Page 108 - Week 01 - Tuesday, 25 February 2014
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recognises the roles the registrar and the regulatory system play and increases the range of options available to meet those standards and respond where they are not met.
The bill provides new powers for the registrar to consider whether issuing a rectification order to a person that undertook noncompliant work is appropriate because it may result in further public health or safety and consumer protection risks. At present the registrar may only authorise another party if it is not appropriate for the licensee to do the work because of the relationship between the licensee and the landowner. The registrar should have confidence that the person that is given a rectification order has the ability to carry out the work or arrange for the work to be carried out. So the new provisions allow the registrar to consider this when deciding to issue a rectification order. Other than emergency orders, a rectification order is only issued after a show cause process, and the issuance of such is a reviewable decision. The bill does not remove that procedural fairness.
A further amendment allows the registrar to take an immediate occupational discipline action while awaiting the outcome of an application to the ACAT for an occupational discipline order. Under the existing section 56, if the registrar believes on reasonable grounds that a ground for occupational discipline exists in relation to a licensee, the registrar may apply to the ACAT for occupational discipline on the licensee. Alternatively, the registrar may take an alternative action to reprimand the licensee, require the person to complete a stated course of training, impose a condition on their licence or amend an existing condition.
However, the registrar cannot currently take an immediate action and apply to the ACAT for an order. This bill removes that restriction, so the registrar can move immediately to protect the public while applying for a more permanent ACAT order. Disciplinary actions by the registrar remain reviewable decisions.
These are important reforms. They make sure that some of the serious issues around building quality that we have seen repeated representations to the government and the Assembly on from building owners and tenants, from those who inherit the poor decisions and poor practices of building practitioners, are able to be appropriately addressed with increases in penalties, increases in occupational discipline powers and increases in discretion for the registrar, but still with procedural fairness. We are working to address these building quality issues and maintain the reputation of those many people in the building industry who deliver quality services, quality skills and quality buildings.
I thank members for their support of this bill, and I commend it to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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