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Legislative Assembly for the ACT: 1998 Week 3 Hansard (28 May) . . Page.. 736 ..

MR SMYTH (continuing):

The Chief Minister announced in November 1997 that one of the first actions of her Government, if re-elected, would be to introduce legislation to provide for industry certification - that is, legislation to enable private certifiers to approve work performed by the ACT construction industry. The introduction of the exposure draft meets that commitment and provides the most significant piece of legislation in the industry certification package. Because of its significance, the Bill has been tabled as an exposure draft to give the public the opportunity to contribute to the development of some of its important elements, such as whether departmental officers, the courts or industry peers should be responsible for deciding on the efficacy of decisions made by private certifiers.

"Construction" in the context of the exposure draft refers to building, electrical and plumbing work. The present system of regulating building and plumbing work includes government plan approval before work begins and then government inspections while the work is being carried out. For electrical installations, only the inspection of completed work is required. Under the reforms, some government plan approval and inspection processes will give way to private certification and/or self-certification by industry practitioners. To protect the public, private certifiers will be required to register and self-certifiers will have to be registered private certifiers.

The exposure draft deals with the registration of private certifiers. It provides a framework for registration, establishes qualification requirements, which are to include suitable amounts of professional indemnity insurance, provides for performance audit of private certifiers and establishes a disciplinary procedure. The move to private certification of building regulation follows the national trend. Private certification of building is, or is about to be, in force in every part of Australia, except Western Australia, which is expected to introduce it in 1999. Similarly, the move to simplify the regulation of plumbing and electrical regulation follows similar moves in other States and Territories. Mr Speaker, the regulatory reform will also involve amendments to the three Acts controlling building, electrical and plumbing work in the ACT so that the detailed requirements concerning what has to be certified and who has to certify will be prescribed in regulations. The Government therefore intends, Mr Speaker, to table a final version of the exposure draft, followed by the tabling of the amendments to the three existing Acts and then the tabling of the proposed regulations.

Mr Speaker, the reforms being proposed follow extensive consultation with the community and the construction industry. In addition, the details to be included in the regulations will be decided in cooperation with the community and the construction industry. Accordingly, once the legislation is in place, I anticipate that industry certification will commence in the ACT in January 1999.

Question resolved in the affirmative.

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