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Legislative Assembly for the ACT: 2003 Week 4 Hansard (1 April) . . Page.. 1118 ..

MR CORBELL (continuing):

alone employ, another certifier. The purpose of this bill is to provide for government appointed building certifiers as a "last resort"certification option. The objective of these amendments is to provide a "safety net"or certifier of last resort. They do not constitute the introduction of a full government certification scheme. The government certifier will not be in direct competition with private building certifiers, as the government certifier can only be appointed by the building controller when no other private certifier has agreed to take on the uncompleted certification work.

Mr Speaker, this bill amends the Building Act 1972 and regulations, and the Construction Practitioners Registration Regulations 1998, to provide for the following. Firstly, two new categories of construction practitioner-principal government building surveyor and government building surveyor.

Secondly, the building controller is the only person who can appoint or revoke an appointment of a registered government principal building surveyor or government building surveyor to act as government certifier for certification work. The appointment can only occur after the building controller has approved an application from the owner of the parcel of the land where the certification work is required.

Thirdly, the regulations stipulate the circumstances in which a lessee can apply for the use of a government building surveyor to undertake building certification work. The criteria are that the original certifier appointed to the project is no longer the certifier and:

a building approval is in effect prior to the commencement of the regulations; and

a licensed builder has started work; and

the applicant provides proof of inability to engage a private certifier (by statutory declaration or some administrative form).

The government appointed certifier will have the power to require existing records from the previous certifier for any certification work already undertaken. The Building Act 1972 has also been amended so that the government will indemnify work undertaken by a government certifier. The Construction Practitioners Registration Regulations are amended so that a registered government building surveyor will not be required to have their own professional indemnity insurance for work undertaken as a government appointed certifier. The government has made the necessary arrangements to expand the territory's insurance to include the function of "Government Certifier".

Mr Speaker, the criteria for the use of a government certifier mean that they will primarily be limited to an inspection and certification role. They will not issue an initial building approval but would be able to certify any required amendments. The government certifier will be subject to the same audit and disciplinary provisions as private certifiers under the Construction Practitioners Registration Act. In addition, where the government certifier was also a public servant, disciplinary action under the Public Sector Management Act 1994 would also be available, depending upon the seriousness of the breach.

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