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This is a Bill, not an Act. For current law, see the Acts databases.
CONSTRUCTION OCCUPATIONS (LICENSING) BILL 2003
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Construction
Occupations (Licensing) Bill 2003
Contents
Page
2003
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Construction
Occupations (Licensing) Bill 2003
A Bill for
An Act to regulate construction occupations, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Construction Occupations (Licensing) Act
2003.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘building
work—see the Building Act 2003, section 6.’ means
that the term ‘building work’ is defined in that section and the
definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Important
concepts
6 What
is a construction practitioner?
(1) A construction practitioner is an entity that provides,
has provided or proposes to provide a construction service.
(2) A construction service is the doing or supervision of
work in a construction occupation.
Note Supervise—see dict.
(3) For this Act, the regulations may—
(a) prescribe work as work in a construction occupation; and
(b) exclude work from a construction occupation.
7 What
is a construction occupation?
Each of the following is a construction occupation:
(a) builder;
(b) building surveyor;
(c) drainer;
(d) electrician;
(e) gasfitter;
(f) plumber;
(g) plumbing plan certifier.
(1) A builder is an entity that provides, has provided or
proposes to provide a building service.
(2) A building service is the doing or supervision of
building work.
Note Building work—see dict.
9 What
is a building surveyor?
(1) A building surveyor is an entity that provides, has
provided or proposes to provide a building certification service.
(2) A building certification service is the doing of
building certification work.
(3) In this section:
building certification work means anything a building
certifier may or must do under the Building Act 2003.
Note The Building Act 2003 requires a building surveyor to be
appointed as a certifier before doing building certification work. It also
restricts the building certification work certain building surveyors may do
depending on their occupation class.
(1) A drainer is an entity that provides, has provided or
proposes to provide a sanitary drainage service.
(2) A sanitary drainage service is the doing or supervision
of sanitary drainage work.
(3) In this section:
sanitary drainage work—see Water and Sewerage Act
2000, dictionary.
11 What
is an electrician?
(1) An electrician is an entity that provides, has provided
or proposes to provide electrical wiring services.
(2) An electrical wiring service is the doing or supervision
of electrical wiring work.
(3) In this section:
electrical wiring work—see the Electricity
Safety Act 1971, dictionary.
(1) A gasfitter is an entity that provides, has provided or
proposes to provide a gasfitting service.
(2) A gasfitting service is the doing or supervision of
gasfitting work.
(3) In this section:
gasfitting work—see the Gas Safety Act 2000,
dictionary.
(1) A plumber is an entity that provides, has provided or
proposes to provide a plumbing service.
(2) A plumbing service is the doing or supervision
of—
(a) sanitary plumbing work; or
(b) water supply plumbing work.
(3) In this section:
sanitary plumbing work—see Water and Sewerage Act
2000, dictionary.
water supply plumbing work—see Water and Sewerage
Act 2000, dictionary.
14 What
is a plumbing plan certifier?
(1) A plumbing plan certifier is an entity that provides a
plumbing plan certification service.
(2) A plumbing plan certification service is the doing of
plumbing plan certification work.
(3) In this section:
plumbing plan certification work means anything a certifier
appointed under the Water and Sewerage Act 2000 may or must do under that
Act.
15 Classes
of construction occupations
The regulations may divide a construction occupation into
classes.
16 What
is an operational Act?
Each of the following is an operational Act:
• Building Act 2003
• Electricity Safety Act 1971
• Gas Safety Act 2000
• Utilities Act 2000
• Water and Sewerage Act 2000.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
Part
3 Construction practitioners
licences
Note about application of the Mutual Recognition Act 1992 (Cwlth)
and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth)
These Commonwealth Acts allow people licensed in certain occupations in a
local jurisdiction to carry on the occupations in another local jurisdiction and
provide an alternate way of applying for licences in the ACT or another local
jurisdiction. Because of the Self-Government Act, s 28, the requirements for
licences under this Act cannot validly require anything of people being licensed
under the Commonwealth Acts that would be inconsistent with those Acts.
Accordingly, provisions of this Act, such as the requirements for applications,
do not apply to the licensing of people under the Commonwealth Acts. Also, the
Commonwealth Acts set out when conditions may be placed on people licensed under
those Acts. For more information, see the Commonwealth Acts.
(1) An individual, corporation or partnership may apply to the registrar
to be licensed in a construction occupation or, for a construction occupation
that is divided into classes, in an occupation class.
Note 1 If a form is approved under s 126 for an application, the
form must be used.
Note 2 A fee may be determined under s 125 for this
section.
Note 3 A person’s entitlement to apply for a licence may be
affected by a disqualification (see s 96 (3)).
(2) However, a corporation or partnership may apply under
subsection (1) in relation to a construction occupation or occupation class
only if the regulations allow a corporation or partnership to be licensed in the
occupation or class.
(3) The regulations may prescribe the requirements for
applications.
(4) If this Act or the regulations prescribe requirements for
applications, the registrar need not consider an application that does not
comply with the requirements.
18 Eligibility
for licence
(1) The regulations may prescribe when an entity is eligible, or not
eligible, to be licensed in a construction occupation or occupation class,
including the qualifications the entity must have to be eligible to be licensed
in the occupation or class.
(2) The regulations may prescribe how an applicant may, or must,
demonstrate that the applicant satisfies a requirement in relation to an
application.
Examples
1 by requiring the applicant to hold a qualification
2 by requiring the applicant to pass a practical or written test
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
19 Decision
on licence application
(1) If an entity applies for a licence for a construction occupation or
occupation class, the registrar must issue, or refuse to issue, the
licence.
(2) However, the registrar may issue a licence other than the licence
applied for if—
(a) the applicant is not eligible for the licence applied for;
and
(b) the applicant is eligible for the other licence; and
(c) the licence issued is in the same construction occupation as, but a
different occupation class from, the licence applied for; and
(d) the applicant agrees to the issue of the licence.
(3) The registrar must refuse to issue a licence for a construction
occupation or occupation class to an applicant if—
(a) the registrar is not satisfied that the applicant is eligible to be
licensed in the occupation or class; or
(b) the applicant is disqualified from holding a licence under section 96
(Licence disqualification).
(4) If disciplinary action against an applicant or a nominee of an
applicant is being taken under this Act, the registrar need not decide whether
to licence the applicant until the disciplinary action, and any appeal or review
arising from the disciplinary action, is finished.
20 Multiple
occupations, classes and authorisation
(1) A licence may authorise the licensee to provide construction services
in 1 or more construction occupations and 1 or more occupation
classes.
(2) A licence authorises the licensee to provide construction services in
each construction occupation or occupation class to which it relates, subject to
any condition, and in accordance with any endorsement, on the licence.
(1) The regulations may prescribe—
(a) conditions on licences; and
(b) when conditions on licences (whether imposed under the regulations or
by the registrar) take effect.
(2) The registrar may amend a licence by putting a condition on the
licence, or by amending or cancelling a condition the registrar has put on the
licence, at any time by written notice given to the licensee, unless the
regulations provide otherwise.
(3) The registrar may amend a licence by putting a condition on the
licence, or amending the licence, only if satisfied that it is necessary or
desirable to protect the public.
22 Endorsements
on licences
(1) The registrar may, in accordance with the regulations, endorse a
licence.
(2) An endorsement authorises the licensee to provide a stated kind of
construction service that the licensee would not otherwise be allowed to provide
under the licence.
(1) A licence must be signed by the registrar and contain the following
details in relation to the licensee:
(a) the licensee’s full name;
(b) each construction occupation, and occupation class (if any), in which
the licensee is licensed;
(c) a unique identifying number (the licence number) for
each construction occupation and occupation class in which the licensee is
licensed.
Note A licence may be endorsed under s 22.
(2) The regulations may require or allow other information to be included
on a licence.
The regulations may prescribe the maximum period for which a licence is
issued or renewed.
(1) A licensee may apply to the registrar for renewal of the licence
before the licence term ends.
(2) The registrar must renew a licence on application if satisfied that
the applicant would be eligible to be licensed if the application were for a new
licence of the same kind.
(3) The renewal of a licence begins on the day after the licence being
renewed ends.
(4) A suspended licence may be renewed, but the renewed licence is
suspended until the suspension ends.
26 Voluntary
licence cancellation
The registrar must cancel a licensee’s licence if—
(a) the licensee asks, in writing, for the cancellation; and
(b) the licensee gives the licence to the registrar or satisfies the
registrar that the licence has been lost, stolen or destroyed; and
(c) the registrar is satisfied that—
(i) the licensee cannot exercise his or her functions because of mental or
physical incapacity; or
(ii) another licensee is to take over the licensee’s functions in
relation to construction services that have not been completely provided;
or
(iii) it is otherwise appropriate to approve the cancellation.
27 Meaning
of mandatory requirement for div 3.2
In this division:
mandatory requirement of the nominee means a written
requirement by the nominee that the corporation or partnership do something, or
not do something, in compliance with, or to achieve compliance with, this Act or
an operational Act.
28 Nominees
of corporations and partnerships
(1) A corporation or partnership is eligible to be licensed only if it
complies with subsection (2) or (3).
(2) The corporation or partnership complies with this subsection
if—
(a) it has a single nominee appointed by it; and
(b) the nominee is responsible for the supervision of the construction
services provided by it.
(3) The corporation or partnership complies with this subsection
if—
(a) it has 2 or more nominees appointed by it; and
(b) each nominee is responsible for the supervision of different
construction services (whether in a different construction occupation or
occupation class or otherwise) provided by it; and
(c) between them, the nominees are responsible for the adequate
supervision of all the construction services to be provided by the corporation
or partnership.
(4) A corporation or partnership may, in writing, appoint an eligible
individual to be a nominee.
(5) If the nominee is to be responsible for the adequate supervision of
only some of the construction services to be provided by the corporation or
partnership, the appointment must state the services for which the nominee is
responsible.
(6) For subsection (4), an individual is an eligible individual
if the individual—
(a) is eligible under the regulations to be appointed as a nominee;
and
(b) is licensed in the construction occupation and occupation class (if
any) appropriate for each of the construction services for which the individual
is to be responsible; and
(c) agrees in writing to the appointment.
(7) A nominee of a corporation or partnership automatically stops being a
nominee if the nominee—
(a) ceases to be eligible under the regulations to be appointed as a
nominee; or
(b) ceases to be licensed in a construction or occupation class (if any)
appropriate for any of the construction services for which the nominee is
responsible.
29 Resignation
of nominee
(1) A nominee of a corporation or partnership may resign his or her
appointment only with the registrar’s approval.
(2) The registrar may approve the resignation of the nominee only if
satisfied that—
(a) the corporation or partnership has refused to comply with a mandatory
requirement of the nominee; or
(b) the nominee cannot exercise his or her functions because of mental or
physical incapacity; or
(c) the nominee, or entity that appointed the nominee, has arranged for
another nominee to take over the nominee’s functions; or
(d) it is otherwise appropriate to approve the resignation.
30 Revocation
of nominee’s appointment
(1) A corporation or partnership may revoke a nominee’s appointment
only with the registrar’s approval.
(2) The registrar may approve the revocation of the nominee’s
appointment only if satisfied that—
(a) the nominee cannot exercise his or her functions because of mental or
physical incapacity; or
(b) the nominee, or entity that appointed the nominee, has arranged for
another nominee to take over the nominee’s functions; or
(c) it is otherwise appropriate to approve the resignation.
(1) A nominee of a licensed corporation or partnership has the following
functions:
(a) to supervise the construction services of the corporation or
partnership for which the nominee is responsible (the relevant
construction service);
(b) to ensure that the relevant construction services comply with this Act
and the operational Acts.
(2) The nominee commits an offence if the nominee fails
to—
(a) adequately supervise the relevant construction services; or
(b) ensure that the relevant construction services comply with this Act
and the operational Acts.
Maximum penalty: 50 penalty units.
(3) The licensed corporation or partnership commits an offence if the
nominee fails to—
(a) adequately supervise the relevant construction services; or
(b) ensure that the relevant construction services comply with this Act
and the operational Acts.
Maximum penalty: 50 penalty units.
(4) It is a defence to a prosecution for an offence against this section
if the nominee proves that the nominee had—
(a) given the nominee’s corporation or partnership a mandatory
requirement and written notice that the nominee had given a copy of the
requirement to the registrar; and
(b) given the registrar a copy of the mandatory requirement.
(5) An offence against this section is a strict liability
offence.
32 Legislation
Act and nominee appointments
The Legislation Act, part 19.3 (Appointments) does not apply to the
appointment of a nominee of a corporation or partnership.
Part
4 Rectification orders and other
obligations on licensees
33 Meaning
of authorised action and authorised licensee in pt
4
In this part:
authorised action, for an authorised licensee, means what the
licensee is authorised to do under section 40 (Failure to comply with order) or
section 41 (Action on emergency rectification order).
authorised licensee means a licensee authorised under section
40 or section 41.
34 Intention
to make rectification order
(1) This section applies if the registrar believes on reasonable grounds
that—
(a) a licensee or former licensee (the entity) has provided
a construction service otherwise than in accordance with this Act or an
operational Act; and
(b) it may be appropriate to make a rectification order.
Examples of licensee or former
licensee
1 a licensed builder does building work
2 a drainer who was licensed, does sanitary drainage work while
unlicensed
3 a licensed gasfitter does gasfitting work and then becomes
unlicensed
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The registrar may give the entity, and the land owner in relation to
whose land the construction service was provided, a written notice
that—
(a) gives details of the rectification order that may be made;
and
(b) explains why the registrar intends to make the order; and
(c) invites submissions about the making of the order within the time
stated in the notice that is not less than 5 working days after the day the
entity or land owner receives the notice.
35 When
rectification order may be made
(1) This section applies if—
(a) the registrar has given an entity (other than the land owner) notice
under section 34; and
(b) after considering any submissions made within the time mentioned in
the notice, the registrar is satisfied—
(i) the entity is contravening, or has contravened, this Act or an
operational Act; and
(ii) it is appropriate to make a rectification order in relation to the
entity.
(2) The registrar may make an order under section 37 (Rectification
orders) in relation to the entity.
(3) However, the registrar may not make an order under section 37 in
relation to the entity if a submission is made that satisfies the registrar that
the act that caused the contravention happened, or ended, more than 10 years
before the day the registrar proposes to make the order.
Example of
contravention
A builder built a house without a building approval. The registrar is
satisfied that the building of the house started 12 years ago and finished 9
years ago. The registrar may make a rectification order in relation to the
construction service of building the house.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
36 Rectification
order inappropriate
(1) This section applies if the registrar—
(a) has given an entity (other than the land owner) notice under section
34 (Intention to make rectification order); and
(b) after considering any submissions made within the time mentioned in
the notice, is satisfied that the entity is contravening or has contravened this
Act or an operational Act; and
(c) is not satisfied that it is appropriate to make a rectification order
in relation to the entity because of the relationship between the entity and the
land owner.
(2) The Territory may, in writing, authorise a licensee to enter the land
where the work to which the notice under section 34 related was to be done
and—
(a) take the action stated in the notice; or
(b) start or finish the work stated in the notice.
(3) The authorised licensee must—
(a) give the owner of the land written notice that the licensee intends to
enter the land at least 24 hours before the licensee enters the land;
and
(b) give a copy of the notice to the entity before entering the
land.
(4) However, the Territory must not authorise someone
until—
(a) if the entity applied for review of the decision to authorise a
licensee under this section within the period for review (the review
period) of the decision allowed under the Administrative Appeals
Tribunal Act 1989—the review is finally disposed of; or
(b) the review period has ended.
(5) The entity is liable for the reasonable cost incurred in doing
anything under subsection (2) and the cost is taken to be a debt owing to the
Territory.
(1) The registrar may make an order (a rectification order)
in relation to an entity requiring the entity—
(a) to take stated action to rectify work done as part of a construction
service; or
(b) to demolish a building or part of a building where a construction
service has been provided and provide the construction service under this Act or
an operational Act; or
(c) to start or finish stated work in relation to which a construction
service has been, is being or was proposed to be provided.
(2) If the entity is not licensed to do something required to be done
under the order, the entity must arrange, and pay for, the thing to be
done.
(3) The rectification order must state a period within which what is
required to be done must be done.
(4) The stated period for a rectification order other than an emergency
rectification order must not be less than 1 month after the day the
rectification order is given to the entity.
Note Details of the rectification order must be included in the
register (see s 106).
(5) A copy of the rectification order must be given to the land
owner.
38 Emergency
rectification order
(1) The registrar may make a rectification order (an emergency
rectification order) under section 37 in relation to a licensee or
former licensee (the entity), without giving the entity notice
under section 34, if the registrar is satisfied that—
(a) the entity has provided a construction service other than in
accordance with this Act or an operational Act; and
(b) it is appropriate to make a rectification order; and
(c) it is not appropriate to give notice under section 34 of the
registrar’s intention to make a rectification order because the need to
act promptly to protect the health or safety of people, public or private
property or the environment, outweighs the importance of giving the notice
before making an order.
(2) A rectification order that is an emergency rectification order must
also include the following:
(a) a statement explaining that the order is an emergency rectification
order;
(b) a statement explaining that, if the thing ordered to be done is not
done within the period (the completion period) stated in the
order—
(i) the Territory may authorise a licensee to enter the land where the
thing is to be done to do the thing ordered; and
(ii) neither the Territory nor the authorised licensee need give the land
owner or entity against whom the order is made further notice of the authorised
licensee doing the thing on the land; and
(iii) the entity against which the order has been made will be liable for
the reasonable cost incurred in doing the thing ordered.
(3) The completion period must not be less than 24 hours.
39 Rectification
order offence
(1) A person commits an offence if the person intentionally fails to
comply with a rectification order given to the person.
Maximum penalty: 200 penalty units.
(2) Each partner commits an offence if—
(a) the partnership is given a rectification order; and
(b) the partners, or some of them, intentionally fail to comply with the
rectification order.
Maximum penalty: 200 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2)
if the partner proves—
(a) that—
(i) the partner did not know about the failure to comply;
and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other partners
in relation to the failure to comply.
40 Failure
to comply with order
(1) This section applies if an entity (the ordered entity)
in relation to whom a rectification order is made contravenes the rectification
order.
(2) The Territory may, in writing, authorise a licensee to enter the land
where the work to which the rectification order relates is to be done
and—
(a) take the action stated in the rectification order; or
(b) start or finish the work stated in the rectification order.
(3) The authorised licensee must—
(a) give the owner of the land written notice that the licensee intends to
enter the land at least 24 hours before the licensee enters the land;
and
(b) give a copy of the notice to the ordered entity before entering the
land.
(4) However, the Territory must not authorise someone
until—
(a) if the ordered entity applied for review of the decision within the
period for review (the review period) of the decision to make the
rectification order allowed under the Administrative Appeals Tribunal Act
1989—the review is finally disposed of; or
(b) the review period has ended.
(5) The ordered entity is liable for the reasonable cost incurred in doing
anything under subsection (2) and the cost is taken to be a debt owing to the
Territory.
41 Action
on emergency rectification order
(1) This section applies if—
(a) the registrar has made an emergency rectification order; and
(b) the emergency rectification order includes the information mentioned
in section 38 (2); and
(c) the ordered entity has contravened the order.
(2) The Territory may, in writing, authorise a licensee to enter the land
where the work to which the rectification order is to be done
and—
(a) take the action stated in the rectification order; or
(b) start or finish the work stated in the rectification order.
(3) The ordered entity is liable for the reasonable cost incurred in doing
anything under subsection (2) and the cost is taken to be a debt owing to the
Territory.
42 Hindering
or obstructing authorised licensee
(1) An entity commits an offence if—
(a) the entity knows someone is an authorised licensee; and
(b) the entity hinders or obstructs the authorised licensee in the
exercise of an authorised action.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Strict liability applies to subsection (1) (b).
43 Damage
etc by authorised licensee to be minimised
(1) In the exercise of an authorised action, an authorised licensee must
take reasonable steps to ensure that the licensee, and anyone helping the
licensee, causes as little inconvenience, detriment and damage as is
practicable.
(2) If an authorised licensee, or a person assisting an authorised
licensee, damages anything in the exercise or purported exercise of a function
under this part, the authorised licensee must give written notice of the
particulars of the damage to the person whom the authorised licensee believes on
reasonable grounds is the owner of the thing.
(3) If the damage occurs on premises entered under this part in the
absence of the occupier, the notice may be given by securing it in a conspicuous
place on the premises.
(1) A person may claim reasonable compensation from the Territory if the
person suffers loss or expense because of the exercise, or purported exercise,
of a function under this part by an authorised licensee or person assisting an
authorised licensee.
(2) Compensation may be claimed and ordered in a proceeding
for—
(a) compensation brought in a court of competent jurisdiction;
or
(b) an offence against this Act brought against the person making the
claim for compensation.
(3) A court may order the payment of reasonable compensation for the loss
or expense only if it is satisfied it is just to make the order in the
circumstances of the particular case.
(4) The regulations may prescribe matters that may, must or must not be
taken into account by the court in considering whether it is just to make the
order.
45 Protection
of authorised licensees from liability
(1) An authorised licensee does not incur civil liability for an
authorised action done honestly for this Act.
(2) A civil liability that would, apart from this section, attach to the
authorised licensee attaches instead to the Territory.
(3) This section does not prevent disciplinary action being taken against
an authorised licensee in relation to an authorised action done by the
licensee.
46 Licensee
to give evidence of insurance
(1) Before providing a construction service to a person (the
client), a licensee must give the client evidence of what
insurance the licensee holds in relation to the service the licensee is to
provide.
(2) The licensee may ask the client to sign an acknowledgment that the
client has been told about the licensee’s insurance.
(3) The acknowledgment must state the time and date it was
given.
Note If a form is approved under s 126 for an acknowledgment, the
form must be used.
(4) If the client signs the acknowledgment, the licensee must immediately
give the client a copy of it.
(5) The registrar may assume that the client was not told about the
insurance the licensee holds if—
(a) a question arises whether the client was told about the
licensee’s insurance; and
(b) an acknowledgment under this section is not produced; and
(c) it is not proved that the licensee told the client about the
insurance.
(6) The licensee is taken to have given evidence of what insurance the
licensee holds before providing a construction service to a person if the
licensee advertised the insurance held at the time of providing the services in
a way likely to come to the attention of the client.
Example of advertising insurance
held
1 Including details of insurance in the telephone directory, if the details
are correct at the time the service is provided.
2 Having details of insurance on the vehicle used to provide the service or
transport to the location to provide the service, if the details are correct at
the time the service is provided.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(7) In this section:
evidence of insurance includes a fidelity
certificate.
fidelity certificate—see the Building Act 2003,
section 84.
Part
5 Automatic licence suspension and
disciplinary action
Division
5.1 Automatic licence
suspension
47 Automatic
suspension of individual licence
(1) This section applies to an individual who is licensed.
(2) The individual’s licence is automatically suspended if the
individual—
(a) provides, or proposes to provide, a construction service for a fee;
and
(b) becomes bankrupt or applies to take the benefit of any law for the
relief of insolvent debtors.
(3) However, if the individual is a nominee or employee of a licensed
entity the licence is not suspended.
Note The regulations impose a condition on the individual’s
licence.
48 Automatic
suspension of corporate licence
(1) This section applies to a corporation that is licensed.
(2) The corporation’s licence is automatically suspended if the
licensee—
(a) enters into a winding-up; or
(b) is found guilty, whether in the ACT or anywhere else, of an offence
that—
(i) involves fraud, dishonesty or violence; and
(ii) is punishable by imprisonment for at least 1 year.
49 Automatic
suspension of partnership licence
(1) This section applies to a partnership that is licensed in a
construction occupation or occupation class.
(2) The partnership’s licence in the construction occupation or
occupation class is automatically suspended if—
(a) a partner’s licence in the same occupation or class is suspended
or cancelled; or
(b) a partner who is not a licensee is found guilty, whether in the ACT or
anywhere else, of an offence that—
(i) involves fraud, dishonesty or violence; and
(ii) is punishable by imprisonment for at least 1 year.
50 Automatic
suspension of building surveyors licence
(1) This section applies if a person who is a licensed building surveyor
stops being eligible to be a building surveyor because the person is not insured
in accordance with the regulations.
(2) The person’s building surveyors licence is automatically
suspended when the insurance cover stops.
51 Automatic
suspension of plumbing plan certifiers licence
(1) This section applies if a person who is a licensed plumbing plan
certifier stops being eligible to be a plumbing plan certifier because the
person is not insured in accordance with the regulations.
(2) The person’s plumbing plan certifiers licence is automatically
suspended when the insurance cover stops.
52 End
of automatic licence suspension
(1) This section applies if the licence of a construction practitioner has
been automatically suspended under 1 or more of the following
sections:
• section 47 (Automatic suspension of individual licence);
• section 48 (Automatic suspension of corporate licence);
• section 49 (Automatic suspension of partnership licence);
• section 50 (Automatic suspension of building surveyors
licence);
• section 51 (Automatic suspension of plumbing plan certifiers
licence).
(2) The registrar must revoke the suspension if satisfied that the cause
of the suspension no longer exists.
(3) The registrar may revoke the suspension if satisfied that the
circumstance that caused the suspension will not put consumers of the
construction practitioner’s construction services at a greater risk from
using the services than if the thing had not happened.
(4) A revocation must be in writing given to the licensee.
(5) The suspension ends 3 months after the day it begins, unless otherwise
revoked.
Note The suspension on a licence may be held over to a new licence
if the suspended licence expires without being renewed (see s 63).
Division
5.2 Disciplinary action by
registrar
(1) Each of the following is a disciplinary ground in
relation to a licensee:
(a) the licensee, or a nominee or employee of the licensee, contravened,
or is contravening, this Act or an operational Act (including a direction given
to the licensee under an operational Act);
(b) the licensee, knowingly or recklessly, gave someone information in
relation to a construction service provided, or to be provided, by the licensee
that was false or misleading in a material particular;
(c) the licensee or a director, partner or nominee of the licensee, has
been found guilty, whether in the Territory or anywhere else, of an offence
that—
(i) involves fraud, dishonesty or violence; and
(ii) is punishable by imprisonment for at least 1 year;
(d) if the licensee is an individual—the licensee has compounded
with creditors or made an assignment of remuneration for their
benefit;
(e) if the licensee is a corporation—
(i) the licensee enters into a scheme of arrangement; or
(ii) a receiver, manager, receiver and manager or administrator is
appointed over the licensee or any of its assets;
(f) if the licensee is a corporation or partnership—the licensee
has, or had, no nominee;
(g) the licensee’s licence has been automatically suspended under
division 5.1 (Automatic licence suspension) and the cause of the suspension
still exists.
(2) In subsection (1) (a), a reference to a contravention of this Act or
an operational Act includes a reference to the following:
(a) a contravention of the Criminal Code, part 2.4 (Extensions of criminal
responsibility) in relation to an offence against this Act or an operational Act
or otherwise in relation to this Act or an operational Act;
(b) a contravention of the Criminal Code in relation to a document given,
or required to be given, under this Act or an operational Act;
(c) a contravention of the Criminal Code in relation to anything done, or
not done, under this Act or an operational Act.
(3) A disciplinary ground applies to a former licensee if the disciplinary
ground applied to the former licensee while licensed.
54 When
disciplinary notice may be given
If the registrar is satisfied that a disciplinary ground exists, or may
exist, in relation to a licensee or former licensee, the registrar may give the
licensee or former licensee a disciplinary notice.
(1) A notice (a disciplinary notice) given to a licensee or
former licensee must—
(a) state each disciplinary ground which caused the notice to be given;
and
(b) if the disciplinary ground is that the licensee, or a nominee or
employee of the licensee, contravened, or is contravening, this Act or an
operational Act (including a direction given to the licensee under an
operational Act)—describe the contravention or, if a short description is
prescribed under the regulations for the contravention, give the short
description; and
(c) if the disciplinary ground is not the ground mentioned in paragraph
(b)—state details of each ground that the registrar is satisfied would
allow a reasonable person to identify the circumstances that give rise to the
ground; and
(d) tell the licensee or former licensee that he or she may, within 12
business days after the day the licensee is given the notice, give a written
response to the registrar about the matters in the notice.
(2) If a notice mentions a ground based on a construction service provided
or not provided, or alleged to have been provided or not provided, the registrar
may, and must if asked, give a copy of the notice to—
(a) the owner of any premises to which the service relates; and
(b) to any certifier appointed under the Building Act 2003,
section 19 (Appointment of certifiers) in relation to the
service.
56 Interim
licence suspension
(1) This section applies if the registrar has given, or proposes to give,
a disciplinary notice to a licensee.
(2) The registrar may suspend (an interim suspension) the
licensee’s licence by written notice given to the licensee.
Note For how documents may be served, see Legislation Act,
pt 19.5. Under that part, a person’s business address is the last
address shown in the administering authority’s records for the person (see
Legislation Act, s 246, def business address).
(3) However, the registrar may only suspend the licence under subsection
(2) if—
(a) the registrar has taken into account the circumstances leading to the
decision to send the disciplinary notice and the grounds stated, or to be
stated, in the notice; and
(b) the registrar believes, on reasonable grounds, that it is in the
public interest to suspend the licence before making a decision under section
59.
(4) An interim suspension may be for a period of 2 weeks or shorter, but
may be extended once for 1 week if the registrar is satisfied that it is in the
public interest to extend the suspension.
Note An interim suspension must be recorded on the register (see s
108).
57 Effect
of interim suspension
(1) This section applies if the registrar suspends a licence under
section 56.
(2) The licence is suspended as soon as the licensee receives the
notice.
(3) The suspension ends when the earlier of the following
happens:
(a) the licensee receives a notice of revocation under section
58;
(b) the registrar makes a decision under section 59 in relation to the
licensee.
58 Revocation
of interim suspension
(1) This section applies if the registrar suspends a licence under
section 56 (Interim licence suspension).
(2) The registrar may, at any time before making a decision under section
59, revoke the suspension by written notice given to the licensee.
(3) If the registrar revokes the suspension of a licensee licensed as a
builder, the registrar must notify in writing each person notified of the
suspension under section 61.
59 Decision
about disciplinary action
(1) This section applies if the registrar has given a licensee or former
licensee a disciplinary notice.
(2) The registrar may take disciplinary action in relation to the licensee
or former licensee if satisfied on reasonable grounds that a disciplinary ground
is established in relation to the licensee or former licensee.
Note The registrar may also take action under s 93 (2)
(c).
(3) In making a decision about whether to take disciplinary action in
relation to the licensee or former licensee, the registrar—
(a) must take into account any response given to the registrar in
accordance with the disciplinary notice; and
(b) may hold an inquiry under division 5.3 (Disciplinary
inquiries).
(4) If the registrar takes disciplinary action against a licensee or
former licensee—
(a) the registrar must notify the licensee or former licensee in writing
about the registrar’s decision; and
(b) the action takes effect when the notice is given to the licensee or
former licensee or on the later date stated in the notice.
(1) If the registrar may take disciplinary action in relation to a
licensee or former licensee, the registrar may do 1 or more of the
following:
(a) reprimand the licensee or former licensee;
(b) require the licensee, or, if the licensee is a corporation or
partnership, a nominee of the licensee, to complete a stated course of training
to the satisfaction of the registrar or another stated person;
(c) impose a condition on the licence, or amend an existing
condition;
(d) order the licensee to pay to the Territory a financial penalty of not
more than $1 000;
(e) suspend the licence for a stated period (whether longer than the
remaining period of the licence or otherwise) or until a stated thing
happens;
(f) cancel the licence;
(g) cancel the licence and disqualify the licensee from applying for a
licence for a stated period or until a stated thing happens;
(h) disqualify the former licensee from applying for a licence for a
stated period, until the former licensee completes a stated course to the
satisfaction of the registrar or another stated person or until a stated thing
happens.
(2) If the registrar orders a licensee to pay a financial penalty under
subsection (1) (d), the licensee owes the amount of the financial penalty to the
Territory.
Note Legislation Act, s 177 provides for recovery of amounts owing
under laws.
61 Builders
licence affected by disciplinary or other action
(1) This section applies if a licensee has a builders licence
and—
(a) the registrar becomes aware that the licence has been automatically
suspended under division 5.1; or
(b) the registrar suspends the licence under section 56 (Interim licence
suspension); or
(c) disciplinary action is taken against the licensee under
section 60 (1) (c), (e), (f) or (g) in relation to the licence.
(2) The registrar must notify each building certifier, in writing, about
the disciplinary action or other action taken in relation to the licence as soon
as practicable.
(3) The registrar must notify each building certifier, in writing,
if—
(a) the registrar notified the building certifiers about the taking of
disciplinary action or other action; and
(b) the decision to take the action is reversed or the action is reversed,
stayed, varied or set aside.
62 Public
notice of decision
(1) If the registrar decides to take disciplinary action against a
licensee or former licensee, the registrar may notify the public of the matters
prescribed under the regulations by publishing details of those matters in
relation to the decision in a daily ACT newspaper and in any other way the
registrar considers appropriate.
(2) However, the decision may be publicly notified only
if—
(a) the time for any review of the decision has ended and no application
for appeal or review has been made; or
(b) an application for review has been made, the decision has been
confirmed on review and the time for further appeal has ended.
(3) If the decision has been reversed or vacated, the decision must not be
publicly notified.
(4) If the decision has been changed (for example, by substitution), this
section applies in relation to the decision as changed.
63 Effect
of non-renewal on suspended licence
(1) This section applies if—
(a) a licence (the original licence) for a construction
occupation or occupation class has been suspended for a period; and
(b) the original licence expires before the end of the suspension period
without being renewed; and
(c) the entity that was the licensee is issued with a licence (the
new licence) in the same construction occupation or occupation
class within 3 years after the day the original licence expired.
(2) The new licence is suspended for the remainder of the suspension
period.
Division
5.3 Disciplinary
inquiries
(1) If the registrar decides to hold an inquiry in relation to a licensee
or former licensee under section 59 (3), the registrar must give the licensee or
former licensee at least 2 weeks written notice of the inquiry.
(2) A notice under subsection (1) must—
(a) be accompanied by a copy of the disciplinary notice given to the
licensee or former licensee; and
(b) state whether the registrar considers that any disciplinary ground no
longer applies, or has changed, because of any written response made by the
licensee or former licensee and, if a ground has changed, how the ground has
changed; and
(c) explain that the inquiry may result in the taking of disciplinary
action against the licensee or former licensee; and
(d) tell the licensee or former licensee where and when the inquiry will
be held.
Note If a form is approved under s 126 for a notice, the form must
be used.
(1) The registrar may decide any procedure for an inquiry that is not
prescribed under this Act.
(2) The registrar may adjourn an inquiry.
(1) At an inquiry, the registrar—
(a) may take evidence on oath or affirmation; and
(b) is not bound by rules of evidence but may inform himself or herself in
the way the registrar considers appropriate.
(2) At an inquiry, a licensee or former licensee whose actions are being
inquired into may call witnesses.
67 Legal
representation at inquiry
(1) A licensee or former licensee may be represented at an inquiry by a
lawyer who may examine witnesses and address the registrar on behalf of the
licensee or former licensee.
(2) The registrar may appoint a lawyer to examine witnesses in an inquiry
and advise the registrar on any matter relating to the inquiry.
68 Advisory
board assistance at inquiry
(1) This section applies if the registrar is satisfied that a matter to be
considered at an inquiry in relation to a licensee or former licensee is complex
or technical.
(2) The registrar may require the advisory board responsible for the
construction occupation in which the licensee is, or former licensee was,
licensed to advise the registrar in relation to the complex or technical
issues.
69 Registrar
may require appearance, information or documents
(1) For an inquiry, the registrar may require, in writing, a person to
appear before the inquiry on a stated date—
(a) to give evidence; or
(b) to give evidence and produce any document or thing in the possession,
custody or control of the person; or
(c) to produce any document or thing in the possession, custody or control
of the person.
(2) The registrar may give a party to the inquiry leave, subject to any
stated condition, to—
(a) inspect a document or thing produced under this section; and
(b) make copies of a produced document for the inquiry.
(3) A person is taken to have complied with a requirement under subsection
(1) (c) if the person delivers the document or thing to the registrar before the
date stated in the requirement.
(4) The registrar may set aside a requirement under subsection
(1).
(5) A person commits an offence if the person fails to comply with a
requirement made of the person under section 69 (Registrar may require
appearance, information or documents).
Maximum penalty: 50 penalty units.
(6) An offence against this section is a strict liability
offence.
(1) A requirement under section 69 (1) (a) or (b) must be accompanied
by—
(a) an undertaking to appear to be signed by the person and returned to
the registrar by the stated date; and
(b) a form to be completed by the person to claim the reasonable costs and
expenses of attendance at the inquiry.
(2) A person is not entitled to refuse to comply with the requirement
because the requirement was not accompanied by the form.
Division
5.4 Miscellaneous
71 Multiple
occupation or class licences
If a licensee is licensed in more than 1 construction occupation or more
than 1 occupation class, the licence may be suspended or cancelled, or a
condition varied or imposed, under this part in relation to a single occupation
or occupation class, or each occupation or class, as the registrar considers
appropriate.
Note A licence may authorise the licensee to work in 1 or more
construction occupations and 1 or more occupation classes (see s 20).
72 Requirement
to return surrendered licence
(1) This section applies if an entity surrendered the entity’s
licence because the licence was suspended.
(2) The registrar must return the licence to the licensee no later than
the last day of the suspension.
(3) If the licence is varied during the suspension, the licence as varied
must be returned.
(4) However, the registrar need not return the licence if the licence
expires, or is cancelled, during the suspension.
73 Meaning
of compliance auditor for pt 6
In this part:
compliance auditor means a compliance auditor appointed under
section 74.
(1) The registrar may appoint a public servant to be a compliance auditor
for this Act.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) An appointment must not be for longer than 5 years.
Note A person may be reappointed to a position if the person is
eligible to be appointed to the position (see Legislation Act, s 208 and
dict, pt 1, def appoint).
75 Role
of compliance auditor
(1) A compliance auditor is responsible for auditing the forms and other
paperwork required to be provided by licensees for this Act and the operational
Acts.
(2) A compliance auditor has any other function given to the compliance
auditor by the registrar.
(1) The registrar must issue a compliance auditor with an identity card
that states the person is a compliance auditor for this Act, or stated
provisions of this Act, and shows—
(a) a recent photograph of the person; and
(b) the name of the person or the particulars that are prescribed under
the Magistrates Court Act 1930 as the identifying particulars for the
person (or both); and
(c) the date of issue of the card; and
(d) a date of expiry for the card; and
(e) anything else prescribed under the regulations.
(2) A person commits an offence if—
(a) the person ceases to be a compliance auditor; and
(b) the person does not return the person’s identity card to the
registrar as soon as practicable (but within 7 days) after the day the
person ceases to be a compliance auditor.
Maximum penalty: 1 penalty unit.
(3) An offence against this section is a strict liability
offence.
77 Functions
not to be exercised before identity card shown
A compliance auditor may exercise a function under this Act in relation to
a person only if the compliance auditor first shows the person his or her
identity card.
78 Functions
of compliance auditors
(1) A compliance auditor may, during ordinary business hours and with any
assistance that is necessary and reasonable, enter premises (other than
residential premises) used by a licensed construction practitioner.
(2) The compliance auditor is not authorised to remain on the premises if,
on request by or on behalf of the occupier or person apparently in charge of the
premises, the compliance auditor does not produce his or her identity
card.
(3) The compliance auditor may do 1 or more of the following in relation
to the premises:
(a) inspect any document on the premises that relates to the
licensee’s activities;
(b) take an extract from or make a copy of any document that relates to
the licensee’s activities;
(c) require anyone on the premises to give the compliance auditor
information about a document that relates to the licensee’s
activities;
(d) require a person apparently in charge of the premises—
(i) to produce a document that relates to the licensee’s activities;
or
(ii) to give the compliance auditor access to a computer on the premises
in which information relevant to the licensee’s activities is stored;
or
(iii) to print information mentioned in subparagraph (ii).
Examples of documents
plan, map, book, drawing
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) The occupier or person in charge of the premises must give the
compliance auditor all reasonable facilities and assistance the compliance
auditor needs for the effective exercise of his or her functions under this
section.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal
privilege.
79 Pretending
to be licensed
(1) A person commits an offence if the person—
(a) is not licensed in a construction occupation or occupation class;
and
(b) pretends to be licensed in the occupation or class.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) An offence against this section is a strict liability
offence.
(1) A corporation commits an offence if the corporation—
(a) advertises or otherwise offers to provide a service in a construction
occupation or occupation class; and
(b) does not have a nominee who has a licence that authorises the nominee
to provide the service.
Maximum penalty: 250 penalty units.
(2) Each partner in a partnership commits an offence if the
partnership—
(a) advertises or otherwise offers to provide a service in a construction
occupation; and
(b) does not have a nominee who has a licence that authorises the nominee
to provide the service.
Maximum penalty: 250 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (2)
if the partner proves that—
(a) the partner did not know about the advertising or other offer;
and
(b) either—
(i) reasonable precautions were taken and appropriate diligence was
exercised to avoid the advertising or other offer; or
(ii) the partner was not in a position to influence the partnership in
relation to the advertising or offers made by the partnership to provide the
construction service.
(4) An offence against this section is a strict liability
offence.
81 Advertising
without details
(1) A person commits an offence if the person—
(a) advertises that the person provides, or will provide, a service in a
construction occupation or occupation class; and
(b) does not include the following in the advertisement:
(i) the person’s name as recorded on the person’s licence;
(ii) the person’s licence number;
(iii) if the person is a corporation—the person’s
ACN.
Maximum penalty: 5 penalty units.
(2) An offence against this section is a strict liability
offence.
82 Certain
entities not to provide construction services
(1) A person commits an offence if the person—
(a) provides a service (whether as an employee or otherwise) in a
construction occupation or occupation class; and
(b) either—
(i) is not licensed in the occupation or class; or
(ii) there is no endorsement on the licence that authorises the person to
provide the service provided.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply if—
(a) an individual provides the service; and
(b) the individual is working under the supervision of a licensee whose
licence authorises the provision of the service; and
(c) the licensee is not required by a condition or endorsement on the
licence to provide the service as an employee or under supervision;
and
(d) the regulations allow the service to be provided by an individual
without a licence if provided under the supervision of a licensee.
(3) An offence against this section is a strict liability
offence.
83 Allowing
unlicensed people to provide construction service
(1) A person commits an offence if—
(a) the person engages someone else (the worker), or allows
an employee (the worker), to provide a construction service for
the person; and
(b) the worker is not licensed to provide the service; and
(c) the person is reckless about whether the worker is licensed to provide
the service.
Maximum penalty: 50 penalty units.
(2) This section does not apply to an individual who provides a service
if—
(a) the service is provided under the supervision of a licensee;
and
(b) the licensee is not required by a condition or endorsement on the
licence to provide the service as an employee or under supervision;
and
(c) the regulations allow the service to be provided by an individual
without a licence if provided under the supervision of a licensee.
(1) A person commits an offence if—
(a) the person’s licence has been suspended or cancelled;
and
(b) the person does not surrender the licence to the registrar within 2
weeks after the day of suspension or cancellation.
Maximum penalty: 5 penalty units.
(2) Each partner commits an offence if—
(a) the partnership’s licence has been suspended or cancelled;
and
(b) the licence is not surrendered to the registrar within 2 weeks after
the day of suspension or cancellation.
Maximum penalty: 5 penalty units.
(3) It is a defence to a prosecution for an offence against subsection (1)
or (2) if the defendant proves that the licence has been destroyed, lost or
stolen.
(4) It is a defence to a prosecution for an offence against subsection (2)
if the partner proves—
(a) that—
(i) the partner did not know about the failure to surrender the licence;
and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the failure; or
(b) that the partner was not in a position to influence the other partners
in relation to the failure to surrender the licence.
85 Breach
of licence conditions or codes
(1) A licensee commits an offence if the licensee contravenes a condition
of the licence.
Maximum penalty: 50 penalty units.
(2) Each partner in a partnership commits an offence if—
(a) the partnership is a licensee; and
(b) the licensee contravenes a condition of the licence.
(3) A person who is a licensee commits an offence if the person
contravenes a code of practice applicable to the person.
Maximum penalty: 50 penalty units.
(4) Each partner in a partnership commits an offence if the
partnership—
(a) is a licensee; and
(b) contravenes a code of practice applicable to the licensee.
Maximum penalty: 50 penalty units.
(5) It is a defence to a prosecution for an offence against subsection (2)
or (4) if the partner proves—
(a) that—
(i) the partner did not know about the contravention; and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the contravention; or
(b) the partner was not in a position to influence the other partners in
relation to the contravention.
(6) An offence against this section is a strict liability
offence.
86 Notification
of cancellation of insurance
(1) An insurer commits an offence if—
(a) the insurer provides a policy of insurance to a person who is, or is
applying to be, a licensed building surveyor or plumbing plan certifier;
and
(b) the insurance is required under the regulations for the person to be
eligible for the licence; and
(c) the insurer cancels the policy of insurance; and
(d) fails to give the registrar written notice of the cancellation within
3 days after the day of cancellation.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
Part
8 Demerit points
system
Note In this part, licensee has an extended meaning
(see s 87, def licensee).
In this part:
demerit disciplinary ground, in relation to a
licensee—
(a) means a disciplinary ground in relation to the licensee for which the
registrar may take disciplinary action under section 59 (Decision about
disciplinary action); but
(b) does not include a disciplinary ground if—
(i) the disciplinary ground is a contravention of this Act or an
operational Act; and
(ii) an infringement notice may be issued in relation to the
contravention.
demerit points register means the register under section
89.
disciplinary incident, for a demerit disciplinary ground,
means the circumstances that gave rise to the disciplinary ground.
infringement notice—see the Magistrates Court Act
1930, section 117.
licensee, in relation to a demerit disciplinary ground,
includes a person who was licensed when the disciplinary incident for the
demerit disciplinary ground happened.
88 Meaning
of previous 3 years for pt 8
(1) In this part:
previous 3 years, in relation to a licensee with demerit
points, means the 3 year period ending on the day the licensee last incurred a
demerit point.
(2) For this section, 3 year period does not include a
period of less than 3 years during which a licensee is unlicensed.
(3) Also, if a licensee incurs demerit points while unlicensed and becomes
licensed within 3 years after incurring them, for the purpose of working out the
3 year period in relation to the licensee the demerit points are
taken to have been incurred when the licensee next becomes licensed.
89 Recording
demerit points
(1) If a demerit disciplinary ground exists in relation to a licensee, the
registrar must record, in the demerit points register, against the licensee or
former licensee, and for the relevant construction occupation, the number of
demerit points prescribed under the regulations for the demerit disciplinary
ground.
(2) The demerit points must be recorded in the demerit points register for
the day when they are incurred.
(3) In this section:
relevant construction occupation, for a demerit disciplinary
ground, means—
(a) the construction occupation in relation to the disciplinary incident
happened; or
(b) if the disciplinary incident did not happen in relation to a
construction occupation—the main construction occupation in which the
licensee was providing construction services when the disciplinary incident
happened.
90 When
demerit points are incurred
(1) This section applies to demerit points to be recorded against a
licensee for a construction occupation in the demerit points register for a
demerit disciplinary ground.
(2) A demerit point is taken to have been incurred by the
licensee for the demerit disciplinary ground on the day when the registrar first
becomes aware of the disciplinary incident.
91 Deleting
demerit points
(1) This section applies to demerit points incurred by a licensee for a
construction occupation, recorded in the register and taken into account
for—
(a) a notice of licence suspension under section 95 or
(b) a notice of licence disqualification under section 96; or
(c) other disciplinary action allowed to be taken under
section 93 (2) (c).
(2) The demerit points are deleted from the register at the beginning of
the period of suspension or disqualification, or on the imposition of the
disciplinary action, relating to the licence for the construction
occupation.
(3) Subsection (2) does not prevent the registrar keeping a record of
deleted demerit points.
(1) This section applies if—
(a) the registrar records a demerit point against a licensee for a
construction occupation; and
(b) in the previous 3 years, the licensee has incurred at least
10 other demerit points for the construction occupation; and
(c) the registrar has not sent the licensee a notice under this section
within the 3 month period ending on the day the demerit point is
incurred.
(2) The registrar must tell the licensee in writing how many points the
licensee has and the effect of this part.
Note For how documents may be served, see Legislation Act,
pt 19.5.
(3) Failure to comply with subsection (2) does not affect the validity of
anything done by the registrar or a court.
93 Consequences
of incurring demerit points—licensees
(1) This section applies to a licensee if the licensee—
(a) has a licence; and
(b) incurred 15 or more demerit points for a construction occupation
within the previous 3 years.
(2) The registrar must consider the disciplinary incidents for which the
licensee incurred the demerit points and—
(a) serve a notice of licence suspension under section 95 on the licensee
in relation to the licensee’s licence in the construction occupation;
or
(b) serve a notice of licence disqualification under section 96 on the
licensee in relation to the licensee’s licence in the construction
occupation; or
(c) take any other disciplinary action against the licensee that the
registrar considers appropriate.
(3) In considering what action to take under subsection (2), the registrar
must take into account the following considerations:
(a) the need to protect public safety;
(b) the desirability of not allowing people to undertake work which they
are financially unable to complete;
(c) the regularity of the disciplinary incidents to which the demerit
points relate;
(d) the seriousness of the disciplinary incidents to which the demerit
points relate;
(e) the likelihood of further disciplinary incidents relating to the
licensee.
(4) The registrar may take into account any other relevant
consideration.
94 Consequences
of incurring demerit points—applicant for issue or renewal of
licence
(1) This section applies to a licensee if—
(a) the licensee applies to the registrar for a licence (including the
renewal of a licence) for a construction occupation; and
(b) the licensee has incurred 15 or more demerit points for the
construction occupation within the previous 3 years.
(2) The registrar may refuse the licensee’s application and serve a
notice of licence disqualification on the licensee under section 96.
(3) The registrar may only take action under subsection (2) if satisfied
that the public would be at risk if the licensee were allowed to provide the
construction services authorised by the licence.
(1) A notice of licence suspension served on a licensee by the registrar
under this section—
(a) must state the date of the notice; and
(b) must state each construction occupation or occupation class to which
the notice relates; and
(c) must state the date, at least 21 days after the day the notice is
served on the licensee, when the suspension of the licensee’s licence is
to begin; and
(d) must state the period of licence suspension; and
(e) must include any other information required under the regulations; and
(f) may include any additional information the registrar considers
appropriate.
Note For how documents may be served, see Legislation Act,
pt 19.5.
(2) The licensee’s licence is suspended for the period of licence
suspension.
(3) To remove any doubt, a licence may be suspended in relation to all
construction occupations or occupation classes it relates to.
96 Licence
disqualification
(1) A notice of licence disqualification served on a licensee by the
registrar under this section—
(a) must state the date of the notice; and
(b) must state each construction occupation or occupation class to which
the notice relates; and
(c) must state the date, at least 21 days after the day the notice is
served on the licensee, when the disqualification of the licensee to obtain a
licence is to begin (the date of effect); and
(d) if the licensee has a licence—must state that the licence is
cancelled on the date of effect; and
(e) must state the period of licence disqualification; and
(f) must include any other information required under the regulations; and
(g) may include any additional information the registrar considers
appropriate.
Note For how documents may be served, see Legislation Act,
pt 19.5.
(2) If the licensee has a licence, the licence is cancelled in relation to
each construction occupation or occupation class mentioned in the notice on the
date of effect.
(3) The licensee is disqualified from holding a licence in each
construction occupation or occupation class during the period of licence
disqualification and is not entitled to apply for, or be issued with, a licence
in the construction occupation or occupation class during the period.
(4) To remove any doubt, a licence may be cancelled in relation to all
construction occupations or occupation classes it relates to.
97 Demerit
points incurred but not taken into account for notice of licence suspension
etc
(1) This section applies to—
(a) demerit points incurred by a licensee on or before the date of a
notice of licence suspension or licence disqualification served on the licensee
under this part that were not taken into account for the notice; and
(b) demerit points incurred by the licensee after the date of the notice
and before the period of licence suspension or licence disqualification applying
under the notice begins.
(2) The demerit points are only taken into account in relation to the
licensee from the end of the period of licence suspension or licence
disqualification applying under the notice.
98 Issue
of licence suspension notice etc
The registrar may give a notice of licence suspension or licence
disqualification to a licensee under this part without giving the licensee an
opportunity to make representations why the notice should not be
given.
99 Keeping
demerit points register
(1) The demerit points register may include information given to the
registrar under this Act and any other information the registrar considers
appropriate.
(2) The demerit points register may be kept in the form of, or as part of,
1 or more computer databases or in any other form the registrar considers
appropriate.
(3) The registrar may correct a mistake, error or omission in the demerit
points register subject to the requirements (if any) of the
regulations.
(4) This section does not limit the functions of the registrar in relation
to the demerit points register.
100 Security
and disclosure of information in demerit points register
(1) The registrar must ensure that information in the demerit points
register is kept securely and may be disclosed only in accordance with this Act
or another law in force in the ACT.
Note 1 The Information Privacy Principles apply to the registrar.
Principle 4 states requirements about the storage and security of personal
information and principle 11 states when personal information may be disclosed
by an agency (see Privacy Act 1988 (Cwlth), s 14).
Note 2 Access to the register may be sought under the Freedom of
Information Act 1989 (which also provides that certain information is exempt
from disclosure).
(2) The registrar must give information about a licensee’s demerit
points to the licensee on application.
101 Construction
occupations registrar
(1) The chief executive may appoint a public servant as the Australian
Capital Territory Construction Occupations Registrar (the
registrar).
Note For the making of appointments, see Legislation Act, div
19.3.1 (Appointments—other than acting appointments).
(2) However, the chief executive must not appoint a person under
subsection (1) unless satisfied that the person has relevant experience or a
relevant qualification in 1 or more of the following areas:
(a) building;
(b) building surveying;
(c) draining;
(d) electrical;
(e) engineering;
(f) gasfitting;
(g) plumbing;
(h) administration of building or construction industry regulatory
schemes.
(3) The appointment must not be for longer than 3 years.
102 Registrar’s
functions
(1) The registrar has the following functions:
(a) to keep the registers under this Act;
(b) to administer operational legislation;
(c) to decide applications in relation to licences;
(d) to maintain the standard of construction occupations
by—
(i) acting on complaints made about construction practitioners, including
by disciplining construction practitioners if appropriate; and
(ii) developing and maintaining codes of practice; and
(iii) providing construction practitioners with information about
developments in the construction industry.
(2) The registrar has any other function given to the registrar under this
Act or another Territory law.
103 Delegation
by registrar
The registrar may delegate the registrar’s functions under this Act
or another Territory law to a public servant.
Note For the making of delegations and the exercise of delegated
functions, see Legislation Act, pt 19.4.
(1) The registrar may appoint a public servant as deputy registrar for
each construction occupation.
(2) The appointment must not be for longer than 2 years.
(3) A deputy registrar may exercise the functions of the registrar (other
than the power to delegate a function) in relation to the construction
occupation for which the deputy is appointed.
(4) However, the registrar may—
(a) limit the functions the deputy registrar may exercise, either in the
instrument of appointment or in writing later; and
(b) give the deputy registrar written directions about the exercise of the
functions.
(5) If the registrar gives the deputy registrar written directions about
the exercise of a function, the deputy registrar may only exercise the function
in accordance with the directions.
(1) The registrar must keep a register of licensees.
Note Particulars about licensees are prescribed under the
regulations. This part includes a requirement to record other information in
the register.
(2) The register may be kept in any form, including electronic form, that
the registrar decides.
(3) The register may be divided into parts.
(4) The registrar must make the register available to the
public.
106 Recording
rectification orders
(1) If the registrar makes a rectification order, the registrar must
include the following in the register in relation to the order:
(a) the date the order was made;
(b) what the rectification order required.
(2) However, the registrar may only include information under subsection
(1) if the licensee to whom the rectification order relates—
(a) has not applied for review of the decision to make the order within
the period allowed under the Administrative Appeals Tribunal Act 1989;
or
(b) has applied for review of the decision but the AAT has not set aside
the rectification order.
107 Recording
contravention of rectification orders
(1) This section applies if—
(a) the registrar is satisfied that a person has contravened a
rectification order; and
(b) the registrar proposes to include the details of the contravention in
the register.
(2) The registrar must tell the person in writing that—
(a) the registrar proposes to include the details of the contravention in
the register; and
(b) the person may make a submission to the registrar about the inclusion
of the details within the time (the stated time) stated in the
notice that is not less than 2 weeks.
(3) The registrar may include details of the contravention in the register
if, after considering any submission made within the stated time, the registrar
is satisfied that—
(a) the person contravened the rectification order; and
(b) it is appropriate to include the details in the register.
108 Recording
interim licence suspension
(1) If the registrar suspends a licence under section 56 (Interim licence
suspension), the registrar must immediately include the following in the
register in relation to the suspension:
(a) the date of suspension;
(b) the length of the suspension;
(c) whether the suspension has been extended.
109 Removal
of information from register
(1) This section applies to information included in the register under the
following sections:
(a) section 106 (Recording rectification orders);
(b) section 107 (Recording contravention of rectification
orders);
(c) section 108 (Recording interim licence suspension).
(2) A person may apply for the removal of the information from the
register if the information relates to something the person did or did not
do.
(3) On receiving an application from a person, the registrar may remove
the information from the register if satisfied that—
(a) no further information to which this section applies has been recorded
in relation to the person; and
(b) it is 5 years or longer since the day, or last day, that the event to
which the information relates happened.
(4) Subsection (3) does not prevent the registrar keeping a record of
information removed from the register.
110 Report
about disciplinary action
The registrar must give to the Minister within 2 months after the end of
each financial year a report that sets out the information prescribed under the
regulations in relation to disciplinary action taken under this Act during the
year.
111 Evidentiary
certificates
(1) The registrar may issue a certificate, signed by the registrar,
stating that on a date or during a period stated that—
(a) an entity named in the certificate was or was not licensed;
and
(b) if the entity was licensed—
(i) the entity was licensed in the construction occupation, and occupation
class (if any), in which the entity was licensed; and
(ii) the licence was, or was not, suspended.
(2) A licence or certificate under this section is evidence of the matters
stated in it.
(3) Unless the contrary is proved, a document that purports to be a
licence or certificate under this section is taken to be such a
document.
112 Establishment
of advisory boards
(1) The registrar must establish an advisory board for a construction
occupation.
(2) An advisory board may, but need not, relate to more than
1 construction occupation.
(3) Each construction occupation must have an advisory board, whether with
another construction occupation or otherwise, by the end of the period of 6
months after the day this section commences.
(4) Subsection (3) and this section expire 1 year after the day this
section commences.
113 Constitution
of advisory board
(1) An advisory board must have at least 7, but not more than
9 members.
(2) At least 4 of the advisory board members must be licensed in the
construction occupation, or 1 of the construction occupations, for which the
advisory board is established.
(3) Of the 4 advisory board members mentioned in subsection (2), not more
than 2 of them may represent a body established to represent the interests of
people working in the construction occupation or 1 of the construction
occupations.
(4) At least 1, but not more than 3, of the advisory board members must
represent an educational institution, or industry training body, relevant to the
construction occupation.
(5) At least 1 of the advisory board members must be a lawyer.
(6) At least 1 of the advisory board members must be a community
representative who is not licensed.
114 Advisory
board functions
An advisory board for a construction occupation has the following
functions:
(a) to advise the registrar about qualifications for the construction
occupation;
(b) to help with investigations and disciplinary hearings for the
construction occupation if asked by the registrar;
(c) to help develop and maintain codes of practice for the construction
occupation if asked by the registrar.
Anyone who believes a licensee is contravening, or a licensee or former
licensee has contravened, this Act, or an operational Act, may complain to the
registrar.
(1) A complaint must be—
(a) in writing; and
(b) signed by the person making the complaint (the
complainant); and
(c) include the complainant’s name and address.
(2) However, the registrar may accept a complaint for consideration even
if it does not comply with subsection (1).
(3) If the registrar accepts for consideration a complaint that is not in
writing, the registrar must require the complainant to put the complaint in
writing unless there is a good reason for not doing so.
117 Withdrawal
of complaints
(1) A complainant may withdraw the complaint at any time by written notice
to the registrar.
(2) If the complainant withdraws the complaint, the
registrar—
(a) need take no further action on the complaint; and
(b) may continue to act on the complaint if the registrar considers it
appropriate to do so; and
(c) need not report to the complainant under section 121 (Action after
investigating complaint) on the results of any action on the
complaint.
118 Further
information about complaint etc
(1) The registrar may, at any time, require a complainant—
(a) to give the registrar further information about the complaint;
or
(b) to verify all or part of the complaint by statutory
declaration.
(2) When making a requirement under this section, the registrar must give
the complainant a reasonable period of time within which the requirement is to
be satisfied and may extend that period, whether before or after it
ends.
(3) If the complainant does not comply with a requirement made of the
complainant under subsection (1), the registrar may, but need not, take further
action in relation to the complaint.
119 Investigation
of complaint
The registrar must take reasonable steps to investigate each complaint the
registrar accepts for consideration.
Note A complaint must be in writing, but the registrar may accept a
complaint that is not in writing (see s 116).
The registrar must not take further action on a complaint if satisfied
that—
(a) the complaint lacks substance; or
(b) the complaint is frivolous, vexatious or was not made in good faith;
or
(c) the complaint has been adequately dealt with.
Note The registrar may also take no further action on a complaint if
the complainant has not complied with a requirement made under s 118 (1) (see s
118 (3)).
121 Action
after investigating complaint
(1) After investigating a complaint against a licensee or former licensee,
the registrar must—
(a) if the registrar is satisfied that a disciplinary ground exists in
relation to the complaint—
(i) give the licensee or former licensee a disciplinary notice;
and
(ii) tell the complainant in writing that the notice has been given;
or
(b) if the registrar is not satisfied that a disciplinary ground exists in
relation to the complaint—
(i) tell the complainant in writing that the registrar will take no
further action on the complaint; and
(ii) take no further action on the complaint.
(2) Subsection (1) (b) (ii) does not prevent the registrar from taking
further action in relation to a complaint if the registrar becomes satisfied
that a disciplinary ground exists in relation to the complaint.
Note The registrar need not notify the complainant under subsection
(1) if the complainant has withdrawn the complaint (see s 117).
(1) Application may be made to the AAT for review of an reviewable
decision.
(2) The regulations may prescribe which decisions are reviewable
decisions.
(3) If the registrar makes a reviewable decision, the registrar must give
a written notice of the decision to each person affected by the
decision.
(4) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
123 Protection
of registrar, advisory boards etc
(1) This section applies to a person who is, or has been—
(a) the registrar or a deputy registrar; or
(b) an advisory board member; or
(c) acting under the direction or authority of the registrar at an
inquiry; or
(d) a public servant providing administrative assistance at an
inquiry.
(2) A civil proceeding does not lie against a person to whom this section
applies in relation to loss, damage or injury of any kind to someone else
because of an act done, or omitted to be done honestly in the exercise (or
purported exercise) of a function under this Act.
124 AS
3500 and Legislation Act, s 47
The Legislation Act, section 47 (6) does not apply to AS 3500 under this
Act.
125 Determination
of fees
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The registrar may approve forms for this Act.
(2) If the registrar approves a form for a particular purpose, the
approved form must be used for that purpose.
Note The Legislation Act contains provisions about forms (see s
255).
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
127 Regulation-making
power
(1) The Executive may make regulations for this Act.
(2) The regulations may make provision in relation to—
(a) licences; and
(b) the keeping of the register, including the particulars that must or
may be entered in the register; and
(c) the supervision of licensees’ activities; and
(d) rectification orders; and
(e) codes of practice.
(3) The regulations may create offences for contraventions of the
regulations and fix maximum penalties of not more than 10 penalty units for
offences against the regulations.
(4) The regulations may adopt an Australian Standard as in force from time
to time.
Note 1 The text of an applied, adopted or incorporated law or
instrument, whether applied as in force from time to time or at a particular
time, is taken to be a notifiable instrument if the operation of the
Legislation Act, s 47 (5) or (6) is not disapplied
(see s 47 (7)).
Note 2 A notifiable instrument must be notified under the
Legislation Act.
(5) The Legislation Act, section 47 (6) does not apply to an Australian
Standard mentioned in subsection (4).
Part
13 Repeals and transitional
provisions
128 Definitions
for pt 13
In this part:
Building Act means the Building Act 1972 as in force
immediately before commencement day.
commencement day means the day this Act, section 6 (What is a
construction practitioner?) commences.
repealed Act means the Construction Practitioners
Registration Act 1998, as in force immediately before the commencement of
this part.
The Minister must review the 1st 2 years
of operation of this Act and present a report of the review to the Legislative
Assembly not later than 3 years after commencement day.
The following legislation is repealed:
• Construction Practitioners Registration Act 1998
A1998-53
• Construction Practitioners Registration Regulations 1998
SL1998-38.
131 End
of licences or registration of people taken to be licensed or
registered
(1) If a person is taken to be licensed under this part because the person
held a licence or was registered under another Act, the licence under this Act
expires at the time when the person’s licence or registration would have
expired under the other Act.
(2) Subsection (1) does not apply if the person’s licence is
cancelled under this Act before it expires.
(1) A person who, immediately before commencement day, was registered as a
building surveyor in the class building surveyor under the repealed Act is taken
to be licensed as a building surveyor in the class general building surveyor
under this Act.
(2) A person who, immediately before commencement day, was registered as a
building surveyor in the class principal building is taken to be a building
surveyor in the class principal building surveyor.
A person who, immediately before commencement day, held a licence or permit
under the Electricity Safety Act 1971 mentioned in the table, item 2 is
taken to be licensed under this Act in the occupation class mentioned in the
table, item 3, subject to any condition mentioned in column 4.
column 1
item
|
column 2
previous licence or
permit
|
column 3
occupation class
|
column 4
condition
|
1
|
electrical contractor’s licence
|
electrical contractor
|
|
2
|
electrician’s licence grade A
|
unrestricted
|
|
3
|
electrician’s licence grade B
|
unrestricted
|
licence only authorises doing of electrical work in the circumstances that
the licensee was authorised to do electrical work under the Electricity
Safety Act 1971, as in force immediately before commencement day
|
4
|
electrician’s permit, grade A
|
electrotechnology systems
|
|
5
|
restricted electrical licence authorising systems assembly and servicing
electrical fitting
|
restricted—electrotechnology systems assembly and servicing
electrical fitting
|
|
6
|
restricted electrical licence authorising systems mechanical
fitting
|
restricted—electrotechnology systems mechanical fitting
|
|
7
|
restricted electrical licence authorising systems plumbing and gas
fitting
|
restricted—electrotechnology systems plumbing and gas
fitting
|
|
8
|
restricted electrical licence authorising systems refrigeration and air
conditioning work
|
restricted–electrotechnology systems refrigeration and air
conditioning
|
|
9
|
restricted electrical licence authorising systems type B appliance
work
|
restricted— electrotechnology systems type B gas appliances
|
|
10
|
restricted electrical permit authorising systems assembly and servicing
electrical fitting
|
electrotechnology systems restricted
|
licence only authorises work under supervision of licensee licensed in
occupation class restricted—electrotechnology systems assembly and
servicing electrical fitting
|
11
|
restricted electrical permit authorising systems mechanical
fitting
|
electrotechnology systems restricted
|
licence only authorises work under supervision of licensee licensed in
occupation class restricted—electrotechnology systems mechanical
fitting
|
12
|
restricted electrical permit authorising systems plumbing and gas
fitting
|
electrotechnology systems restricted
|
licence only authorises work under supervision of licensee licensed in
occupation class restricted—electrotechnology systems plumbing and gas
fitting
|
13
|
restricted electrical permit authorising systems refrigeration and air
conditioning work
|
electrotechnology systems restricted
|
licence only authorises work under supervision of licensee licensed in
occupation class restricted–electrotechnology systems refrigeration and
air conditioning
|
14
|
restricted electrical permit authorising systems type B appliance
work
|
electrotechnology systems restricted
|
licence only authorises work under supervision of licensee licensed in
occupation class restricted— electrotechnology systems type B gas
appliances
|
134 Plumbers,
drainers and gasfitters
(1) A person who, immediately before commencement day, was licensed under
the Plumbers, Drainers and Gasfitters Board Act 1982 as a plumber,
drainer or gasfitter, is taken to be licensed under this Act in the same
occupation.
(2) If, immediately before commencement day, a person mentioned in
subsection (1) held a certificate of competency, the person is taken to be
licensed in the occupation class that is equivalent to the
certificate.
135 Fire
sprinkler’s licence
(1) This section applies if, immediately before commencement day, a person
held a sprinkler fitter’s licence under the Plumbers, Drainers and
Gasfitters Board Act 1982 (repealed).
(2) The person is taken to hold a plumbers licence in the occupation class
water supply plumber, with a condition that the licence only authorises fire
sprinkler work.
136 Plumbing
plan certifiers
A person registered as a plumbing plan certifier under the repealed Act
immediately before commencement day is taken to be licensed as a plumbing plan
certifier under this Act.
137 Suspensions
under repealed Act
(1) This section applies if, immediately before commencement day, a
person’s registration under the repealed Act was suspended.
(2) This part, apart from this section, applies to the registration as if
the registration were not suspended.
(3) If the person is taken to be licensed under this part, the licence is
taken to be suspended until the time when the suspension would have ended under
the repealed Act.
(4) A right to appeal against the suspension that existed immediately
before commencement day is taken to be a right to appeal under this
Act.
138 Suspended
electricians
(1) This section applies if, immediately before commencement day, a
person’s licence or permit under the Electricity Safety Act 1971
was suspended.
(2) This part, apart from this section, applies to the licence or permit
as if it were not suspended.
(3) If the person is taken to be licensed under this part, the licence is
taken to be suspended until the time when the suspension would have ended under
the Electricity Safety Act 1971 as in force immediately before
commencement day.
(4) A right to appeal against the suspension that existed immediately
before commencement day is taken to be a right to appeal under this
Act.
139 Application
of rectification orders
For section 34 (Intention to make rectification order)—
(a) a reference to a licensee or former licensee includes a reference to a
person who was registered under the repealed Act; and
(b) a construction service includes a construction service provided before
the commencement of this part.
140 Applications
for registration under repealed Act
(1) This section applies if, immediately before commencement day, a person
had applied under the repealed Act for registration, but the application had not
been decided.
(2) The application is taken to be an application for a licence under this
Act.
(3) If, because the application was made under the repealed Act, the
application does not include something that is required for an application under
this Act, the registrar may ask the applicant for the further
information.
(4) If the application is for registration in a category or class, that
does not exist, the registrar may grant the applicant a licence that corresponds
to the registration applied for, if satisfied that it is appropriate to do
so.
141 Applications
for builders’ licences under Building Act
(1) This section applies if, immediately before commencement day, a person
had applied under the Building Act, section 15 for a builder’s licence,
but the application had not been decided.
(2) The application is taken to be an application for a builders licence
made under this Act.
(3) If, because the application was made under the Building Act, the
application does not include something that is required for an application under
this Act, the registrar may ask the applicant for the further
information.
(4) If the application is for a licence, or a class of licence, that does
not exist, the registrar may grant the applicant a licence that corresponds to
the licence applied for, if satisfied that it is appropriate to do so.
142 Eligible
applicants for builders’ licences without
qualifications
(1) This section applies if—
(a) immediately before commencement day, a person had applied under the
Building Act, section 15 for a builder’s licence; and
(b) the application was not decided before the repeal of that Act;
and
(c) the person would have been eligible for the licence under the Building
Act had that Act not been repealed; and
(d) the person is not eligible for a builders licence under this Act only
because the person does not have a qualification (including experience) required
under this Act.
(2) The registrar may issue the person a builders licence under this Act,
even though the person does not have the qualification.
143 Current
builder’s licence
(1) This section applies if, immediately before commencement
day—
(a) a person had been granted a builder’s licence under the Building
Act; and
(b) the licence was in force.
(2) The licence is taken to have been issued under this Act and authorises
the person to do anything that the person was authorised to do under the
Building Act.
(3) However, the licence cannot be renewed.
144 Applications
for licence or permit under Electricity Safety Act
(1) This section applies if, immediately before commencement day, a person
had applied under the Electricity Safety Act 1971 for a licence or
permit, but the application had not been decided.
(2) The application is taken to be an application for a licence under this
Act of the kind worked out under section 133.
(3) If, because the application was made under the Electricity Safety
Act 1971, the application does not include something that is required for an
application under this Act, the registrar may ask the applicant for the further
information.
145 Applications
for licence or certificate of competency under Plumbers, Drainers and Gasfitters
Board Act
(1) This section applies if, immediately before commencement day, a person
had applied under the Plumbers, Drainers and Gasfitters Board Act 1982
for a licence or certificate of competency, but the application had not been
decided.
(2) The application is taken to be an application for a plumbers, drainers
or gasfitters licence under this Act.
(3) If, because the application was made under the Plumbers, Drainers
and Gasfitters Board Act 1982 (repealed), the application does not include
something that is required for an application under this Act, the registrar may
ask the applicant for the further information.
(4) If the application is for a licence, or a class of licence, that does
not exist, the registrar may grant the applicant a licence that corresponds to
the licence applied for, if satisfied that it is appropriate to do so.
146 Contraventions
before commencement day
A reference in section 35 (When rectification order may be made) or section
36 (Rectification order inappropriate) to a contravention of this Act includes a
reference to a contravention, before commencement day, of—
(a) the repealed Act; or
(b) an operational Act; or
(c) the Building Act; or
(d) the Plumbers, Drainers and Gasfitters Board Act 1982
(repealed).
(1) The provisions set out in schedule 1 are taken, on the
commencement of this section, to be regulations made under this Act, section 127
(Regulation-making power).
(2) To remove any doubt and without limiting subsection (1), the
provisions set out in schedule 1 may be amended or repealed as if they had
been made as regulations by the Executive under this Act, section 127.
(3) To remove any doubt, the regulations mentioned in subsection (1) are
taken—
(a) to have been notified under the Legislation Act on the day this Act is
notified; and
(b) to have commenced on commencement day; and
(c) not to be required to be presented to the Legislative Assembly under
the Legislation Act, section 64 (1).
(4) Subsections (1), (2) and (3) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
(5) This section expires on the day it commences.
148 Transitional
regulations
(1) The regulations may prescribe savings or transitional matters
necessary or convenient to be prescribed because of the enactment of the
Construction Occupations Legislation Amendment Act 2003 or this
Act.
(2) The regulations may modify the operation of this Act to make provision
with respect to any matter that is not, or not adequately, dealt with in this
Act or the Construction Occupations Legislation Amendment Act
2003.
(1) This part, other than section 129, expires 1 year after commencement
day.
(2) Section 129 expires 3 years and 6 months after commencement
day.
Schedule
1 New
regulations
(see s 147)
Australian Capital
Territory
Construction Occupations (Licensing)
Regulations 2003
Subordinate Law SL2003-
made under the
Construction Occupations (Licensing) Act 2003
Part 1 Preliminary
1 Name of regulations
These regulations are the Construction Occupations (Licensing)
Regulations 2003.
2 Dictionary
The dictionary at the end of these regulations is part of these
regulations.
Note 1 The dictionary at the end of these regulations defines
certain terms used in this Act, and includes references (signpost
definitions) to other terms defined elsewhere.
For example, the signpost definition ‘specialist building
work—see the Building Act 2003, section 9.’ means
that the term ‘specialist building work’ is defined in that section
and the definition applies to these regulations.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulations unless the definition, or another
provision of the regulations, provides otherwise or the contrary intention
otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
4 Offences against regulations—application of
Criminal Code etc
Other legislation applies in relation to offences against these
regulations.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against these regulations
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part 2 Licences
5 Licence applications—Act, s 17
(3)
A licence application must contain the following information:
(a) the applicant’s name;
(b) the construction occupation and class of construction occupation the
application relates to;
(c) any endorsement being applied for;
(d) if the applicant is an individual—
(i) the applicant’s date of birth; and
(ii) the applicant’s residential address;
(iii) if the applicant is applying for a principal building surveyor
employee or general building surveyor employee licence—the name of the
applicant’s employer or proposed employer;
(e) if the applicant is a partnership—
(i) evidence of the existence of the partnership; and
(ii) the name of each partner; and
(iii) if a partner is a corporation—the partner’s ACN;
and
(iv) the name, business address, telephone and fax number and email
address (if any) of each of the applicant’s nominees;
(f) if the applicant is a corporation—
(i) its ACN; and
(ii) the name, business address, telephone and fax number and email
address (if any) of each of the applicant’s nominees; and
(iii) an extract about the history of the corporation from a database kept
by the Australian Securities and Investments Commission;
(g) the applicant’s business telephone and fax number and email
address (if any);
(h) if the application is for a licence as a building surveyor or a
plumbing plan certifier—the name of the insurer who will provide the
insurance mentioned in regulation 17 (Eligibility to be building surveyor) or
regulation 18 (Eligibility to be plumbing plan certifier);
(i) evidence that the applicant is eligible to be licensed in the
construction occupation or class of construction occupation applied
for;
(j) if an endorsement is being applied for—evidence that the
applicant is capable of providing each construction service allowed to be
provided under the endorsement;
(k) whether the applicant has been licensed before and, if so, details of
each previous licence;
(l) whether the applicant has been convicted or found guilty of any
offence involving fraud, dishonesty or violence, punishable by imprisonment for
1 year or more and, if so, details of each conviction or finding;
(m) evidence that the applicant has, or has access to, financial resources
adequate to complete any work that will be authorised under the licence that the
applicant can otherwise do.
Note Under the Spent Convictions Act 2000, an applicant need
not include in an application certain spent convictions.
6 Information required on licence—Act, s 23
(2)
(1) In addition to the information required by the Act, section 23 (2),
the following information must be included on a licence:
(a) any endorsement relating to the licence;
(b) the period for which the licence is issued in relation to each
construction occupation and class of construction occupation;
(c) if the licensee is a partnership—
(i) the name of each partner; and
(ii) if a partner is a corporation—the partner’s
ACN;
(d) if the licensee is a corporation—its ACN;
(e) whether the licence is subject to conditions and, if it is, which
construction occupation or class of construction occupation the conditions apply
to.
(2) A licence condition may, but need not, be included on the
licence.
7 Term of licences generally—Act, s
24
(1) The maximum period for which a licence in the following construction
occupations may be issued or renewed is 3 years:
(a) builder;
(b) electrician;
(c) plumber;
(d) drainer;
(e) gasfitter.
(2) However, an applicant for the issue or renewal of the licence may
apply for a 1-year licence and, if the applicant does apply, the maximum period
for which the licence may be issued or renewed is 1 year.
8 Term of licence for building surveyors and plumbing
plan certifiers—Act, s 24
(1) The maximum period for which a licence in the construction occupation
of building surveyor or plumbing plan certifier may be issued is 1
year.
(2) However, if the applicant for the issue or renewal of the licence has
insurance required under these regulations for a period less than 1 year, the
maximum period for which the licence may be issued or renewed is the period for
which the applicant has insurance.
Part 3 Register
9 Particulars in register
(1) The register must contain the following particulars in relation to a
licensee:
(a) the details included in the licensee’s licence;
(b) the licensee’s business telephone and fax number and email
address (if any);
(c) if the licensee is a building surveyor or a plumbing plan
certifier—the name of the insurer who provides the insurance mentioned in
regulation 17 (Eligibility to be building surveyor) or regulation 18
(Eligibility to be plumbing plan certifier);
(d) if the licensee is a corporation or partnership—the name,
business address, telephone and fax number and email address (if any) of each of
the licensee’s nominees;
(e) if the licensee’s licence is suspended—details of the
suspension;
(f) if the licensee has ever had a licence suspended—details of the
suspension, if available;
(g) details of any suspension of the licence, whether or not the
suspension has ended, if available;
(h) details of any disciplinary action taken against the licensee, if
available;
(i) whether any disciplinary action is being taken against the
licensee.
(2) The registrar may enter in the register any other details the
registrar considers appropriate, including information about former
licensees.
10 Keeping register
The registrar may—
(a) correct a mistake, error or omission in the register; or
(b) correct or omit an entry that has become inaccurate.
Part 4 General eligibility
requirements
Division 4.1 Eligibility to be
licensed
11 Not eligible because of
suspension
An entity is not eligible to be licensed in a construction occupation or
class of construction occupation if—
(a) the entity is licensed in another occupation or class of occupation;
and
(b) the licence is suspended; and
(c) the registrar is satisfied that, because of the grounds for the
suspension, it is not appropriate for the entity to be licensed in the
occupation or class of occupation.
Note A suspended licence may be renewed (see Act, s 25
(4)).
12 Individuals not eligible
(1) An individual is not eligible to be licensed if—
(a) the application is for a licence that would allow the applicant to
provide a construction service without supervision; and
(b) the individual has been found guilty of an offence—
(i) that involves fraud or dishonesty; and
(ii) is punishable by imprisonment for at least 1 year.
13 Qualifications for
individuals
(1) The registrar may, in writing, declare the qualifications necessary
for an individual to be eligible to be licensed in a construction occupation or
occupation class.
(2) Before making a declaration in relation to a construction occupation
or occupation class, the registrar must consult the advisory board for the
occupation or class.
(3) A declaration is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
14 Skill assessment of
individuals
(1) This regulation applies if the registrar is not satisfied that an
applicant has a qualification required to be eligible for the licence applied
for.
(2) The registrar may require the applicant to undertake an assessment to
find out whether the applicant has a skill reasonably necessary to
satisfactorily exercise the functions of a construction occupation or class of
construction occupation under the licence applied for.
(3) An assessment may consist of 1 or more of the following:
(a) an assessment by a person who the registrar is satisfied is competent
to make the assessment;
(b) an examination, which may have practical, written and oral aspects, by
a registered training organisation that the registrar is satisfied is competent
to set and assess the examination;
(c) an examination of a record of the applicant’s experience
provided by the applicant;
(d) the undertaking of a test, or a series of tests, approved by the
registrar.
(4) The applicant must pay to the Territory the reasonable costs incurred
by the Territory in arranging or carrying out an assessment.
(5) An applicant is not eligible to be licensed if the applicant has not
complied with subregulation (4).
(6) In this regulation:
registered training organisation—see the Tertiary
Accreditation and Registration Act 2003, dictionary.
15 Corporations and partnerships eligible for some
occupations
(1) A corporation or partnership is eligible to be licensed only in the
following construction occupations or occupation classes:
(a) builder;
(b) building surveyor;
(c) drainer;
(d) electrician, electrical contractor class;
(e) gasfitter;
(f) plumber.
(2) Also, a corporation or partnership is eligible to be licensed in a
construction occupation or occupation class only if the corporation or
partnership has a nominee who is licensed in the occupation or class.
(3) However, a partnership is not eligible to be licensed in a
construction occupation or occupation class if a partner has been found guilty,
whether in the ACT or anywhere else, of an offence involving fraud, dishonesty
or violence punishable by imprisonment for at least 1 year.
16 Eligibility to be
owner-builder
An individual is eligible to be an owner-builder only if—
(a) the individual owns the land on which the building work allowed under
the owner-builders licence is proposed to be undertaken; and
(b) the building work has building approval under the Building Act
2003; and
(c) the individual has not been granted an owner-builders licence in
relation to other land in the previous 5 years before applying for the
owner-builders licence.
17 Eligibility to be building
surveyor
(1) An applicant for a licence as a building surveyor is eligible for the
licence only if the applicant satisfies the registrar that the applicant is
adequately insured.
(2) A person is adequately insured if the person has
professional indemnity insurance that provides—
(a) indemnity against claims for breach of professional duty as a building
certifier; and
(b) a minimum limit of indemnity of $1 000 000 for any 1 claim;
and
(c) a minimum limit of indemnity of $1 000 000 for the total of all claims
against the insured made in the period of cover; and
(d) in addition to the indemnities mentioned in paragraphs (b) and (c), a
minimum limit of indemnity for the costs and expenses of defending or settling a
claim of 20% of the limit of indemnity for the claim.
(3) For subregulation (2), a person is taken to have professional
indemnity insurance if the person is an applicant for a principal building
surveyor employee or general building surveyor employee licence and the
person’s employer has the insurance.
(4) In subregulation (2) (d)—
costs and expenses means costs and expenses incurred with the
insurer’s consent.
18 Eligibility to be plumbing plan
certifier
(1) An applicant for a licence as a plumbing plan certifier is eligible
for the licence only if the applicant satisfies the registrar that the applicant
is adequately insured.
(2) An individual is adequately insured to be a plumbing
plan certifier if the person has professional indemnity insurance that
provides—
(a) indemnity against claims for breach of professional duty as a plumbing
plan certifier; and
(b) a minimum limit of liability of $1 000 000 for each period of
insurance.
Division 4.2 Nominees
19 Eligibility to be nominee—Act, s 28
(3)
An individual is eligible to be a nominee of a corporation or partnership
if—
(a) for a corporation—the individual is a director or employee of
the corporation; and
(b) for a partnership—the individual—
(i) is a partner; or
(ii) is the nominee of a corporation that is a partner in the partnership;
and
(c) the individual is licensed in a construction occupation that the
corporation or partnership is licensed in or applying to be licensed in;
and
(d) the individual is otherwise able to exercise the functions of a
nominee on a daily basis; and
Note For functions of nominees, see Act, s 31.
(e) for a construction occupation divided into
classes—either—
(i) the individual is licensed in the same class as, or a class that
allows the exercising of the same functions as, the class the corporation or
partnership is licensed in or applying to be licensed in; or
(ii) the corporation or partnership has a nominee mentioned in
subparagraph (i).
Part 5 Licence conditions and
endorsements
Division 5.1 Licence conditions on
licences
20 Prescribed licence conditions—Act, s 21
(1)
The conditions a licence is subject to include the applicable requirements
in this division.
Note The registrar may also impose conditions on a licence (see Act,
s 21 (2)).
21 Change of register
information
(1) The licensee must tell the registrar in writing of any change in a
detail relating to the licensee that is recorded in the register.
(2) The notice must be given within 2 weeks after—
(a) the day of the change to which it relates happened; or
(b) the day the licensee became aware of the change.
22 Corporate licences
(1) This section applies if the licensee is a corporation.
(2) The licensee must tell the registrar in writing if a person becomes or
stops being a director or nominee.
(3) The notice must be given to the registrar within 2 weeks after the day
the person becomes or stops being a director or nominee.
23 Partnership licences
(1) This section applies if the licensee is a partnership.
(2) The partnership must tell the registrar in writing if a person becomes
or stops being a partner or nominee.
(3) The notice must be given to the registrar within 2 weeks after the day
the person becomes or stops being a partner or nominee.
24 Individual licences
(1) This section applies if the licensee is an individual.
(2) The individual may provide construction services only as a nominee or
employee of a licensed entity if—
(a) the individual becomes bankrupt or applies to take the benefit of any
law for the relief of insolvent debtors; and
(b) the individual is a nominee or employee of a licensed
entity.
25 Operative drainers
A licensee in the operative drainer class of the construction occupation
drainer may only provide a construction service in that occupation class as an
employee.
26 Journeyperson gasfitters
A licensee in the journeyperson gasfitter class in the construction
occupation gasfitter may only provide a construction service in that occupation
class as an employee.
27 Journeyperson plumbers
A licensee in the journeyperson plumber class in the construction
occupation of plumber may only provide a construction service in that occupation
class as an employee.
28 Certain building surveyors
(1) This regulation applies to licensees in the following classes in the
construction occupation of building surveyor:
(a) principal building surveyor employee;
(b) general building surveyor employee.
(2) The licensee may only provide a construction service in that
occupation class as an employee of a licensee who holds insurance of a kind
mentioned in regulation 17 in relation to the employee.
Division
5.2 Miscellaneous
29 Return of licence
(1) This section applies if the registrar decides to—
(a) amend a condition on a licence; or
(b) endorse a licence.
(2) The registrar may require a licensee to return the licence to the
registrar in relation to the amendment or endorsement.
Note The registrar may, but need not, include a condition on a
licence (see reg 6 (2)).
(3) If the registrar requires the licensee to return the
licence—
(a) the licensee must return the licence; and
(b) the registrar must return the licence to the licensee as soon as the
licence is amended (whether by including the condition on the licence or
otherwise) or endorsed, unless the licence is suspended or cancelled.
(4) A licensee commits an offence if the licensee fails to return a
licence under subsection (3) (a).
Maximum penalty: 5 penalty units.
(5) An offence against subsection (4) is a strict liability
offence.
30 Endorsing builders licences for specialist
building work—Act, s 22
(1) The registrar may, on application, endorse a builders licence to
authorise the licensee to do specialist building work if satisfied that the
licensee can competently do the work.
(2) The endorsement may be subject to any condition the registrar is
satisfied protects the public.
31 Endorsing plumbers licences for backflow
prevention device test work—Act, s 22
(1) The registrar may, on application, endorse a plumbers licence to
authorise the licensee to do backflow prevention device test work if satisfied
that the licensee can competently do the work.
(2) In this regulation:
backflow prevention device test work means—
(a) work in accordance with Australian Standard 2845.3, Water
Supply—Backflow prevention devices—Field testing and
maintenance, to test, or supervise the testing of, a backflow prevention
device that forms part of a water service, hot-water system, irrigation system
or fire sprinkler system; or
(b) the production of a report about a test under paragraph (a).
32 Replacement licences
The registrar may, on application, issue a replacement licence to a
licensee if satisfied that the licence previously issued has been lost, stolen,
damaged or destroyed.
Note 1 A fee may be determined under the Act, s 125 for this
provision.
Note 2 If a form is approved under the Act, s 126 for this
provision, the form must be used.
33 Matters that may be published—Act, s 62
(1)
Details of the following matters may be published in relation to a decision
to take disciplinary action against a licensee or former licensee:
(a) particulars that allow the public to identify the licensee or former
licensee;
Examples
1 the licensee’s name and ACN (if any)
2 if the licensee is a partnership—the name and ACN (if any) of each
partner
3 any name (and, if relevant, ACN) used in the past by the licensee or, if
the licensee is a partnership, a partner in the licensee while providing a
service in a construction occupation
4 the licensee’s current and previous business addresses
Note An example is part of the regulations, is not exhaustive and
may extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(b) particulars of the licence and the construction occupation and
occupation class (if any) in relation to which the disciplinary action is being,
or was, taken;
(c) particulars of the disciplinary action;
(d) details that allow the public to identify when the decision to take
disciplinary action was taken, when the disciplinary action will start and
finish and, if applicable, the amount of any fine imposed on the
licensee;
(e) why the disciplinary action is being, or was, taken.
Example for par (e)
if the disciplinary action is being taken because of the number of demerit
points the licensee has incurred, a list of the short description of each
offence for which demerit points were incurred
34 Services that may be provided without
licence
(1) The following construction services may be provided by an individual
without a licence if done under the supervision of a licensed individual, or the
nominee of a licensed corporation or partnership, authorised by the licence to
provide the service:
(a) building services;
(b) if the individual providing the service is a trainee—
(i) electrical wiring services; or
(ii) gasfitting services; or
(iii) plumbing services; or
(iv) sanitary drainage services.
(2) In this regulation:
accredited course—see the Tertiary Accreditation and
Registration Act 2003, dictionary.
building service—see the Act, section 8 (2).
electrical wiring service—see the Act, section 11
(2).
gasfitting service—see the Act, section 12
(2).
plumbing service—see the Act, section 13 (2).
sanitary draining service—see the Act, section 10
(2).
trainee, for a service, means an individual
who—
(a) provides the service to gain experience in providing the service and
training from the person supervising the provision of the service; and
(b) is undertaking an accredited course that provides instruction in
relation to providing the service.
Part 6 Construction occupation
classes
35 Classes of licence generally
A licence for a class authorises the licensee to provide each service in
schedule 1, column 3 for the class in the circumstances (if any) stated in the
column for the item.
36 Classes of builder
The construction occupation of builder is divided into the classes in
schedule 1, part 1.1, column 2.
37 Classes of building surveyor
The construction occupation of building surveyor is divided into the
classes in schedule 1, part 1.2, column 2.
38 Classes of drainer
The construction occupation of drainer is divided into the classes in
schedule 1, part 1.3, column 2.
39 Classes of electrician
The construction occupation of electrician is divided into the classes in
schedule 1, part 1.4, column 2.
40 Classes of gasfitters
The construction occupation of gasfitter is divided into the classes in
schedule 1, part 1.5, column 2.
41 Classes of plumber
The construction occupation of plumber is divided into the classes in
schedule 1, part 1.6, column 2.
Part 7 Miscellaneous
42 Short descriptions and demerit
points
(1) The short description for a demerit disciplinary ground that is a
contravention of the Act or an operational Act mentioned in schedule 2, column 2
is the description prescribed in column 3 of the item.
(2) The short description for a demerit disciplinary ground under the Act,
section 53 (1) (other than paragraph (a)) that is mentioned in schedule 3,
column 2 is the description prescribed in column 3 of the item.
(3) The number of demerit points mentioned in schedule 2, column 4 or
schedule 3, column 4 is prescribed in relation to a demerit disciplinary notice
based on the demerit disciplinary ground mentioned in column 2 of the
item.
43 Information in report to Minister—Act, s
110
(1) The registrar’s report to the Minister about disciplinary action
for a financial year must include the following information:
(a) the name of each licensee or former licensee against whom disciplinary
action was taken during the financial year;
(b) for each licensee or former licensee mentioned in
paragraph (a)—
(i) the contravention; and
(ii) the construction occupation or class of construction occupation in
which the licensee or former licensee was licensed when the contravention
happened; and
(iii) the disciplinary action taken; and
(iv) the result of any review of the decision to take disciplinary
action.
(3) In this regulation:
contravention, in relation to a licensee or former licensee,
means what the licensee or former licensee did that caused disciplinary action
to be taken.
44 Reviewable decisions—Act, s
122
(1) The following decisions of the registrar are reviewable
decisions:
(a) refusing to issue a licence under the Act, section 19 (1) (Decision on
licence application);
(b) issuing a licence other than the licence applied for under the Act,
section 19 (2);
(c) amending a licence by putting a condition on the licence or by
amending or cancelling a condition on the licence under the Act, section 21 (2)
(Licence conditions);
(d) refusing to amend a licence under the Act, section 21 (2);
(e) refusing to endorse a licence under the Act, section 22 (Endorsements
on licences);
(f) issuing or renewing a licence for a period other than the maximum
period for which the licence may be issued or renewed;
(g) refusing to renew a licence under the Act, section 25 (2) (Licence
renewal);
(h) refusing to cancel a licence under the Act, section 26 (Voluntary
licence cancellation);
(i) refusing to approve the resignation of a nominee under the Act,
section 29 (Resignation of nominee);
(j) deciding to authorise a licensee under the Act, section 36
(Rectification order inappropriate);
(j) deciding to make a rectification order under the Act, section 37
(Rectification orders);
(k) refusing to revoke the automatic suspension of a licence under the
Act, section 52 (2) (End of automatic licence suspension); or
(l) suspending a licence under the Act, section 56 (2) (Interim licence
suspension);
(m) refusing to revoke a suspension under the Act, section 58 (2)
(Revocation of interim suspension);
(n) taking disciplinary action under the Act, section 59 (Decision about
disciplinary action);
(o) including details of the contravention of a rectification order in the
register under the Act, section 107 (3) (Recording contravention of
rectification orders);
(p) refusing to endorse a builders licence under regulation 30 (Endorsing
builders licences for specialist building work—Act, s 22);
(q) endorsing a licence under regulation 30 subject to
conditions.
(r) refusing to endorse a plumbers licence under regulation 31 (Endorsing
plumbers licences for backflow prevention device test work—Act, s
22);
(s) refusing to issue a replacement licence under regulation 32
(Replacement licences).
Part 8 Transitional
45 Meaning of repealed Act for pt
8
In this part:
repealed Act means the Construction Practitioners
Registration Act 1998 (repealed).
46 Meaning of licence for reg 9 (1)
(g)
In regulation 9 (1) (g):
licence includes—
(a) registration under the repealed Act; and
(b) a licence, permit or registration under an operational Act as in force
immediately before commencement day; and
(c) a licence or certificate of competency under the Plumbers, Drainers
and Gasfitters Board Act 1982 (repealed).
47 Meaning of disciplinary action and
licensee for reg 9 (1) (h)
In regulation 9 (1) (h):
disciplinary action is taken to include action taken under
the repealed Act, section 22 (6) (Procedure).
licensee includes a person registered under the repealed
Act.
48 Requirement to consult under reg
13
(3) The registrar need not consult the advisory board for a construction
occupation before making a declaration about qualifications for the construction
occupation or an occupation class under regulation 13 on or before the
commencement of this regulation.
(4) However, the registrar must consult the advisory board for the
construction occupation about the qualification for the construction occupation
within 1 year after the commencement of this regulation.
49 Meaning of owner-builders licence for reg
16
In regulation 16:
owner-builders licence includes an owner-builders licence
granted under the Building Act 1972 before the commencement of the Act,
section 6 (What is a construction practitioner?).
50 Meaning of licence for reg
33
In regulation 33:
licence includes—
(a) registration under the repealed Act; and
(b) a licence, permit or registration under an operational Act as in force
immediately before commencement day; and
(c) a licence or certificate of competency under the Plumbers, Drainers
and Gasfitters Board Act 1982 (repealed).
Schedule 1 Classes of construction
occupation licence and functions
(see pt 6)
Part 1.1 Builder
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
class A
|
building work other than specialist building work
|
2
|
class B
|
building work, other than specialist building work, in relation to a
building that is 3 storeys or lower
|
3
|
class C
|
building work, other than specialist building work, in relation to a class
1, class 2 or class 10a building that has 2 or less storeys
|
4
|
class D
|
non-structural basic building work, other than specialist building
work
|
5
|
owner-builder
|
building work, other than specialist building work, in relation to a class
1, class 2 or class 10a building that is, or is to be, the licensee’s main
home or ancillary to it
|
Part 1.2 Building
surveyor
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
principal building surveyor
|
building certification work or, for a corporation, supervision of building
certification work
|
2
|
principal building surveyor employee
|
building certification work as an employee of a principal building
surveyor
|
3
|
general building surveyor
|
building certification work or, for a corporation, supervision of building
certification work, in relation to a building that is 3 storeys or lower and
that has a floor area of 2 000m2 or less
|
4
|
general building surveyor employee
|
building certification work in relation to a building that is 3 storeys or
lower and that has a floor area of 2 000m2 or less, as an
employee of a principal building surveyor or general building surveyor
|
5
|
principal government building surveyor
|
building certification work
|
6
|
government building surveyor
|
building certification work in relation to a building that is 3 storeys or
lower and that has a floor area of 2 000m2 or less
|
Part 1.3 Drainer
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
advanced sanitary drainer
|
sanitary drainage work without supervision
|
2
|
journeyperson drainer
|
sanitary drainage work under supervision of licensee with advanced sanitary
drainers licence
|
3
|
operative drainer
|
sanitary drainage work under supervision of licensee with advanced sanitary
drainers licence
|
Part
1.4 Electrician
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
electrical contractor
|
1 electrical wiring work without supervision
2 supervision of electrical wiring work
|
2
|
unrestricted
|
1 electrical wiring work without supervision
2 supervision of electrical wiring work
|
3
|
electrotechnology systems permit
|
1 electrical wiring work under supervision
2 incidental electrical work
|
4
|
restricted—electrotechnology systems assembly and servicing
electrical fitting
|
electrotechnology assembly and servicing incidental to electrical wiring
work in relation to electrical fitting disconnection and reconnection
work
|
5
|
restricted—electrotechnology systems mechanical fitting
|
electrotechnology systems incidental to electrical wiring work in relation
to mechanical fitting disconnection and reconnection work
|
6
|
restricted–electrotechnology systems plumbing and gas
fitting
|
electrotechnology systems incidental to electrical wiring work in relation
to plumbing and gasfitting disconnection and reconnection work
|
7
|
restricted–electrotechnology systems refrigeration and air
conditioning
|
incidental electrical wiring work in relation to refrigeration and air
conditioning disconnection and reconnection work
|
8
|
restricted— electrotechnology systems type B gas appliances
|
incidental electrical wiring work in relation to disconnection and
reconnection of type B gas appliances
|
9
|
electrotechnology systems restricted permit
|
incidental electrical work under the supervision of a licensee with a
licence in 1 or more of the following classes:
(a) restricted—electrotechnology systems assembly and servicing
electrical fitting
(b) restricted—electrotechnology systems mechanical
fitting
(c) restricted—electrotechnology systems plumbing and gas
fitting
(d) restricted— electrotechnology systems refrigeration and air
conditioning
|
Part 1.5 Gasfitters
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
advanced
|
gasfitting work, other than LP gas (liquid phase) installation, without
supervision
|
2
|
general
|
1 gasfitting work for pressures below 21kPa without supervision
2 gasfitting work for pressures above 21kPa under the supervision of an
advanced gasfitter
|
3
|
journeyperson gasfitter
|
gasfitting work under the general supervision of a licensee with an
advanced gasfitters licence or unrestricted licence
|
4
|
LPG gasfitter (vapour phase)
|
LP gas (vapour phase) installation without supervision
|
5
|
LPG gasfitter (liquid phase)
|
LP gas (liquid phase) installation without supervision
|
6
|
restricted automotive—LPG
|
LP gas fuel installation on motor vehicles
|
7
|
restricted automotive—NGV
|
NGV fuel installation on motor vehicles
|
8
|
restricted automotive—LPG forklifts
|
gasfitting for LPG forklifts
|
9
|
restricted automotive—NGV forklifts
|
gasfitting for NGV forklifts
|
Part 1.6 Plumbers
column 1
item
|
column 2
construction occupation
class
|
column 3
construction work
|
1
|
sanitary plumber
|
sanitary plumbing work without supervision
|
2
|
water supply plumber
|
water supply plumbing work, including fire sprinkler work, without
supervision
|
3
|
journeyperson plumber
|
sanitary plumbing work under supervision of licensee with sanitary plumbers
licence
|
Schedule 2 Demerit disciplinary
grounds
(see reg 42)
Part 2.1 Builders licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.1.1
|
fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in
that building did not resist actions reasonably subject to—local damage
not minimised as demonstrated by deformation in single element of brickwork,
blockwork, or stonework, laid in mortar causing crack or split in joint
if—
(a) crack or split wider than 3mm; or
(b) face of element on either side of crack or split out of alignment with
opposite face across crack or joint by more than 3mm
|
creation of defective single masonry element—cracked or split more
than 3mm
|
1
|
2.1.2
|
fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in
that building did not resist actions reasonably subject to—local damage
not minimised as demonstrated by deformation in single element concrete floor or
structural concrete element causing crack or split in joint if—
(a) crack or split wider than 5mm; or
(b) face of element on either side of crack or split out of alignment with
opposite face across crack or joint by more than 5mm
|
creation of defective single concrete element—cracked or split more
than 5mm
|
1
|
2.1.3
|
fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in
that building did not resist actions reasonably subject to—local damage
not minimised as demonstrated by deformation in wall, wall render, wall lining,
wall tiling, ceiling lining or cornice causing crack or split in joint
|
creation of defective wall or wall render, lining or tiling, or ceiling
lining or cornice—cracked or split
|
1
|
2.1.4
|
fail to comply with building code, vol 1, cl BP1.1 or vol 2, cl P2.1 in
that building did not resist actions reasonably subject to—local damage
not minimised as demonstrated by possibility of instability or collapse of
primary building element susceptible to termite attack because not provided with
code-compliant termite risk management system
|
failure to protect primary building element with compliant termite
management system
|
2
|
2.1.5
|
fail to comply with building code, vol 1, cl FP1.2, FP1.3 (b), FP1.4,
FP1.5, FP1.6 or vol 2, cl P2.1(b), P2.2.1(c)(ii), P2.2.2, P2.2.3—surface
water, water or dampness could occur in building other than under code
|
failure to protect a building from water or dampness
|
3
|
2.1.6
|
fail to comply with building code, vol 1, cl FP1.1 or vol 2, cl
P2.2.1(a)—surface water collected or concentrated by building not disposed
of in code-compliant way that avoids damage or nuisance to another property, or
likelihood of damage or nuisance
|
creation of building with defective surface water collection or
concentration disposal that damaged or caused nuisance or likelihood of either
to other property
|
2
|
2.1.7
|
fail to comply with building code, vol 1, cl FP1.3 or vol 2, cl
P2.2.1(c)—drainage system for disposal of surface water did not, in
code-compliant way—
(a) carry water to appropriate outfall; or
(b) avoid entry of water to building; or
(c) avoid water damaging building
|
creation of building with defective drainage system—failure to carry
water to appropriate outfall, avoid entry of water to building or avoid water
damaging building
|
3
|
2.1.8
|
fail to comply with building code, vol 1, cl EP2.1 or vol 2, cl
P2.3.2—building without code-compliant automatic warning on smoke
detection
|
creation of building without effective smoke alarm
|
3
|
2.1.9
|
fail to comply with building code, vol 1, cl FP1.7 or vol 2, cl
P2.4.1—water not stopped from penetrating behind fittings, linings or
concealed spaces of sanitary facilities, bathrooms, laundries and other wet area
facilities
|
creation of building with defective wet area waterproofing or water
containment
|
3
|
2.1.10
|
fail to comply with building code, vol 1, cl FP3.1 or vol 2, cl
P2.4.2—height of room or other space more than 50mm less than code
requires
|
creation of building with ceiling height more than 50mm too low
|
3
|
2.1.11
|
fail to comply with building code, vol 2, cl ACT 2.1—asbestos
removed from building other than in code-compliant way
|
unsafe asbestos handling or disposal
|
3
|
2.1.12
|
fail to comply with building code, vol 1, cl FP5.1 to FP5.4 or vol 2,
cl P2.4.6—floor, wall or floor or wall penetration do not comply with code
sound transmission and insulation requirements
|
creation of building with defective sound transmission or insulation
arrangements
|
2
|
2.1.13
|
fail to comply with building code, vol 1, cl DP2(c)(v) or vol 2, cl
P2.5.1(b)(iii)—geometry of stairway risers or goings do not satisfy code
safe passage requirements
|
creation of unsafe step or stairway
|
3
|
2.1.14
|
fail to comply with building code, vol 1, cl DP3 or vol 2, cl
P2.5.2—barrier required under code to prevent people falling not
provided
|
creation of building with defective or no safety barrier
|
3
|
2.1.15
|
fail to comply with building code, vol 1, cl GP1.2 or vol 2, cl
P2.5.3—swimming pool over 300mm deep without code compliant safety
barrier
|
creation of swimming pool with defective or no safety barrier
|
3
|
2.1.16
|
fail to comply with building code, vol 1, cl CP2 or vol 2, cl
P2.3.1—building with element that does not comply with code to avoid
spread of fire to exit, sole occupancy unit or public area or between buildings
or in building
|
creation of building with defective or no fire spread avoidance
measures
|
2
|
2.1.17
|
fail to comply with Building Act 2003, s 42 (1) (c)—mortar
joint in mortar-jointed masonry element not between 8mm and 12mm wide or bed
joint not horizontal
|
creation of defective masonry joint—mortar joint not between 8mm and
12mm wide or bed joint not horizontal
|
1
|
2.1.18
|
fail to comply with Building Act 2003, s 42 (1) (c)—beam,
doorway, window, wall, column, post or truss erected out of plumb
|
creation of out of plumb beam, doorway, window, wall, column, post or
truss
|
1
|
2.1.19
|
fail to comply with Building Act 2003, s 42 (1) (c)—floor,
ceiling, beam or sill erected out of horizontal
|
creation of out of horizontal floor, ceiling, beam or sill
|
1
|
2.1.20
|
fail to comply with Building Act 2003, s 42 (1) (c)—floor,
ceiling or beam erected so surface not flat
|
creation of floor, ceiling or beam without flat surface
|
1
|
2.1.21
|
fail to comply with Building Act 2003, s 42 (1) (d)—building
erected more than 100mm but less than 300mm away from position relative to
boundaries indicated on approved plans
|
failure to comply with building siting on approved plan by more than 100mm
but less than 300mm
|
2
|
2.1.22
|
fail to comply with Building Act 2003, s 42 (1) (d)—building
erected 300mm or more away from position relative to boundaries indicated on
approved plans
|
failure to comply with building siting on approved plan by 300mm or
more
|
3
|
2.1.23
|
fail to comply with Building Act 2003, s 42 (1) (d)—part of
floor erected more than 100mm higher or lower than level indicated on approved
plans
|
failure to comply with floor level on approved plan by more than
100mm
|
2
|
2.1.24
|
fail to comply with Building Act 2003, s 42 (1) (d)—top of
building erected more than 300mm higher than height indicated on approved
plans
|
failure to comply with building height requirements of approved plan by
more than 300mm
|
2
|
2.1.25
|
fail to comply with Building Act 2003, s 42 (1) (d)—location
of structural element, wall, window or door, relative to building erected more
than 100mm away from position on building indicated on approved plans or in
position where plans indicate other element to be erected
|
failure to comply with set out requirements of approved plan for structural
element, wall, window or door by more than 100mm, or inclusion of unplanned
structural element, wall, window or door
|
1
|
2.1.26
|
fail to comply with Building Act 2003, s 42 (1) (d)—lineal
dimensions of window, door or doorway erected more than 100mm larger or smaller
than lineal dimension of window, door or doorway indicated on approved
plans
|
failure to comply with dimensional requirements of approved plan for
window, door or doorway by more than 100mm
|
1
|
2.1.27
|
fail to comply with Building Act 2003, s 42 (1) (d)—beam,
doorway, window, wall, column, post or truss in approved plan not
erected
|
failure to include significant building element from approved
plan
|
2
|
2.1.28
|
fail to comply with Building Act 2003, s 42 (1) (e)—carried
out building work when not builder in commencement notice and not under
supervision of builder in notice
|
carrying out building work when not in commencement notice or supervised by
notice builder
|
2
|
2.1.29
|
fail to comply with Building Act 2003, s 43 (2)—proceeded with
building work above dampcourse level although certifier has not received
required document or is not satisfied that position of building or level of all
floors comply with approved plan and any condition
|
failure to provide survey plan or document or comply with approved plan or
condition before building above dampcourse
|
2
|
2.1.30
|
fail to comply with Building Act 2003, s 43 (3)—proceeded
beyond stage of building work without notifying certifier or without
certifier’s written permission to proceed
|
failure to notify certifier about reaching inspection stage or obtain
written permission before proceeding
|
2
|
2.1.31
|
fail to comply with Building Act 2003, s 64—did not comply
with stop notice
|
failure to comply with stop notice
|
2
|
2.1.32
|
fail to comply with Building Act 2003, s 64—did not comply
with notice to produce survey plan
|
failure to comply with notice to provide survey plan
|
2
|
Part 2.2 Building surveyors licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.2.1
|
fail to comply with Building Act 2003, s 24, s 28 (5) or s 37
(5)—certifier failed to give registrar required notice
|
failure to notify registrar as required under Building
Act 2003
|
1
|
2.2.2
|
fail to comply with Building Act 2003, s 28—certifier failed
to issue building approval when should have, or issued building approval when no
grounds to issue
|
failure to issue required building approval, or issue of unauthorised
building approval
|
2
|
2.2.3
|
fail to comply with Building Act 2003, s 28 (3) or
(4)—certifier issued building approval that was not, or not
entirely—
(a) marked on, attached to, or partly marked on and partly attached to,
plans in relation to which approval was issued; or
(b) marked on plans and certifier did not indicate on plans that approval,
or part of approval, in separate document
|
failure to mark, attach or annotate building approval required detail on
approved plan
|
1
|
2.2.4
|
fail to comply with Building Act 2003, s 30—certifier issued
building approval that allowed building work that would contravene law because
of external design or siting of building
|
issuing improper building approval—building work would contravene law
because of external design or siting
|
3
|
2.2.5
|
fail to comply with Building Act 2003, s 37 (4)—certifier
failed to issue building commencement notice as required
|
failure to issue building commencement notice as required
|
2
|
2.2.6
|
fail to comply with Building Act 2003, s 44 (1)—received
notice that licensee reached stage of building work but did not inspect the
building work as soon as practicable
|
failure to do required inspection as soon as practicable after receiving
notification about it
|
2
|
2.2.7
|
fail to comply with Building Act 2003, s 44 (2)—certifier
satisfied that building work not compliant with Building Act, s 37, but did not
give licensee in charge of building work reasonable, appropriate, written
directions for compliance
|
failure to give directions about how to resolve noncompliant building work
found during required inspection
|
2
|
2.2.8
|
fail to comply with Building Act 2003, s 44 (3)—building work
complied with Building Act, s 42, but certifier did not certify compliant or
give certificate of compliance to licensee in charge of work
|
failure to give certificate of compliance after finding compliant work
during required inspection
|
2
|
2.2.9
|
fail to comply with Building Act 2003, s 50 (1)—certifier
failed to notify registrar of contravention of Building Act as soon as
practicable after becoming aware of contravention
|
failure to notify registrar as soon as practicable of known contravention
of Building Act 2003
|
2
|
Part 2.3 Drainers licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.3.1
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (a)—sanitary
drainage system using water-borne waste disposal designed or constructed so that
does not carry sewage from sanitary plumbing system to approved disposal
system
|
creation of sanitary drainage system that does not carry sewage from
sanitary plumbing system to approved disposal system
|
1
|
2.3.2
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (b)—sanitary
drainage system using water-borne waste disposal designed or constructed so that
supported, jointed or protected in way that failed to avoid likelihood of
blockages and leakages
|
creation of sanitary drainage system with likelihood of blockages or
leakages
|
1
|
2.3.3
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (c)—sanitary
drainage system using water-borne waste disposal designed or constructed so that
supported, jointed or protected in way that failed to avoid likelihood of
penetration of roots or entry of ground water
|
creation of sanitary drainage system with likelihood of penetration of
roots or entry of ground water
|
1
|
2.3.4
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (d)—sanitary
drainage system using water-borne waste disposal designed or constructed in way
that failed to provide access for maintenance and for clearing
blockages
|
creation of sanitary drainage system without access for maintenance or
clearing blockages
|
1
|
2.3.5
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (e)—sanitary
drainage system using water-borne waste disposal designed or constructed without
ventilation adequate to avoid foul air and gases accumulating in the sanitary
drainage system
|
creation of sanitary drainage system without adequate ventilation of foul
air and gases
|
1
|
2.3.6
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (f)—sanitary
drainage system using water-borne waste disposal designed or constructed in way
that failed to avoid likelihood of damage from superimposed loads or normal
ground movement
|
creation of sanitary drainage system with likelihood of damage from loads
or ground movement
|
1
|
2.3.7
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (g)—sanitary
drainage system using water-borne waste disposal designed or constructed in way
that failed to protect system from entry of contaminants
|
creation of sanitary drainage system without protection from
contamination
|
1
|
2.3.8
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (h)—sanitary
drainage system using water-borne waste disposal designed or constructed in way
that failed to prevent stormwater entering sewerage system
|
creation of sanitary drainage system that allowed entry of stormwater
|
1
|
2.3.9
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.2 (i) or (j)—sanitary
drainage system using water-borne waste disposal designed or constructed in way
that failed to avoid likelihood of damage to existing building or sitework or
sewerage system
|
creation of sanitary drainage system with likelihood of damaging existing
building, sitework or sewerage system
|
1
|
2.3.10
|
fail to comply with Water and Sewerage Act 2000,
s 16—altered, removed or interfered with sanitary drain without
giving required notice
|
failure to give required notice of intention to start or complete drainage
work
|
1
|
2.3.11
|
fail to comply with Water and Sewerage Regulations 2001, reg 7
(1)—did work on sanitary drainage system other than in accordance with
approved plan
|
creation of sanitary drainage work other than in accordance with approved
plan
|
1
|
2.3.12
|
fail to comply with Water and Sewerage Regulations 2001, reg
8—
(a) did not tell registrar when sanitary drainage work ready for
inspection; or
(b) did not leave sanitary drainage work ready for inspection as
required
|
failure to tell registrar sanitary drainage work ready for inspection or to
leave work uncovered for test
|
1
|
2.3.13
|
fail to comply with Water and Sewerage Regulations 2001, reg 9
(1)—did not test sanitary drain in accordance with AS 3500 before it was
to be passed by an inspector or, if the sanitary drain was altered or repaired,
before the alteration or repair was to be passed
|
failure to test sanitary drain before inspection
|
1
|
2.3.14
|
fail to comply with Water and Sewerage Regulations 2001, reg 9
(3)—did not rectify sanitary drainage work found to be defective
|
failure to rectify defective sanitary drainage work found by test
|
2
|
2.3.15
|
fail to comply with Water and Sewerage Regulations 2001, reg
10—did not give registrar required information, fee and plan within
required time for sanitary drainage work completed in accordance with AS
3500
|
failure to give required information, fee and plan for completed sanitary
drainage work
|
1
|
Part 2.4 Electricians licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.4.1
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a)
(i)—inadequate or no protection (eg insulation and enclosure) against
direct contact with live parts
|
inadequate or no protection against direct contact with live
parts
|
3
|
2.4.2
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a)
(ii)—inadequate or no protection (eg double insulation or isolating
transformers) against indirect contact with exposed conductive parts
|
inadequate or no protection against indirect contact with exposed
conductive parts
|
2
|
2.4.3
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a)
(iii)—inadequate or no protection (eg enclosure, guarding or screening)
against hazardous parts (eg flammable materials, hot surfaces or parts that may
cause physical injury)
|
inadequate or no protection against hazardous parts
|
3
|
2.4.4
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a)
(iv)—inadequate or no protection (eg unimpaired fire barriers) against
spread of fire
|
inadequate or no protection against fire spread
|
1
|
2.4.5
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (a)
(v)—electrical equipment in poor general condition (eg signs of damage
that could impair safe operation, failure to disconnect unused electrical
equipment)
|
creation of electrical equipment in poor general condition
|
1
|
2.4.6
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(i)—noncompliant consumer mains current carrying capacity
|
creation of consumer mains with noncompliant current carrying
capacity
|
2
|
2.4.7
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(ii)—noncompliant consumer mains voltage drop
|
creation of consumer mains with noncompliant voltage drop
|
1
|
2.4.8
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(iii)—noncompliant consumer mains underground installation
condition
|
creation of consumer mains with noncompliant underground installation
condition
|
3
|
2.4.9
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(iv)—noncompliant consumer mains aerial installation condition
|
creation of consumer mains with noncompliant aerial installation
condition
|
3
|
2.4.10
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(v)—noncompliant consumer mains wiring connection
|
creation of consumer mains with noncompliant wiring connection
|
3
|
2.4.11
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (b)
(vi)—inadequate or no protection of consumer mains against external
influences
|
failure to protect consumer mains against external influence
|
1
|
2.4.12
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(i)—noncompliant switchboard location (eg access or egress)
|
creation of switchboard in noncompliant location
|
2
|
2.4.13
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(ii)—switchboard protective device defect (eg overload and residual
current rating, fault current rating)
|
creation of switchboard with protective device defect
|
3
|
2.4.14
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(iii)—switchboard isolating device defect (eg main switch)
|
creation of switchboard with isolating device defect
|
3
|
2.4.15
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(iv)—switchboard connecting device defect (eg neutral bars, earth bars or
active link)
|
creation of switchboard with connective device defect
|
3
|
2.4.16
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(v)—switchboard connection defect or fixing of switchboard wiring and
switchgear defect
|
creation of switchboard with connection defect or fixing of wiring or
switchgear defect
|
3
|
2.4.17
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(vi)—switchboard identification defect or labelling of switchboard
electrical equipment defect
|
creation of switchboard with labelling identification defect or labelling
electrical equipment defect
|
1
|
2.4.18
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (c)
(vii)—inadequate or no protection of switchboard against external
influences
|
failure to protect switchboard against external influences
|
3
|
2.4.19
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(i)—conductor size of wiring systems defect (eg current-carrying capacity
or voltage drop)
|
creation of wiring system with conductor size defect
|
3
|
2.4.20
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(ii)—inadequate or no identification of cable core
|
creation of wiring system with cable core identification defect
|
1
|
2.4.21
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(iii)—inadequate or no support or fixing of wiring systems
|
creation of wiring system with inadequate or no support or fixing
|
1
|
2.4.22
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(iv)—connection or enclosure of wiring system defective
|
creation of wiring system with connection or enclosure defect
|
2
|
2.4.23
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(v)—noncompliant installation of wiring system with installation condition
(eg underground, aerial, emergency system)
|
creation of wiring system with installation condition in noncompliant
way
|
3
|
2.4.24
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(vi)—inadequate or no segregation of wiring system from other services and
electrical installations
|
creation of wiring system with defective segregation from another service
or electrical installation
|
3
|
2.4.25
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (d)
(vii)—inadequate or no protection of wiring system against external
influences (eg enclosure)
|
failure to protect wiring system against external influence
|
1
|
2.4.26
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(i)—electrical equipment with isolation or switching devices not protected
against injury from mechanical movement devices or motors
|
creation of electrical equipment with defect in isolation or switching
device for protection against injury from mechanical movement device or
motor
|
3
|
2.4.27
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(ii)—electrical equipment with isolation or switching devices not
protected against thermal effects (eg motors, room heaters, water
heaters)
|
creation of electrical equipment with defect in isolation or switching
device for protection against injury from thermal effect
|
2
|
2.4.28
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(iii)—particular electrical equipment switching devices noncompliant (eg
socket-outlets, cooking appliances)
|
creation of electrical equipment switching device noncompliant for
particular electrical equipment
|
2
|
2.4.29
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(iv)—electrical equipment switching devices noncompliant for use in
installation conditions (eg locations affected by water, explosive atmospheres,
extra-low voltage, high voltage)
|
creation of electrical equipment switching device noncompliant in
conditions
|
3
|
2.4.30
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(v)—electrical equipment noncompliant with required Australian
Standard
|
creation of electrical equipment noncompliant with Australian
Standard
|
3
|
2.4.31
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(vi)—electrical equipment connection, support or fixing defect
|
creation of electrical equipment with connection, support or fixing
defect
|
2
|
2.4.32
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (e)
(vii)—inadequate or no protection of electrical equipment against external
influences
|
failure to protect electrical equipment against external
influence
|
2
|
2.4.33
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (i)—MEN
connection defect
|
creation of defective MEN connection
|
3
|
2.4.34
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f) (ii)—earth
electrode defect
|
creation of defective earth electrode
|
3
|
2.4.35
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(iii)—earthing conductor defect (eg size, identification)
|
creation of defective earthing conductor
|
3
|
2.4.36
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(iv)—equipotential bonding conductor defect (eg size,
identification)
|
creation of defective equipotential bonding conductor
|
3
|
2.4.37
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(v)—earthing connection, joint or termination defect
|
creation of defective earthing connection, joint or termination
|
3
|
2.4.38
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(vi)—inadequate or no protection of earthing connection against external
influences
|
failure to adequately protect earthing connection against external
influence
|
2
|
2.4.39
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(vii)—noncompliant connection of earthing to earthing arrangements for
another system
|
creation of earthing with noncompliant connection to earthing arrangements
of another system
|
3
|
2.4.40
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 2.2 (f)
(viii)—earthing situation required earthing of additional electrical
equipment
|
creation of noncompliant earthing requiring earthing of additional
electrical equipment
|
3
|
2.4.41
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.1—earthing
system failed earth continuity and resistance test under AS 3017
|
creation of earthing system that failed earth continuity and resistance
test under AS 3017
|
3
|
2.4.42
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.2—wiring or
installation with inadequate or no insulation resistance between all live parts,
including live conductors and the electrical installation earth, and each live
conductor of consumer mains and submains
|
creation of wiring or installation that failed insulation resistance test
under AS 3017
|
3
|
2.4.43
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.3—wiring or
installation with defective polarity of active, neutral or earthing
conductors
|
creation of wiring or installation that failed polarity test under
AS 3017
|
3
|
2.4.44
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.4—wiring or
installation with defective circuit connections
|
creation of wiring or installation that failed correct circuit connections
test under AS 3017
|
3
|
2.4.45
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.5—wiring or
installation with defective fault-loop impedance
|
creation of wiring or installation that failed fault-loop impedance test
under AS 3017
|
3
|
2.4.46
|
fail to comply with Electricity Safety Act 1971, s 33, compliance
with AS 3000, as indicated by testing under AS 3017, cl 3.6—wiring or
installation with defective residual current device (RCD) operation
|
creation of wiring or installation that failed RCD test under
AS 3017
|
3
|
2.4.47
|
fail to comply with Electricity Safety Act 1971, s 34—did
not ensure electrical wiring work tested under AS 3017 or did not give registrar
or owner of installation required report about test
|
failure to test installation or give required test report
|
2
|
2.4.48
|
fail to comply with Electricity Safety Act 1971,
s 36 (4)—contravention of direction under Electricity Safety
Act, s 36 (2) to take stated action to make installation or work safe and
compliant
|
failure to comply with direction to make installation or work
safe
|
3
|
2.4.49
|
fail to comply with Electricity Safety Act 1971, s 66 or s
67—prescribed article of electrical equipment installed in, or connected
to, electrical installation in stated circumstances
|
creation of connection to unapproved electrical appliance
|
3
|
Part 2.5 Gasfitters licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.5.1
|
fail to comply with Gas Safety Act 2000, s 8 requiring work to be
done under AS 5601, cl 2.5.2—provided outlet not connected to
appliance and not sealed with plug, cap or blank flange
|
failure to appropriately seal surplus gas outlet
|
3
|
2.5.2
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 3.2.1 and 3.3.6—material used to join
components of consumer piping system, or to connect to consumer piping system,
with incompatible mating screw threads or non-compliant joint
|
creation of non-compliant joint in, or connection to, consumer piping
system
|
1
|
2.5.3
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 4.1.3, 4.3.1 (c) and 4.4—material of consumer
piping system, or connecting to consumer piping system, not adequately protected
from corrosion or isolated from incompatible material
|
creation of part of consumer piping system, or connection to it, without
compliant corrosion protection or isolation between incompatible
material
|
2
|
2.5.4
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.1.12—pipework forming part of consumer
piping system required to have compliant markings and did not have
them
|
failure to adequately identify gas pipework
|
1
|
2.5.5
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.2.4—pipework forming part of consumer piping
system with diameter too small to achieve required available gas
pressure
|
creation of part of consumer piping system with noncompliant pipework
size
|
3
|
2.5.6
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.3—inadequate spacing or strength of devices
supporting or restraining, or intended to support or restrain, consumer piping
system
|
failure to adequately support or restrain gas pipework
|
1
|
2.5.7
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.6—part of piping system required to have
adequate pressure protection device
|
creation of consumer piping system with defective gas pressure
protection
|
3
|
2.5.8
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.7—gas vent located in noncompliant position,
or so could discharge gas in prohibited way, or no required gas vent
provided
|
creation of noncompliant gas vent discharge point or failure to provide
required gas vent
|
2
|
2.5.9
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 4.8.2 and 4.8.3—gas hose assembly connection
point located—
(a) in bedroom, bathroom, sauna, toilet or hallway; or
(b) in place where traffic across hose; or
(c) if used for space heater—1m or less from doorway
|
creation of gas hose assembly connection in noncompliant location
|
1
|
2.5.10
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.9.2—quick-connect type gas connection point
installed outside in way that possible for rainwater and debris to enter
it
|
creation of quick-connect gas device outside with likelihood of entry of
water or debris
|
1
|
2.5.11
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.11.3—part of consumer piping system
located less than 25mm from metal electrical conduit, metal-armoured or
metal-sheathed electrical wire or cable, or electrical earthing
electrode
|
creation of part of gas pipework less than 25mm from electrical
installation
|
1
|
2.5.12
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 4.11.11—part of consumer piping system
exposed to potential liquid discharge (eg from water heater relief valve or
condensate drain)
|
creation of part of gas pipework exposed to liquid discharge
|
1
|
2.5.13
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 5.2.4, 5.3.1 and 5.4—
(a) gas appliance’s ventilation inadequate to ensure
appliance’s safe operation; or
(b) possibility that operation of ventilation system, air distribution
system or air blower could deprive gas appliance of air required for combustion
or caused air pressure to be less than atmospheric pressure at appliance or
otherwise adversely affected appliance’s operation; or
(c) gas appliance installed at location without adequate ventilation for
complete combustion of gas, proper fluing or maintenance of ambient temperature
of immediate surrounds at safe level, under normal operating conditions;
or
(d) air supply to gas appliance contaminated with gases produced by fuel
combustion, or contained chemicals or flammable vapours that could have affected
combustion; or
(e) gas appliance in room or enclosure required to have 1 or more of
following, but did not:
(i) natural ventilation direct from outside the room or
enclosure;
(ii) natural ventilation from nearby room or enclosure;
(iii) mechanical ventilation
|
failure to provide gas appliance with compliant air ventilation or adequate
combustion air supply
|
2
|
2.5.14
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.2.5—gas appliance installed other than in
accordance with manufacturer’s instructions
|
creation of gas appliance installation not in accordance with
manufacturer’s instructions
|
2
|
2.5.15
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.2.6—gas appliance installed but failure to
install component or install in compliant way may have affected safe
operation
|
creation of potentially unsafe gas appliance installation
|
3
|
2.5.16
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 5.2.7, 5.3.4 and 5.12—gas appliance installed
so that—
(a) surface temperature of nearby combustible surface could exceed
65˚C above ambient temperature because of use of appliance; or
(b) appliance is hazard to walls, nearby surfaces, curtains, furniture or
opened door; or
(c) clearance from appliance, including any flue, to anything else less
than required
|
creation of gas appliance installation too close to combustible surface or
other hazardous thing
|
3
|
2.5.17
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cls 5.2.13, 5.2.15, 5.2.18, 5.2.19 and 5.12—gas
appliance installed—
(a) so that supported on, or secured to, structure that not durable, or
otherwise inappropriate; or
(b) so that supported or secured in way that does not minimise strain on
any gas pipe connection; or
(c) so that not secured or stabilised in way suitable for its conditions
of use or in accordance with manufacturer’s instruction (eg upright stove
not prevented from tilting when oven door open and lent on; or
(d) but not restrained, or restrained in noncompliant way if required to
be restrained against rolling on wheels, rollers or castors
|
creation of gas appliance with noncompliant support, security, restraint or
stability
|
2
|
2.5.18
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.3.11 (c) and (d)—gas appliance in roof space
not provided with compliant access walkway—
(a) of required dimensions from point of access into roof space to gas
appliance and around appliance; and
(b) with no duct intruding on it; and
(c) capable of supporting person’s weight; and
(d) permanently fixed to building
|
failure to provide compliant walkway to roof space gas appliance
|
3
|
2.5.19
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.3.11 (f)—gas appliance in roof
space without required artificial lighting or lighting switch located adjacent
to, and within 600mm from closest edge of, access opening into roof
space
|
failure to provide required compliant artificial light to roof-space gas
appliance
|
2
|
2.5.20
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.3.11 (c) and (g)—roof-space gas
appliance located so that cannot be readily lit or serviced, or so that
components cannot be removed
|
creation of defective roof-space gas appliance installation—not
readily lit or serviced, parts cannot be removed
|
2
|
2.5.21
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.3.11 (e)—roof-space gas appliance
required to be installed in stated way on non-combustible platform or on
combustible platform with compliant heat shielding was not installed that
way
|
creation of roof-space gas appliance with platform inadequately protected
from combustion
|
3
|
2.5.22
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.6—thing connected to consumer piping system
did not have required compliant device to allow thing to be isolated or
disconnected from gas supply
|
failure to provide required compliant way to disconnect or isolate gas
supply
|
1
|
2.5.23
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.11—gas appliance installed without required
automatic gas shut-off if operation of overhead automatic fire extinguishing
equipment might extinguish appliance’s flame
|
creation of gas appliance installation without automatic gas shut-off on
automatic fire extinguishing
|
3
|
2.5.24
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl 5.13—gas appliance with flue made of
noncompliant material or configured, located or supported in noncompliant
way
|
creation of gas appliance installation with noncompliant flue
|
3
|
2.5.25
|
fail to comply with Gas Safety Act 2000, s 8, requiring work to be
done under AS 5601, cl E3.2.1—consumer piping system gas
pressure dropped or gas leaked more than allowed
|
creation of consumer piping system or connection that leaked gas or dropped
gas pressure
|
3
|
2.5.26
|
fail to comply with Gas Safety Act 2000, s 9 (1)—gasfitting
work completed in accordance with Gas Safety Act, s 9, but—
(a) compliance indicator not attached to the consumer piping in accordance
with Gas Safety Act; or
(b) certificate of compliance for work not given in accordance with Gas
Safety Act
|
failure to attach appropriate indicator to completed gas pipework or to
give appropriate certificate of compliance for pipework
|
3
|
2.5.27
|
fail to comply with Gas Safety Act 2000, s 24 (2)—gas
appliance that not approved connected to consumer piping system
|
connection of unapproved appliance to consumer piping system
|
3
|
Part 2.6 Plumbers licence demerit
disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.6.1
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.1 (b)—sanitary
plumbing system using water-borne waste disposal designed or constructed in a
way that failed to avoid likelihood of blockage or leakage
|
creation of sanitary plumbing system with likelihood of blockage or
leakage
|
2
|
2.6.2
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.1 (c)—sanitary
plumbing system using water-borne waste disposal designed or constructed in way
that failed to avoid the likelihood of water, foul air or gases entering a
building
|
creation of sanitary plumbing system with likelihood of water, foul air or
gas entering a building
|
2
|
2.6.3
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.1 (d)—sanitary
plumbing system using water-borne waste disposal designed or constructed in a
way that failed to provide access for maintenance and clearing
blockages
|
creation of sanitary plumbing system without access for maintenance and
clearing blockages
|
1
|
2.6.4
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.2.1, cl 7.1 (e)—sanitary
plumbing system using water-borne waste disposal designed or constructed in a
way that failed to avoid likelihood of damage from superimposed loads or normal
building movement
|
creation of sanitary plumbing system with likelihood of damage from loads
or building movement
|
1
|
2.6.5
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.1.1, cl 5 (a) and (e)—did not
safeguard people from illness because of consumption of, or contact with,
contaminated water, throughout design life of cold water supply
installation
|
failure to safeguard people from illness because of consumption of, or
contact with, contaminated water
|
2
|
2.6.6
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.1.1, cl 5 (b) and (e)—did not
safeguard people from injury or loss of amenity because of failure of water
supply installation throughout design life of cold water supply
installation.
|
failure to safeguard people from injury or loss of amenity because of
failure of water supply installation
|
2
|
2.6.7
|
fail to comply with Water and Sewerage Regulations 2001, reg 6 (1),
performance requirement under AS 3500.1.1, cl 5 (c) and (e)—did not
safeguard people from water supply that is offensive in appearance, taste or
odour because of failure of water supply installation throughout design life of
cold water supply installation.
|
failure to safeguard people from water supply with offensive appearance,
taste or odour
|
1
|
2.6.8
|
fail to comply with Water and Sewerage Act 2000, s 11 (2) or
s 15 (1) (a) and Water and Sewerage Regulations 2001, reg
17—
(a) installed or fitted sprinkler system or part of fire sprinkler service
without giving required notice of start to registrar; or
(b) altered, repaired or replaced pipe or fitting communicating with water
network without giving required notice (including required plumbing plan) of
start to registrar or without required approval
|
failure to give required notice of intention to start sprinkler or fire
sprinkler work or interfere with pipes communicating with water
network
|
1
|
2.6.9
|
fail to comply with Water and Sewerage Act 2000, s 15 (1) (b)
and (c)—
(a) contravened direction of registrar about alteration, repair or
replacement of pipe or fitting; or
(b) laid pipe communicating with water network other than as authorised
under MP52
|
failure to do work connecting to water network in accordance with
registrar’s direction or MP52
|
2
|
2.6.10
|
fail to comply with Water and Sewerage Regulations 2001, reg
19—
(a) did not tell registrar when water supply plumbing work ready for
inspection; or
(b) did not leave water supply plumbing work ready for inspection as
required
|
failure to tell registrar water supply plumbing work ready for inspection
or to leave work uncovered for test
|
1
|
2.6.11
|
fail to comply with Water and Sewerage Regulations 2001, reg 20
(1)—did not test water supply plumbing in accordance with AS 3500 before
it was to be passed by an inspector or, if the water supply plumbing was altered
or repaired, before the alteration or repair was to be passed
|
failure to test water supply plumbing before inspection
|
1
|
2.6.12
|
fail to comply with Water and Sewerage Regulations 2001, reg 20
(3)—did not rectify water supply plumbing work found to be
defective
|
failure to rectify defective water supply plumbing work found by
test
|
2
|
2.6.13
|
fail to comply with Water and Sewerage Regulations 2001, reg
21—did not give registrar required information, fee and plan within
required time for water supply plumbing work completed in accordance with AS
3500
|
failure to give required information, fee and plan for completed water
supply plumbing work
|
1
|
2.6.14
|
fail to comply with Water and Sewerage Regulations 2001, reg 22
(5)—installed testable backflow prevention device but did not tell
registrar about installation or ensure device tested as required as soon as
practicable
|
installation of testable backflow prevention device without notifying or
testing
|
1
|
2.6.15
|
fail to comply with Water and Sewerage Act 2000,
s 16—altered, removed or interfered with sanitary plumbing without
giving required notice
|
failure to give required notice of intention to start or complete sanitary
plumbing work
|
1
|
2.6.16
|
fail to comply with Water and Sewerage Regulations 2001, reg 7
(1)—did work on sanitary plumbing system other than in accordance with
approved plan
|
creation of sanitary plumbing work other than in accordance with approved
plan
|
1
|
2.6.17
|
fail to comply with Water and Sewerage Regulations 2001, reg
8—
(a) did not tell registrar when sanitary plumbing work ready for
inspection; or
(b) did not leave sanitary plumbing work ready for inspection as
required
|
failure to tell registrar sanitary plumbing work ready for inspection or to
leave work uncovered for test
|
1
|
2.6.18
|
fail to comply with Water and Sewerage Regulations 2001, reg 9
(1)—did not test sanitary plumbing in accordance with AS 3500 before it
was to be passed by an inspector or, if the sanitary plumbing was altered or
repaired, before the alteration or repair was to be passed
|
failure to test sanitary plumbing before inspection
|
1
|
2.6.19
|
fail to comply with Water and Sewerage Regulations 2001, reg 9
(3)—did not rectify sanitary plumbing work found to be defective
|
failure to rectify defective sanitary plumbing work found by test
|
2
|
2.6.20
|
fail to comply with Water and Sewerage Regulations 2001, reg
10—did not give registrar required information, fee and plan within
required time for sanitary plumbing work completed in accordance with AS
3500
|
failure to give required information, fee and plan for completed sanitary
plumbing work
|
1
|
Part 2.7 Plumbing plan certifiers licence
demerit disciplinary grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.7.1
|
fail to comply with Water and Sewerage Act 2000, s 8
(1)—approved plumbing or sanitary drainage work plan without required
approvals
|
failure to obtain required approval before approving plumbing or drainage
plan
|
3
|
2.7.2
|
fail to comply with Water and Sewerage Act 2000, s 8 (2)
(d)—certifier issued plan approval for proposed plumbing or sanitary
drainage work, or approved amendment plan, where design of work did not comply
with AS 3500
|
creation of plan approval or amendment for noncompliant plumbing or
drainage work
|
2
|
2.7.3
|
fail to comply with Water and Sewerage Act 2000, s 9
(2)—certifier approved amendment to plan approval for proposed plumbing or
sanitary drainage work where reconsideration required
|
approved amended plan that required reconsideration
|
1
|
2.7.4
|
fail to comply with Water and Sewerage Act 2000, s 9
(3)—certifier did not keep all documents relating to approved plumbing or
drainage plan for at least 1 year
|
failure to keep plan approval records for 1 year
|
1
|
2.7.5
|
fail to comply with Water and Sewerage Act 2000,
s 10—certifier did not notify registrar within 7 days after end of
appointment under Water and Sewerage Act, s 5 (3) or (4)
|
failure to notify loss of appointment as certifier within 7 days after
loss
|
1
|
Part 2.8 All licences demerit disciplinary
grounds under Act, s 53 (1) (a)
column 1
item
|
column 2
demerit disciplinary
ground
|
column 3
short description
|
column 4
demerit points
|
2.8.1
|
fail to comply with Act, s 39—contravention of rectification order
other than emergency rectification order
|
contravention of non-emergency rectification order
|
2
|
2.8.2
|
fail to comply with Act, s 39—contravention of emergency
rectification order
|
contravention of emergency rectification order
|
4
|
2.8.3
|
fail to comply with Act, s 46—did not give client evidence of
relevant insurance before providing construction service
|
failure to give client insurance evidence
|
1
|
2.8.4
|
fail to comply with Act, s 85 (1)—contravention of licence condition
that—
(a) limited number or cost of construction services provided under
licence; or
(b) required licensee to do something in a stated way in connection with
the performance of a construction service
|
failure to comply with licence condition
|
2
|
2.8.5
|
fail to comply with Act, s 85 (3)—contravention of applicable code of
practice
|
failure to comply with applicable code of practice
|
1
|
Schedule 3 Licence demerit disciplinary
grounds under Act, s 53 (1) (other than par (a))
(see reg 42)
column 1
item
|
column 2
provision
|
column 3
short description
|
column 4
demerit points
|
3.1
|
s 53 (1) (b)
|
giving false or misleading information
|
2
|
Dictionary
(see reg 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to these regulations.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• Act.
Note 3 Terms used in these regulations have the same meaning that
they have in the Construction Occupations (Licensing) Act 2003 (see
Legislation Act, s 148). In particular, the following terms are defined in the
Construction Occupations (Licensing) Act 2003, dict:
• AS 3500
• building certifier
• disciplinary action
• demerit disciplinary ground
• endorsement
• nominee
• registrar.
AS 3000 means Australian Standard 3000 (Wiring Rules), as in
force from time to time.
AS 3017 means Australian Standard 3017 (Electrical
Installations—Testing and Inspection Guidelines), as in force from time to
time.
AS 5601 means Australian Standard 5601 (Gas Installations),
as in force from time to time.
basic building work—see the Building Act 2003,
section 10.
building certification work—see the Act, section 9 (3)
(What is a building surveyor?).
electrical wiring work—see the Act, section 11 (3)
(What is an electrician?).
fire sprinkler work—see the Act, section 13 (3) (What
is a plumber?).
gasfitting work—see the Act, section 12 (3) (What is a
gasfitter?).
incidental electrical work—see the Electricity
Safety Act 1971, section 3 (1).
sanitary drainage work—see the Act, section 10 (3)
(What is a drainer?).
sanitary plumbing work—see the Act, section 13 (3)
(What is a plumber?).
specialist building work—see the Building Act
2003, section 9.
type B gas appliance means a gas appliance
that—
(a) consumes more than 10MJ/h of gas; and
(b) is not covered by an approval scheme for gas appliances recognised by
an entity appointed by the government of a State or Territory to administer the
gas safety legislation for the State or Territory.
water supply plumbing work—see the Act, section 13 (3)
(What is a plumber?).
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• entity
• Legislation Act
• under
• working day.
AS 3500—
(a) means Australian Standard 3500 (National Plumbing and Draining Code),
as in force from time to time; and
(b) includes AS/NZS 3500.1.2:1998 and AS/NZS 3500.4.2:1997.
authorised action, for part 4 (Rectification orders and other
obligations on licensees)—see section 33.
authorised licensee, for part 4 (Rectification orders and
other obligations on licensees)—see section 33.
builder—see section 8.
building certifier—see the Building Act 2003,
dictionary, definition of certifier.
building surveyor—see section 9.
building work—see the Building Act 2003, section
6.
class, of a construction occupation, means a class into which
the occupation is divided under the regulations (see section 15).
compliance auditor, for part 6 (Enforcement)—see
section 74.
construction occupation—see section 7.
construction practitioner—see section 6.
daily ACT newspaper means a daily newspaper published and
circulating in the ACT.
demerit disciplinary ground, for part 8 (Demerit points
system)—see section 87.
demerit points register, for part 8 (Demerit points
system)—see section 87.
disciplinary action means action the registrar may take under
section 60 (1).
disciplinary ground—see section 53.
disciplinary incident, for part 8 (Demerit points
system)—see section 87.
disciplinary notice—see section 55.
drainer—see section 10.
electrician—see section 11.
emergency rectification order—see section 38.
endorsement means an endorsement under section 22.
former licensee means a person who has been a
licensee.
gasfitter—see section 12.
infringement notice—see Magistrates Court Act
1930, section 117.
inquiry means an inquiry under division 5.3 (Disciplinary
inquiries).
licence means a licence under this Act.
licensee, for part 8 (Demerit points system)—see
section 87.
licence number, for a licence—see section 23 (1)
(c).
mandatory requirements, for division 3.2 (Nominees)—see
section 27.
nominee, of a corporation or partnership, means a person who
is appointed as a nominee of the corporation or partnership under section 28
(Nominees of corporations and partnerships).
occupation class means a class into which a construction
occupation is divided under section 15.
operational Act—see section 16.
plumber—see section 13.
plumbing plan certifier—see section 14.
previous 3 years, for part 8 (Demerit points
system)—see section 88.
rectification order—see section 37 (1).
register means the register kept under section 105.
registrar—see section 101.
reviewable decisions means a decision prescribed under the
regulations for section 122.
storey—see the Building Act 2003,
dictionary.
supervise includes direct.
Endnote
Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2003
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