary proceedings should treat the process with the seriousness of quasi-judicial litigation.

Early, measured and technically accurate engagement is often determinative.

Practitioner Defence and Regulatory Advocacy

At Lovegrove & Cotton Construction & Planning Lawyers, we act for building practitioners in:

• Responding to Show Cause Notices
• Preparing evidentiary submissions
• Challenging jurisdictional overreach
• Internal review applications
• VCAT merits review proceedings
• Advising on compliance strategies to mitigate risk

Our approach is structured, statute-focused and grounded in deep familiarity with Victoria’s building regulatory framework.

Disclaimer

This article is provided for general informational purposes only. It does not constitute legal advice. The regulatory framework governing building practitioners is subject to amendment and case law development. Practitioners should obtain specific legal advice tailored to their circumstances.

Author Note

This article reflects the regulatory framework as at the date of publication, following the transition of disciplinary functions from the Victorian Building Authority to the Building and Plumbing Commission on 1 July 2025.

About the Author

Justin Cotton
Director Lovegrove & Cotton Construction & Planning Lawyers

Justin Cotton is one of Victoria’s leading construction and regulatory lawyers. He has over two decades’ experience advising building practitioners, developers and building surveyors / certifiers across Victoria, New South Wales and the ACT. 

His practice includes complex disciplinary defence, regulatory compliance, statutory appeals and high-value construction litigation. He regularly appears in VCAT and advises on multi-jurisdictional building control frameworks.

Image Acknowledgements:
The digital renders used in this article were developed collaboratively by Lovegrove & Cotton and ChatGPT.