Page 4320 - Week 12 - Thursday, 24 October 2019
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enforceable undertakings will also be able to be published on the public licence register.
A person could give an undertaking in relation to a contravention that occurred before the commencement of the provisions, including in relation to a notice of intention issued before commencement. However, the provisions do not affect rectification orders that have been issued before the commencement of the provisions.
Other proposed amendments to construction licensing laws include provisions that allow for the Construction Occupations Registrar to issue a rectification order if made aware of the relevant breach of construction legislation within six months before the 10-year period within which the order can be issued expires if the rectification order is made within one year of the registrar becoming aware of the contravention; clarify that the registrar does not need to prescribe how work must be undertaken to achieve compliance with a rectification order; revise powers in relation to automatic suspension grounds so that if after three months the grounds for the suspension still exist the registrar can make a reviewable decision to cancel the licence; include provision that a licensed corporation or partnership must have policies and procedures for the effective management and supervision of their nominees and construction services under the licence, including arrangements for regular communication with nominees; clarify provisions in relation to mandatory qualifications, being both academic and non-academic qualifications.
The proposed amendments to the Building Act will improve the operation and the administration of that act. This includes provisions that expand the powers of government inspectors to direct builders and landowners in relation to unsafe or non-compliant work, consistent with the existing powers of electrical, gas fitting and plumbing inspectors in other construction laws. This will give building inspectors an additional option when a stop notice or other power may not be appropriate but work must be made safe or compliant. Other amendments give the registrar powers to display signs and public information in relation to stop notices.
There is a range of reasons for issuing a stop notice, and not all the reasons for issuing a stop notice necessarily relate to a failure of the licensed builder carrying out the work. While it may not always be appropriate to publicise a stop notice there may be public safety and public protection implications in relation to some stop notices. In these cases it is important to be able to inform the public regarding a stop notice. These provisions require the registrar to keep a register of stop notices and allow the registrar, once certain tests have been met, to display a sign, on or near a parcel of land that a stop notice has been issued in relation to, stating that a stop notice has been issued and to make available to the public information about a stop notice.
The bill also includes amendments that provide for building certifiers to request a broader range of certificates from qualified engineers in relation to matters of safety, health and amenity that may affect whether a building is fit for occupation and use. While many certifiers already require certification from suitably qualified engineers, this amendment confirms the certifier’s right to do so where it is necessary.
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