Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 2003 Week 4 Hansard (1 April) . . Page.. 1117 ..

MR CORBELL (Minister for Health and Minister for Planning) (11.02): I move:

Mr Speaker, I am pleased to present the Construction Practitioners Legislation Amendment Bill 2002. The Construction Practitioners Registration Act 1998 and regulations commenced in December 1998. The act and regulations provide for the registration of private building certifiers. Prior to the commencement of the act, government inspectors undertook certification of buildings in accordance with approved plans. Before a building can be occupied, certification of the building work is required so that a certificate of occupancy can be issued under the Building Act 1972.

Unlike New South Wales, Victoria and Queensland, which also have private building certification, there is no capacity in the ACT for the government to provide certification services. Under the state/local government structures, local councils have the legislative capacity-in some states a mandatory requirement-to provide building certification functions.

Because the ACT has only a privatised certification system, certifiers have the right to refuse to take on work, particularly uncompleted projects of another certifier who is no longer registered. Without some amendment to the current system, there is no way to finalise the uncompleted projects.

Mr Speaker, instability within the insurance industry over the last few years has seen insurers become less willing to insure certifiers that they assess to be "high risk". As a result of this, one of the major certifiers in the ACT has been unable to gain the mandatory professional indemnity insurance required for continuing registration as a construction practitioner and, therefore, is unable to undertake building certification work. This certifier has also recently been subject to disciplinary action taken as a result of complaints from clients and audits by Planning and Land Management. The certifier, at the time of leaving the certification industry, had a significant number of active projects.

Another major certifier in the ACT commenced a four-month suspension on 1 March this year as a result of disciplinary action (pending completion of the appeal period to the Supreme Court). This certifier also has active projects. Clients of these two certifiers are now required to appoint another certifier to complete the certification of their building work and therefore to be able to apply for a certificate of occupancy.

In recent weeks, Planning and Land Management has received an increasing number of phone calls from people advising that they are having difficulty appointing any of the remaining certifiers in the ACT to take on their projects. There is a range of reasons for this, not the least being a concern over the potential insurance risk for any subsequent certifier taking on projects where building work has commenced. This situation has highlighted a fundamental flaw in the current system of private building certification, which is the absence of an alternative certification option.

With the impending increase in certification work as the rebuilding from the bushfires starts, it may become increasingly difficult for those with unfinished projects to find, let

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .