Disciplinary record and compliance history
4.26 The Registration Authority takes into consideration a person’s disciplinary record and compliance history in determining the amount of the fine, including, for example:
a. the person’s general compliance history;
b. whether the Registration Authority has previously taken any disciplinary action resulting in adverse findings against the person;
c. whether the Registration Authority has previously taken action against the person under sections 13 or 14 of CLR 2015 (own initiative action); and
d. whether the Registration Authority has previously given the person a notice under section 43 (fines, suspensions and restrictions).
4.27 The disciplinary record of a person could lead to the Registration Authority imposing a larger fine than otherwise might be appropriate: for example, the fine might be increased if the person has committed similar contraventions in the past or been warned about similar misconduct. In assessing the relevance of the person’s disciplinary record and compliance history, generally the older the contravention is, the less significant it is regarded as being.