Page 4806 - Week 13 - Thursday, 28 November 2019
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Amendments include a 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 their licence, including arrangements for regular communication with nominees.
A licensed corporation or partnership has dual responsibilities with their nominees to make sure that work is adequately supervised and compliant with relevant laws. The amendments make clear that failing to have an effective system of management is not a reasonable excuse to prevent action being taken against the corporation or partnership under the licensing act or other operational acts.
Amendments to the Building Act include new powers for building inspectors to direct landowners and licensed builders in relation to non-compliant work. This brings powers for building inspectors in line with powers already in place for plumbing, gasfitting and electrical inspectors.
To better inform the public, amendments also allow for information about stop notices to be made public or signs to be displayed on land in relation to a stop notice if necessary or desirable to protect the public. I am particularly pleased about this. This complements the existing public register of information about licensees and helps people to make informed decisions about people they may engage or who are associated with construction services.
At the moment the Building Act gives an express ability for building certifiers to request engineer certificates in relation to the structural soundness and stability of a building. This bill will give building certifiers the ability to request a greater range of expert engineering advice in relation to matters of safety, health and amenity that may affect whether the building as erected or altered is fit for purpose. There is no change to the requirement that a certifier may request a certificate only if satisfied on reasonable grounds that it is desirable to do so, in the interests of people who occupy or use, or are likely to occupy or use, the building.
The amendments support other reforms in the government’s reform program, particularly by complementing the new documentation guidelines for building approvals and code of practice for building surveyors by allowing building certifiers to request additional expert advice if required. The new code of practice confirms that a building certifier cannot solely rely on certificates and must undertake their own inspections. But where they do not have the requisite expertise to determine compliance, they may seek advice from other construction professionals. This is something that the community has been calling for, and I am very pleased that it is in the bill.
The bill also revises powers in relation to automatic suspension grounds. Grounds for automatic suspension include loss of eligibility because of a conviction for prescribed criminal offences, bankruptcy or personal insolvency, loss of required insurance or not having a nominee, in the case of corporations and partnerships. An automatic suspension may also be applied on public safety grounds. Loss of eligibility is also a ground for occupational discipline. Where the registrar is aware of the grounds for the
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