Page 3040 - Week 07 - Thursday, 1 July 2010
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capacity for government to compel assessors’ compliance with provisions in ACT legislation for preparation of EERs. There is no formal consumer complaints mechanism.
Energy assessment is still a relatively new field of practice. ACTPLA audits of the ratings system show the ACT would benefit from more formal regulation, consistent with other construction occupations. The bill I introduce today utilises the existing regulatory framework under the Construction Occupations Licensing Act 2004, known as COLA, and the Building Act 2004, to license and regulate energy efficiency assessors. Licensing assessors in this way will enable incorrect assessments to be rectified. It will also place conditions on licensees who need to improve their skills to do so. It will also allow consumers to access the complaints process established by COLA.
COLA was developed to incorporate construction related occupations in a consistent framework. It is in keeping with this that assessors will be included under this legislation, rather than through the creation of a new regime. COLA was established with industry consultation and is a robust regulatory framework, accepted by industry. It is, therefore, the simplest and most cost-effective method to achieve the goal of licensing energy assessors.
Mr Speaker, the bill provides for licensing a new occupation under COLA. The bill also stipulates the particular licensing requirements and the codes of practice for energy assessors within COLA itself, rather than creating a separate occupational act. The bill only prescribes energy assessor licensing for residential schemes, and only individual assessors will be required to hold a licence. Separate licence endorsements will be granted for each of the software tools a licensee is trained to use. This means that licensees may choose to be endorsed only for the tools they use in practice, and licensees can apply for a new endorsement as they gain competency in a new software tool.
The bill also introduces provisions to allow the creation of more classes of licence. This provides scope to license more assessable work. This could cover work such as water efficiency and appliance assessments in the future, if required. These provisions will also allow other pre-purchase assessors, such as those who conduct building inspection reports for sale or purchase, to be regulated, if necessary.
The bill will also consolidate all guidelines for preparing energy efficiency ratings and certificates into a single code of practice under COLA. The bill also transfers relevant conflict of interest provisions into that act. Assessors will also need to obtain adequate insurance to be eligible for a licence. To minimise disruption to current energy assessors, a transition has been included in the bill to allow 12 months for assessors to apply for a licence. During this time they will be deemed to be licensed and endorsed for the software currently permitted under registration. Eligibility provisions in forthcoming qualifications regulation will allow previous registration to be recognised as a pathway to licensing.
The bill also includes two generic aspects of regulation to improve agency responses to events that pose a risk to public safety. The bill will authorise the Construction Occupations Registrar to suspend a licence where an issue of public safety has been
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