Victorian Current Acts Victorian Current Acts(1) A natural person may apply to the Authority for an exemption from an offence against section 169EA(1) in relation to the carrying out of a type of building work prescribed for the purposes of that section (the relevant building work ).
(2) An application under subsection (1) must—
(a) be in writing in a form approved by the Authority; and
(b) state the relevant building work that the exemption applies to; and
(c) be accompanied by the appropriate application fee—
(i) determined in accordance with the guidelines under Division 1 of Part 12; or
(ii) prescribed by the regulations; and
(d) include or be accompanied by the following—
(i) a recent photograph of the applicant that is of a size and form specified by the Authority;
(ii) a statement by the applicant that the applicant intends to carry out the relevant building work while employed by a builder registered under section 171(1)(a) or a registered builder subcontractor, whose registration authorises the carrying out of the relevant building work (the employing builder ); and
(e) include a statement by the employing builder that the employing builder intends to employ the applicant during the period of the exemption; and
(f) include evidence that the applicant—
(i) holds, or is enrolled in a course to obtain, the prescribed qualification for registration under section 171(1)(ab) in a class of builder that authorises the carrying out of the relevant building work; or
(ii) holds, or is enrolled in a course to obtain, the prescribed qualification for a licence under section 187F(1) in a class of building employee that authorises the carrying out of the relevant building work; and
(g) include a statement by the applicant that the person does not have the prescribed experience for registration under section 171(1)(ab) or a licence under section 187F(1), which would authorise the carrying out of the relevant building work; and
(h) include any other information required by the Authority; and
(i) include the prescribed information (if any).
(3) The Authority may grant an exemption referred to under subsection (1) if—
(a) the application complies with subsection (2); and
(b) the Authority is satisfied that the statements and evidence provided in or with the application are true and correct; and
(c) the applicant has provided any other information required by the Authority.
(4) In deciding whether to grant an exemption under subsection (3), the Authority may take into account any matters that it thinks fit, including any particular circumstances that apply in relation to the exemption application.
(5) The Authority may grant an exemption under subsection (3) for a period of no more than 3 years.
(6) A person granted an exemption under subsection (3) may apply to the Authority to vary the exemption to change the details of the employing builder.
(7) The same requirements for an application for an exemption under subsection (1) apply to an application to vary an exemption under subsection (6), except the requirement under subsection (2)(d)(i).
(8) The Authority may vary an exemption under subsection (3) to change the details of the employing builder if—
(a) the application for the variation complies with subsection (7); and
(b) the Authority is satisfied that the statement by the new employing builder provided in the application is true and correct.
(9) An exemption granted under subsection (3), including as varied under subsection (8), ceases to have any force—
(a) for any part of the period of the exemption during which the person granted the exemption—
(i) is not employed by the employing builder; or
(ii) has ceased to be enrolled in a relevant course referred to in subsection (2)(f) without completing that course; and
(b) immediately after the period of the exemption expires.
S. 169F (Heading) amended by Nos 46/2018 s. 11(1), 40/2021 s. 16(1), substituted by No. 11/2023 s. 42(1).
S. 169F inserted by No. 21/2017 s. 7.