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Building Professionals Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Building Professionals Act 2005 in relation to the accreditation of accredited certifiers and other building professionals, the investigation of complaints and the taking of disciplinary action; and for other purposes.
Clause 1 Building Professionals Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Building Professionals Amendment Act 2008. 3 2 Commencement 4 This Act commences on a day or days to be appointed by proclamation. 5 3 Amendment of Building Professionals Act 2005 No 115 6 The Building Professionals Act 2005 is amended as set out in Schedules 7 1 and 2. 8 4 Repeal of Act 9 (1) This Act is repealed on the day following the day on which all of the 10 provisions of this Act have commenced. 11 (2) The repeal of this Act does not, because of the operation of section 30 12 of the Interpretation Act 1987, affect any amendment made by this Act. 13 Page 2
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 Schedule 1 Principal amendments 1 (Section 3) 2 [1] Section 3 Definitions 3 Omit the definitions of accredited certifier and certificate of accreditation 4 from section 3 (1). 5 [2] Section 3 (1) 6 Insert in alphabetical order: 7 accreditation holder means the holder of a certificate of 8 accreditation. 9 accredited body corporate means a body corporate that holds a 10 certificate of corporate accreditation. 11 accredited certifier means the holder of a certificate of 12 accreditation as an accredited certifier. 13 accredited certifier director means a person who is an accredited 14 certifier and a director of an accredited body corporate. 15 building professional means the holder of a certificate of 16 accreditation as a building professional. 17 certificate of accreditation means a certificate of accreditation 18 issued under this Act and in force. 19 certificate of corporate accreditation means a certificate of 20 accreditation issued to a body corporate. 21 certificate of individual accreditation means a certificate of 22 accreditation issued to an individual. 23 certification work means: 24 (a) the determining of an application for any development 25 certificate, or 26 (b) the carrying out of the functions of a principal certifying 27 authority under the Environmental Planning and 28 Assessment Act 1979, or 29 (c) the carrying out of inspections for the purposes of section 30 109E (3) (d) of that Act. 31 development certificate means: 32 (a) a Part 4A certificate, 33 (b) a complying development certificate, 34 Page 3
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (c) a strata certificate issued under the Strata Schemes 1 (Freehold Development) Act 1973 or the Strata Schemes 2 (Leasehold Development) Act 1986. 3 professional misconduct has the same meaning as in Part 3. 4 unsatisfactory professional conduct has the same meaning as in 5 Part 3. 6 [3] Section 4 Accreditation scheme 7 Insert after section 4 (9): 8 (9A) Different accreditation schemes may be prepared under this 9 section in relation to accredited certifiers or building 10 professionals or different classes of accredited certifiers or 11 building professionals. 12 [4] Section 5 Applications for accreditation 13 Omit "(other than a body corporate)" from section 5 (1). 14 [5] Section 5 (1A) 15 Insert after section 5 (1): 16 (1A) An application for accreditation to carry out certification work 17 only on behalf of a particular council may not be made except on 18 the recommendation of that council. 19 [6] Section 5 (3) (b) 20 Insert "in the case of an applicant who is an individual," before "that the 21 applicant". 22 [7] Section 5 (4) 23 Insert after section 5 (3): 24 (4) The regulations may make provision for or with respect to the 25 making of recommendations by councils for the purposes of 26 subsection (1A), including the form and manner of making such 27 recommendations and the matters that are to be taken into 28 account when making any such recommendation. 29 [8] Section 5A 30 Insert after section 5: 31 5A Classes of certificate of accreditation 32 (1) The Board may issue the following classes of certificate of 33 accreditation: 34 Page 4
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (a) a certificate of corporate accreditation as an accredited 1 certifier which may only be issued to a body corporate that 2 has at least one director who is an accredited certifier and 3 has as directors or employs at least 2 other persons who are 4 accredited certifiers, 5 (b) a certificate of individual accreditation as an accredited 6 certifier which may only be issued to an individual, 7 (c) a certificate of individual accreditation as a building 8 professional which may only be issued to an individual. 9 (2) The regulations may provide that different categories of 10 certificate of individual accreditation may be issued by the 11 Board. 12 (3) Without limiting subsection (2), the regulations may prescribe 13 one or more categories of individual accreditation in relation to 14 persons who carry out certification work only on behalf of 15 councils. 16 [9] Section 6 Determination of application for accreditation 17 Insert "individual" before "accreditation" where firstly occurring in section 6 18 (2). 19 [10] Section 6 (9)(11) 20 Insert after section 6 (8): 21 (9) Nothing in subsection (8) prevents the Board from determining 22 an application after the expiration of the 60-day period referred 23 to in that subsection. 24 (10) A determination pursuant to subsection (9) does not, subject to 25 subsection (11), prejudice or affect the continuance or 26 determination of an application for a review made under section 27 18 in respect of a determination that is taken by subsection (8) to 28 have been made. 29 (11) If a determination pursuant to subsection (9) is made by issuing 30 the relevant certificate of accreditation, the Board is entitled, with 31 the consent of the applicant and without prejudice to costs, to 32 have any application for review (being an application made under 33 section 18 in respect of a determination that is taken by 34 subsection (8) to have been made) withdrawn at any time prior to 35 the determination of that application for review. 36 Page 5
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments [11] Section 6A 1 Insert after section 6: 2 6A Accreditation of persons to carry out certification work only on 3 behalf of councils 4 (1) When determining an application under section 6 for the issue or 5 renewal of accreditation of a person to carry out certification 6 work only on behalf of a particular council, the Board must not 7 refuse to issue or renew the accreditation on a ground referred to 8 in section 7 (1) (b) or (d) unless the Board has information that 9 gives it reason to believe that it should refuse the application on 10 that ground. 11 (2) Nothing in subsection (1) requires the Board to make inquiries to 12 satisfy itself as to any of the matters referred to in section 7 (1) 13 (b) or (d) before granting the application concerned. 14 [12] Section 7 Grounds for refusal of accreditation 15 Insert "individual" before "accreditation" where firstly occurring in section 7 16 (1). 17 [13] Section 7 (1A) 18 Insert after section 7 (1): 19 (1A) The Board may refuse to issue or renew a certificate of corporate 20 accreditation: 21 (a) if the body corporate concerned does not have at least one 22 director who is an accredited certifier and does not have as 23 directors or employ at least 2 other persons who are 24 accredited certifiers, or 25 (b) if the body corporate does not comply with a requirement 26 under section 5 (3) (a), or 27 (c) if the Board is not satisfied that the body corporate is 28 covered by the insurance required by Division 2 of Part 6 29 or can obtain such insurance, or 30 (d) if the Board is not satisfied that a director of, or a person 31 concerned in the management of, the body corporate is a 32 fit and proper person, or 33 (e) if the body corporate's equivalent authorisation has been 34 suspended or cancelled (otherwise than at its request) 35 under the law of another jurisdiction, or 36 (f) if the body corporate or a director of, or a person concerned 37 in the management of, the body corporate has contravened 38 Page 6
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 a law (whether or not a New South Wales law, and whether 1 or not the contravention is an offence) that relates to the 2 functions or obligations of a person as an accredited 3 certifier or the holder of an equivalent authorisation or 4 involves fraud or dishonesty, or 5 (g) if the body corporate or a director of, or a person concerned 6 in the management of, the body corporate has failed to 7 comply with a statutory or other duty, or a contractual 8 obligation, imposed on the body corporate, director or 9 person by or in accordance with a law (whether or not a 10 New South Wales law) that relates to the functions or 11 obligations of a person as an accredited certifier or the 12 holder of an equivalent authorisation, or 13 (h) if a director of, or a person concerned in the management 14 of, the body corporate is an undischarged bankrupt, or 15 (i) if the body corporate is the subject of a winding up order 16 or a controller or administrator has been appointed in 17 respect of it, or 18 (j) if the body corporate has represented itself as being an 19 accredited certifier when it was not an accredited certifier, 20 or 21 (k) if the body corporate has contravened any code of conduct 22 in the accreditation scheme, or 23 (l) for such other reasons as may be prescribed by the 24 regulations. 25 [14] Section 8 Suspension or cancellation of accreditation 26 Omit "as an accredited certifier" from section 8 (1). 27 [15] Section 8 (1) (a) 28 Insert "in the case of a certificate of individual accreditation," before "the 29 person". 30 [16] Section 8 (2) 31 Omit "certificate of accreditation as an accredited certifier". 32 Insert instead "certificate of individual accreditation". 33 [17] Section 8 (2) (b1) 34 Insert after section 8 (2) (b): 35 (b1) it is a condition of the certificate of accreditation that the 36 person may carry out certification work only as an 37 Page 7
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments employee of a particular council and the person has ceased 1 to be so employed or has ceased to be employed in a 2 position that includes the function of carrying out such 3 work, or 4 [18] Section 8 (2) (g) 5 Insert at the end of section 8 (2) (f): 6 , or 7 (g) the Board is of the opinion that the person is not a fit and 8 proper person to hold a certificate of accreditation. 9 [19] Section 8 (2A) 10 Insert after section 8 (2): 11 (2A) The Board may suspend or cancel a certificate of corporate 12 accreditation if: 13 (a) the body corporate concerned has been issued a certificate 14 of accreditation on the basis of a misrepresentation made 15 by the body corporate, or a person concerned in the 16 management of the body corporate, whether or not made 17 knowingly, or 18 (b) the body corporate does not have at least one director who 19 is an accredited certifier or does not have as directors or 20 employ at least 2 other persons who are accredited 21 certifiers, or 22 (c) the Board is satisfied that the body corporate is not covered 23 by the insurance required by Division 2 of Part 6, or 24 (d) the body corporate's equivalent authorisation has been 25 suspended or cancelled (otherwise than at its request) 26 under the law of another jurisdiction, or 27 (e) the Board is of the opinion that a person concerned in the 28 management of the body corporate is not a fit and proper 29 person, or 30 (f) a director of, or a person concerned in the management of, 31 the body corporate is an undischarged bankrupt, or 32 (g) a disciplinary finding under Part 3 has been made against 33 an accredited certifier director of the body corporate, or 34 (h) the body corporate is the subject of a winding up order or 35 a controller or administrator has been appointed in respect 36 of it, or 37 Page 8
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (i) the body corporate, or an accredited certifier who is a 1 director or employee of the body corporate, has failed to 2 comply with an order of the Board under section 31. 3 [20] Section 8 (4) 4 Omit "(2) (c)(f)". Insert instead "(2) (c)(g) or (2A) (d)(i)". 5 [21] Section 11 Register 6 Omit "category" from section 11 (2) (c). 7 Insert instead "class and, if applicable, category". 8 [22] Section 12 Suspension of accreditation or imposition of conditions to 9 protect the public 10 Omit section 12 (1). Insert instead: 11 (1) The Board may take action under this section if satisfied that: 12 (a) the taking of the action is necessary to protect the safety or 13 property of any person, or 14 (b) an accreditation holder has persistently contravened the 15 provisions of this Act or the Environmental Planning and 16 Assessment Act 1979 or the regulations under those Acts 17 and is likely to continue to do so, or 18 (c) an accredited certifier has persistently contravened the 19 provisions of the Strata Schemes (Freehold Development) 20 Act 1973 or the Strata Schemes (Leasehold Development) 21 Act 1986 or the regulations under those Acts and is likely 22 to continue to do so. 23 (1A) The Board may do either or both of the following: 24 (a) by order suspend the certificate of accreditation of an 25 accreditation holder for such period (not exceeding 8 26 weeks) as is specified in the order, 27 (b) by order impose on a certificate of accreditation such 28 conditions as the Board considers appropriate. 29 [23] Section 15 30 Omit the section. Insert instead: 31 15 Extension of suspension 32 A period of suspension imposed by the Board under this Division 33 may be extended, from time to time, by the Board by order for a 34 further period or further periods, each of not more than 8 weeks, 35 Page 9
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments but only if the complaint about the accreditation holder has not 1 been disposed of. 2 [24] Section 21 Procedure for making a complaint 3 Omit "if further particulars are not" in section 21 (4). 4 Insert instead "until further particulars are". 5 [25] Section 21 (5) 6 Omit the subsection. Insert instead: 7 (5) Unless the Board has decided to take no action in relation to the 8 complaint, the Board: 9 (a) must, within 28 days after receiving the complaint or, if the 10 Board has requested further particulars under subsection 11 (3), within 28 days after receiving the requested 12 particulars: 13 (i) inform the accreditation holder of the nature of the 14 complaint, and 15 (ii) by notice, invite the accreditation holder to make, 16 within such time (being at least 7 days) as the Board 17 specifies in the notice, such submissions in writing 18 to the Board with respect to the complaint as the 19 accreditation holder thinks fit, and 20 (b) may exercise any function under section 48 in relation to 21 the investigation of the complaint. 22 [26] Section 22 23 Omit the section. Insert instead: 24 22 Board may decide to take no action in relation to complaint 25 (1) At any time after receiving a complaint, the Board may decide to 26 take no further action in relation to the complaint. 27 (2) If the Board decides to take no further action in relation to a 28 complaint, the Board is to: 29 (a) notify the complainant of its decision, and 30 (b) notify the accreditation holder concerned of the fact that a 31 complaint has been made, the nature of the complaint and 32 its decision, and 33 (c) include in the notification to the complainant and the 34 accreditation holder the written reasons for its decision. 35 Page 10
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 [27] Section 29 1 Omit the section. Insert instead: 2 29 Report of investigation to be given to accreditation holder 3 (1) An authorised officer of the Board investigating a complaint is to 4 prepare a written report on the results of the investigation. 5 (2) The report may contain a recommendation of the authorised 6 officer who prepared it that the Board give consideration to 7 taking certain action in respect of the accreditation holder 8 concerned. 9 (3) An authorised officer is to give a copy of the report to the 10 accreditation holder who is the subject of the complaint with a 11 notice that states that the accreditation holder may make written 12 submissions to the Board within 21 days after the date of the 13 notice. 14 (4) After the 21-day period for making submissions has expired: 15 (a) an authorised officer is to give to the Board a copy of the 16 report, and 17 (b) the Board must consider the report taking into account the 18 submissions received within that period. 19 (5) If the Board requires an authorised officer to undertake further 20 investigation of a complaint after the furnishing of a report under 21 this section, this section applies to that further investigation. 22 Note. An example of when section 29 (5) would operate is if the Board 23 adjourned a meeting at which a complaint was being considered to 24 enable further investigation of the complaint to be carried out. (See 25 section 30 (3) (b)). 26 [28] Section 31 Decision after investigation of complaint 27 Insert "or professional misconduct" after "unsatisfactory professional 28 conduct" in section 31 (2). 29 [29] Section 31 (3) 30 Omit the subsection. 31 [30] Section 31 (4) 32 Omit the subsection. Insert instead: 33 (4) If the Board is satisfied that the accreditation holder is guilty of 34 unsatisfactory professional conduct or professional misconduct, 35 the Board may take any one or more of the following actions: 36 (a) caution or reprimand the accreditation holder, 37 Page 11
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (b) by order impose such conditions as it considers appropriate 1 on the accreditation holder's certificate of accreditation, 2 (c) order that the accreditation holder complete such 3 educational courses as are specified by the Board, 4 (d) in the case of an accredited body corporate, order an 5 accredited certifier who is a director or employee of the 6 body corporate to complete such educational courses as are 7 specified by the Board within the time specified by the 8 Board, 9 (e) order that the accreditation holder report on his, her or its 10 practice as an accredited certifier or building professional 11 at the times, in the manner and to the persons specified by 12 the Board, 13 (f) order the accreditation holder to pay to the Board a fine of 14 an amount, not exceeding 1,000 penalty units, specified in 15 the order, 16 (g) order the accreditation holder to pay to the complainant 17 such amount (not exceeding $20,000) as the Board 18 considers appropriate by way of compensation for any 19 damage suffered by the complainant as a result of the 20 unsatisfactory professional conduct or professional 21 misconduct, 22 (h) suspend the accreditation holder's certificate of 23 accreditation for such period as the Board thinks fit, 24 (i) cancel the accreditation holder's certificate of 25 accreditation, 26 (j) disqualify the accreditation holder from being an 27 accredited certifier director of, or otherwise being 28 involved in the management of, an accredited body 29 corporate or a specified accredited body corporate for such 30 period (including the period of his or her lifetime) as may 31 be specified by the Board, 32 (k) in the case of an accredited body corporate, disqualify an 33 accredited certifier director of the body corporate from 34 being an accredited certifier director of, or otherwise 35 involved in the management of, the body corporate for 36 such period (including the period of his or her lifetime) as 37 may be specified by the Board, but only during any period 38 when the body corporate holds a certificate of corporate 39 accreditation, 40 (l) order that the accreditation holder cannot re-apply for a 41 certificate of accreditation within such period (including 42 Page 12
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 the period of his or her lifetime) as may be specified by the 1 Board, 2 (m) order that no further action is to be taken by the Board in 3 relation to the complaint if satisfied that the accreditation 4 holder is generally competent and diligent and that no 5 other material complaints (whether or not the subject of a 6 disciplinary finding) have been made against the 7 accreditation holder. 8 [31] Section 34 Tribunal may make certain disciplinary findings 9 Omit section 34 (2). Insert instead: 10 (2) If the Tribunal finds that the accreditation holder is guilty of 11 unsatisfactory professional conduct or professional misconduct, 12 the Tribunal may take any one or more of the following actions: 13 (a) caution or reprimand the accreditation holder, 14 (b) direct that such conditions as it considers appropriate be 15 imposed on the accreditation holder's certificate of 16 accreditation, 17 (c) order that the accreditation holder complete such 18 educational courses as are specified by the Tribunal, 19 (d) in the case of an accredited body corporate, order an 20 accredited certifier who is a director or employee of the 21 body corporate to complete such educational courses as are 22 specified by the Tribunal within the time specified by the 23 Tribunal, 24 (e) order that the accreditation holder report on his, her or its 25 practice as an accredited certifier or building professional 26 at the times, in the manner and to the persons specified by 27 the Tribunal, 28 (f) order the accreditation holder to pay to the Tribunal a fine 29 of an amount, not exceeding 1,000 penalty units, specified 30 in the order, 31 (g) order the accreditation holder to pay to the complainant 32 such amount (not exceeding $20,000) as the Tribunal 33 considers appropriate by way of compensation for any 34 damage suffered by the complainant as a result of the 35 unsatisfactory professional conduct or professional 36 misconduct, 37 (h) suspend the accreditation holder's certificate of 38 accreditation for such period as the Tribunal thinks fit, 39 Page 13
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (i) cancel the accreditation holder's certificate of 1 accreditation, 2 (j) disqualify the accreditation holder from being an 3 accredited certifier director of, or otherwise being 4 involved in the management of, an accredited body 5 corporate or a specified accredited body corporate for such 6 period (including the period of his or her lifetime) as may 7 be specified by the Tribunal, 8 (k) in the case of an accredited body corporate, disqualify an 9 accredited certifier who is a director of the body corporate 10 from being involved in the management of the body 11 corporate for such period (including the period of his or her 12 lifetime) as may be specified by the Tribunal, but only 13 during any period when the body corporate holds a 14 certificate of corporate accreditation, 15 (l) order that the accreditation holder cannot re-apply for a 16 certificate of accreditation within such period (including 17 the period of his or her lifetime) as may be specified by the 18 Tribunal. 19 [32] Section 36 20 Omit the section. Insert instead: 21 36 Appeals to Appeal Panel against action taken by Tribunal 22 A decision or finding made, or action taken, by the Tribunal 23 under this Division may be appealed to an Appeal Panel of the 24 Tribunal under Part 1 of Chapter 7 of the Administrative 25 Decisions Tribunal Act 1997 by a party to the proceedings in 26 which the decision or finding was made or action taken. 27 [33] Section 45 28 Omit the section. Insert instead: 29 45 Investigation of councils acting as certifying authorities 30 (1) The Board may investigate the work and activities of a council in 31 its capacity as a certifying authority. 32 (2) The Board may make a decision to undertake an investigation 33 under this section on its own motion or following a complaint 34 relating to the council concerned in its capacity as a certifying 35 authority. 36 (3) The Board must prepare a report of the results of any such 37 investigation and send a copy of the report to the 38 Page 14
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 Director-General of the Department of Local Government and to 1 the council. 2 (4) A report furnished to the council under this section must be 3 presented at the next meeting of the council after the report is 4 received. 5 (5) Within 40 days after it receives a report under this section, a 6 council must give written notice to the Director-General of the 7 Department of Local Government and to the Board of the things 8 done or proposed to be done to give effect to any 9 recommendations contained in the report and may make 10 submissions in relation to any matter contained in the report. 11 (6) The Board must take into account any submissions received in 12 accordance with subsection (5) and may revise its report. 13 (7) If the Board revises its report, the Board must send a copy of the 14 revised report to the Director-General of the Department of Local 15 Government and to the council. 16 (8) The Board is to make a copy of its report in its final form publicly 17 available. 18 (9) If satisfied, as a result of an investigation under this section, that 19 an accreditation holder is or may be guilty of unsatisfactory 20 professional conduct or professional misconduct, the Board may 21 take any action under Part 3 in relation to any matter arising from 22 the report that it could take in relation to a complaint, including 23 applying to the Tribunal for a disciplinary finding in accordance 24 with section 31. 25 (10) The Tribunal may take any action under Division 5 of Part 3 in 26 relation to a matter arising from the report that is referred to the 27 Tribunal by the Board that it could take in relation to a complaint. 28 Note. Section 117B of the Environmental Planning and Assessment Act 29 1979 provides for further action that may be taken against a council as 30 a result of an investigation under section 45 of this Act. 31 [34] Section 46 Investigation of accredited certifiers and building 32 professionals 33 Omit section 46 (1) and (2). Insert instead: 34 (1) The Board may investigate the work and activities of: 35 (a) an accredited certifier in his, her or its capacity as a 36 certifying authority, or 37 (b) an accredited certifier when carrying out certification work 38 on behalf of an accredited body corporate or a council, or 39 Page 15
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (c) an accredited certifier director, or 1 (d) a building professional. 2 (2) The Board must prepare a report of the results of any such 3 investigation. 4 [35] Sections 48 (1), 49 (1) and 57 (1) 5 Insert "or for any purpose in connection with proceedings before the Tribunal 6 on an application or referral under this Act" after "Part 3 or 4" wherever 7 occurring. 8 [36] Section 60 9 Omit the section. Insert instead: 10 60 Record keeping by accreditation holders 11 (1) An accreditation holder must, in accordance with the regulations, 12 cause such documents and records to be kept as are prescribed by 13 the regulations. 14 Maximum penalty: 50 penalty units. 15 (2) If the Board requests, by notice in writing served on an 16 accreditation holder, that the accreditation holder provide a copy 17 to the Board of any document or record required to be kept under 18 subsection (1): 19 (a) the accreditation holder must provide a copy of the 20 document or record to the Board within the time specified 21 in the notice, and 22 (b) the accreditation holder must verify any such document or 23 record in the manner, if any, specified in the notice. 24 Maximum penalty: 50 penalty units. 25 (3) Without limiting subsection (2), a notice may specify that a 26 document or record is to be verified by statutory declaration. 27 [37] Section 61 Board to be notified of certain events 28 Insert after section 61 (3): 29 (4) An accredited body corporate must notify the Board in writing of 30 each of the following events within 7 days after becoming aware 31 of the event: 32 (a) if the body corporate ceases to have at least one director 33 who is an accredited certifier, 34 Page 16
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (b) if the body corporate ceases to have as directors or employ 1 at least 2 other persons who are accredited certifiers. 2 Maximum penalty: 50 penalty units. 3 [38] Section 66 Conflicts of interest 4 Omit section 66 (3). Insert instead: 5 (3) Subsection (1) (d) does not make it an offence for an accredited 6 certifier who is an employee of a council to issue a Part 4A 7 certificate in relation to development that is to be carried out in 8 the area of the council if: 9 (a) the certificate relates to development for which the council 10 is not the consent authority, and 11 (b) the accredited certifier issues the certificate otherwise than 12 on behalf of the council, but in the course of his or her 13 employment with the council. 14 (3A) Subsection (1) (d) does not make it an offence for an accredited 15 certifier employed or engaged by a council to issue a Part 4A 16 certificate or complying development certificate on behalf of the 17 council in relation to development that is to be carried out in the 18 area of the council. 19 [39] Section 66 (5) and (6) 20 Insert after section 66 (4): 21 (5) Subsection (1) extends to prohibiting an accredited certifier who 22 is a director of or employed by an accredited body corporate from 23 issuing a Part 4A certificate or complying development 24 certificate in circumstances where the body corporate, or another 25 accredited certifier who is a director or employee of the body 26 corporate, would be prohibited from issuing the certificate under 27 that subsection. 28 (6) If a director or employee of an accredited body corporate 29 contravenes subsection (1), the body corporate is taken to have 30 also contravened that subsection. 31 [40] Sections 66A and 66B 32 Insert after section 66: 33 66A Limit on income derived from certification work 34 (1) An accredited certifier must not obtain income for certification 35 work in respect of development if that income exceeds the limit 36 determined in accordance with the regulations when it is added to 37 Page 17
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments any other income obtained by the accredited certifier for 1 certification work in respect of other development where the 2 same person was involved as the owner, principal contractor or 3 person who engages the principal contractor. 4 Maximum penalty: 300 penalty units. 5 (2) Subsection (1) does not apply to the income that the accredited 6 certifier concerned obtains by carrying out certification work on 7 behalf of a council or as an employee of an accredited body 8 corporate. 9 (3) The regulations may make provision for or with respect to the 10 following: 11 (a) the way in which any limit is to be determined for the 12 purposes of subsection (1), 13 (b) without limiting paragraph (a), providing for any such 14 limit to be determined by reference to the total amount of 15 income derived during a specified period, 16 (c) what constitutes income for the purposes of this section, 17 (d) the granting of exemptions by the Board (with or without 18 conditions) from all or any of the provisions of this section 19 or the regulations made for the purposes of this section. 20 66B Limit on issue of development certificates by employed accredited 21 certifiers 22 (1) An accredited certifier who is employed or engaged by a council 23 or is employed by an accredited body corporate must not, in the 24 course of being so employed or engaged, issue more 25 development certificates than the number prescribed by the 26 regulations in respect of development that involves the same 27 owner, principal contractor or person who engages the principal 28 contractor. 29 Maximum penalty: 300 penalty units. 30 (2) The regulations may make provision for or with respect to the 31 following: 32 (a) providing for the number referred to in subsection (1) to be 33 determined by reference to the total number of 34 development certificates issued during a specified period, 35 (b) the granting of exemptions by the Board (with or without 36 conditions) from all or any of the provisions of this section 37 or the regulations made for the purposes of this section. 38 Page 18
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 [41] Part 6, Division 3A 1 Insert after Division 3 of Part 6: 2 Division 3A Approval required for certain certification 3 work 4 71A Accredited certifier to obtain approval before undertaking certain 5 certification work 6 (1) An accredited certifier must not, without first obtaining the 7 written approval of the Board, carry out certification work in 8 relation to development of a type prescribed by the regulations if 9 the person for whom the development is carried out, or a 10 contractor or other person carrying out the development, is a 11 prescribed person. 12 (2) An accredited certifier must comply with any conditions imposed 13 on the approval by the Board. 14 (3) The Board may refuse to grant approval under this section and 15 must refuse in the circumstances prescribed by the regulations. 16 (4) A contravention of this section by an accredited certifier is 17 capable of being professional misconduct or unsatisfactory 18 professional conduct. 19 (5) Subsection (1) does not require the accredited certifier concerned 20 to obtain the written approval of the Board for the carrying out of 21 certification work as an employee of an accredited body 22 corporate so long as the accredited body corporate has obtained 23 that approval. 24 (6) This section does not apply to the following: 25 (a) certification work carried out by an accredited certifier as 26 an employee of a council, 27 (b) certification work of a kind referred to in paragraph (c) of 28 the definition of certification work in section 3 (1). 29 (7) In this section, prescribed person means a person included on a 30 list kept by the Board under section 71B. 31 71B List of prescribed persons 32 (1) The Board may keep a list of prescribed persons for the purposes 33 of section 71A and is to make that list available on request. 34 (2) The Board may include a person on the list only in accordance 35 with the regulations. 36 Page 19
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (3) The Board must give notice in writing to a person of its intention 1 to include the person on the list. 2 (4) The notice must include: 3 (a) the reasons why the Board is of the opinion that the person 4 should be included on the list, and 5 (b) a statement that the person may make submissions to the 6 Board within the period of 14 days after receipt of the 7 notice as to why the person should not be included on the 8 list. 9 (5) The Board is to consider any submissions made to it during that 10 14-day period. 11 (6) If, after considering any submissions, the Board determines to 12 include the person on the list, the Board is to give the person 13 notice in writing of its decision. 14 (7) The Board may remove a person from the list at any time. 15 (8) If the Board removes a person from the list, it must give notice in 16 writing to the person of the person's removal from the list. 17 71C Exclusion of liability of the State and others 18 (1) This section applies to civil proceedings for damages or other 19 compensation brought against the State, the Board, a member of 20 the Board, the Director, a member of a committee appointed 21 under this Act or a person acting under the direction of the Board 22 or the Director. 23 (2) No amount of damages or other compensation is payable in any 24 such civil proceedings to the extent that: 25 (a) the claim is made in connection with the exercise of any 26 functions under this Division, and 27 (b) the claim is based on alleged negligence or other breach of 28 duty (including statutory duty) arising because of the 29 exercise of, or the failure to exercise, any function under 30 this Division. 31 [42] Sections 7272C 32 Omit section 72. Insert instead: 33 72 Acting in a manner not authorised by certificate of individual 34 accreditation 35 A person who is the holder of a certificate of individual 36 accreditation must not do any thing that is required by law to be 37 Page 20
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 done by a person with accreditation under this Act unless the 1 person's certificate of accreditation authorises the doing of that 2 thing. 3 Maximum penalty: 300 penalty units. 4 72A Responsibilities of accredited certifier directors 5 (1) An accredited certifier director of an accredited body corporate 6 must ensure the following in relation to certification work 7 undertaken by the body corporate: 8 (a) that the body corporate complies with the requirements of 9 this and any other Act in the carrying out of the 10 certification work and that appropriate management 11 systems are in place to ensure that the body corporate 12 complies with those requirements, 13 (b) that the certification work is allocated to, and undertaken 14 by, a director or an employee of the body corporate who is 15 the holder of a certificate of accreditation that authorises 16 the holder to carry out that work, 17 (c) that the person for whom the certification work is 18 undertaken is kept informed as to the identity of the 19 individual accredited certifier who is undertaking the 20 work. 21 Maximum penalty: 300 penalty units. 22 (2) An accredited certifier director of an accredited body corporate 23 has a duty to report to the Board any possible unsatisfactory 24 professional conduct or professional misconduct of the body 25 corporate or another director or employee of the body corporate 26 who is an accredited certifier as soon as practicable after 27 becoming aware of the conduct. 28 (3) A contravention of subsection (2) by an accredited certifier 29 director is capable of being unsatisfactory professional conduct 30 or professional misconduct. 31 (4) If there is more than one accredited certifier director of a body 32 corporate, this section applies equally to each of those directors. 33 72B Responsibilities of person with individual accreditation acting on 34 behalf of accredited body corporate or council 35 A person who holds a certificate of individual accreditation and 36 who is a director of, or employed by, an accredited body 37 corporate or a council: 38 (a) is not excused from compliance with any of the person's 39 obligations under this or any other Act in relation to any 40 Page 21
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments certification work done by the person on behalf of or in the 1 name of the body corporate or council, and 2 (b) is subject to the same requirements in relation to the 3 carrying out of the functions of a certifying authority on 4 behalf of the council or the accredited body corporate as if 5 he or she were the certifying authority. 6 72C Requirements of accredited body corporate 7 (1) An accredited body corporate must ensure that any certification 8 work that is done in the name of or on behalf of the body 9 corporate is done by a director or employee of the body corporate 10 who is the holder of a certificate of individual accreditation that 11 authorises the director or employee to do that certification work. 12 Maximum penalty: 1,000 penalty units. 13 (2) A reference in subsection (1) to certification work that is done in 14 the name of or on behalf of a body corporate includes a reference 15 to certification work done in the name of or on behalf of a council 16 that has engaged the body corporate to undertake that work in its 17 name or on its behalf. 18 (3) An accredited body corporate must not undertake any 19 certification work during any period in which it does not have at 20 least one director who is an accredited certifier. 21 Maximum penalty: 1,000 penalty units. 22 (4) If an accredited body corporate has failed, for a continuous period 23 of 3 months, to have as directors or employ at least 3 persons who 24 are accredited certifiers, the accredited body corporate must not 25 undertake any certification work until it has as directors or 26 employs at least 3 persons who are accredited certifiers and has 27 notified the Board in writing of that fact. 28 Maximum penalty: 1,000 penalty units. 29 [43] Section 73A 30 Insert after section 73: 31 73A Terms of contracts 32 (1) The regulations may provide that a contract entered into by an 33 accredited certifier relating to the appointment of the accredited 34 certifier as a principal certifying authority or the carrying out of 35 certification work by the accredited certifier must contain 36 provisions to the effect of those prescribed by the regulations or 37 may not contain provisions to the effect of those prescribed by the 38 regulations. 39 Page 22
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (2) Entering into a contract in contravention of the regulations made 1 for the purposes of this section is capable of being unsatisfactory 2 professional conduct or professional misconduct. 3 (3) This section does not apply to the carrying out of certification 4 work on behalf of a council by an accredited certifier employed 5 by the council. 6 [44] Part 6A 7 Insert after Part 6: 8 Part 6A Requirements relating to councils 9 74A Responsibilities of councils carrying out certification work 10 A council must ensure that any certification work of a class 11 prescribed by the regulations that is done in the name of or on 12 behalf of the council is done by an accredited body corporate or 13 an accredited certifier who is the holder of a certificate of 14 individual accreditation that authorises the holder to do that 15 certification work. 16 Maximum penalty: 1,000 penalty units. 17 74B Councils to provide certain information and keep certain records 18 (1) A council is to provide to the Board such information as is 19 required by the regulations in relation to employees, or persons 20 engaged by the council, who perform certification work on behalf 21 of the council. 22 (2) A council is to keep such records as are required by the 23 regulations in relation to certification work carried out on behalf 24 of the council and in relation to employees, or persons engaged 25 by the council, who carry out certification work on behalf of the 26 council. 27 (3) The regulations may make provision for or with respect to the 28 following: 29 (a) the provision of information by councils under this section, 30 including when such information is to be provided and the 31 form in which it is to be provided, 32 (b) the keeping of records by councils under this section, 33 including the form in which such records are to be kept and 34 the period for which they are to be kept. 35 Page 23
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments (4) The Board may keep a register based on any of the information 1 received under this section and may make that register available 2 to the public. 3 74C Exemptions 4 (1) The Board may, with the approval of the Minister, exempt a 5 council by notice in writing given to the council from any of the 6 requirements of this Part or section 109E (1AA) of the 7 Environmental Planning and Assessment Act 1979. 8 (2) The approval of the Minister under subsection (1): 9 (a) may be given in relation to a particular case or a class of 10 cases, and 11 (b) may be subject to conditions, and 12 (c) may be amended from time to time. 13 (3) Any exemption given under this section: 14 (a) may be limited in time or subject to conditions, or both, 15 and 16 (b) may be revoked by the Board by notice in writing given to 17 the council and must be revoked if the relevant approval of 18 the Minister is no longer in force. 19 [45] Section 84A 20 Insert after section 84: 21 84A Improper influence with respect to conduct of building 22 professional 23 (1) A building professional must not seek or accept, or offer or agree 24 to accept, any benefit of any kind, whether on his or her own 25 behalf or on behalf of any other person for acting in contravention 26 of the Environmental Planning and Assessment Act 1979 or the 27 regulations under that Act in the exercise of the functions of a 28 building professional. 29 Maximum penalty: 10,000 penalty units or imprisonment for 2 30 years, or both. 31 Page 24
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (2) A person must not, on an understanding that a building 1 professional will act in contravention of the Environmental 2 Planning and Assessment Act 1979 or the regulations under that 3 Act in the exercise of the functions of a building professional, 4 give, or offer or agree to give, any benefit of any kind, whether to 5 the building professional or to any other person. 6 Maximum penalty: 10,000 penalty units or imprisonment for 2 7 years, or both. 8 [46] Section 85 False representations 9 Omit section 85 (1). Insert instead: 10 (1) A person who: 11 (a) issues a Part 4A certificate or complying development 12 certificate, or a design certificate under section 109IA of 13 the Environmental Planning and Assessment Act 1979, 14 that he or she is not authorised by or under this Act or that 15 Act to issue, or 16 (b) makes any statement that the person knows is false or 17 misleading in a material particular in, or in connection 18 with, a certificate referred to in paragraph (a), 19 is guilty of an offence against this Act. 20 Maximum penalty: 300 penalty units. 21 [47] Section 85 (3) 22 Insert after section 85 (2): 23 (3) A person who falsely represents that he or she holds accreditation 24 under this Act that authorises the doing of something under the 25 Environmental Planning and Assessment Act 1979, the Strata 26 Schemes (Freehold Development) Act 1973 or the Strata 27 Schemes (Leasehold Development) Act 1986 for which such 28 accreditation is required is guilty of an offence. 29 Maximum penalty: 300 penalty units. 30 [48] Section 93A 31 Insert after section 93: 32 93A Offences by corporations 33 (1) If a corporation contravenes, whether by act or omission, any 34 provision of this Act or the regulations, each person who is a 35 director of the corporation or who is concerned in the 36 management of the corporation is taken to have contravened the 37 Page 25
Building Professionals Amendment Bill 2008 Schedule 1 Principal amendments same provision if the person knowingly authorised or permitted 1 the contravention. 2 (2) A person may be proceeded against and convicted under a 3 provision pursuant to subsection (1) whether or not the 4 corporation has been proceeded against or has been convicted 5 under the provision. 6 (3) Nothing in this section affects any liability imposed on a 7 corporation for an offence committed by the corporation under 8 this Act or the regulations. 9 [49] Section 94 Regulations 10 Insert after section 94 (2) (h): 11 (i) exemptions from all or any of the provisions of this Act or 12 the regulations. 13 [50] Section 94 (3) and (4) 14 Insert after section 94 (2): 15 (3) A regulation may apply, adopt or incorporate any publication as 16 in force at a particular time or as in force from time to time. 17 (4) The regulations may create an offence punishable by a maximum 18 penalty of 50 penalty units. 19 [51] Schedule 2 Savings, transitional and other provisions 20 Insert at the end of clause 1 (1): 21 Building Professionals Amendment Act 2008 22 [52] Schedule 2, Part 3 23 Insert after Part 2: 24 Part 3 Provisions consequent on enactment of 25 Building Professionals Amendment Act 26 2008 27 10 Disciplinary provisions 28 An amendment made by the Building Professionals Amendment 29 Act 2008 to any provision of Part 3 of this Act does not apply to 30 or in respect of: 31 Page 26
Building Professionals Amendment Bill 2008 Principal amendments Schedule 1 (a) a complaint if a copy of a report prepared under section 29 1 on the results of the investigation of the complaint has been 2 given to the person the subject of the complaint before the 3 commencement of that amendment, or 4 (b) any matter arising from a report of the results of an 5 investigation under section 46 if a copy of the report has 6 been given to the person the subject of the complaint 7 before the commencement of that amendment. 8 Page 27
Building Professionals Amendment Bill 2008 Schedule 2 Consequential amendments Schedule 2 Consequential amendments 1 (Section 3) 2 [1] Long title 3 Omit "to provide for the accreditation of certifiers for the purposes of the 4 Environmental Planning and Assessment Act 1979; to provide for the 5 regulation of accredited certifiers, the making of complaints against accredited 6 certifiers and the investigation of certifying authorities;". 7 Insert instead "to provide for the accreditation of certifiers and building 8 professionals for the purposes of the Environmental Planning and Assessment 9 Act 1979; to provide for the regulation of accredited certifiers and building 10 professionals and the making of complaints against, and the investigation of, 11 accredited certifiers, building professionals and certifying authorities;" 12 [2] Part 2, heading 13 Insert "and building professionals" after "certifiers". 14 [3] Sections 4 (2) (b) and (c), 11 (1), 40 (1), 47 (heading) and 94 (2) (a) 15 Omit "accredited certifiers" wherever occurring. 16 Insert instead "accreditation holders". 17 [4] Part 2, Division 2, heading and Part 6, heading 18 Insert "and building professionals" after "certifiers" wherever occurring. 19 [5] Section 7 (1) (b) 20 Omit "as an accredited certifier". 21 [6] Section 7 (1) (g) and (h) 22 Insert ", or a building professional," after "accredited certifier" wherever 23 occurring. 24 [7] Section 7 (1) (j) 25 Omit the paragraph. Insert instead: 26 (j) if the applicant has represented himself or herself as being 27 an accredited certifier or a building professional when the 28 applicant was not an accredited certifier or a building 29 professional (as the case may be), or 30 Page 28
Building Professionals Amendment Bill 2008 Consequential amendments Schedule 2 [8] Sections 7 (2) (c), 11 (2), 12 (2) (a) and (c), 16, 17(1), 20, 21 (1), 24 (1), 25 1 (2), 26 (2), 27 (2), (3) and (4), 30 (2) (f), 31 (1), (2) and (5), 32 (1), 34 (1) and 2 (3), 38 (paragraph (a) of the definition of "disciplinary action"), 39 (1) and 3 (2), 44 (1) and (3), 46 (3) and (5), 48 (3), 61, 65 (g), 73, 82 (1) and 91 (a) and 4 Schedule 1 (clause 10 (6) (b)) 5 Omit "accredited certifier" wherever occurring. 6 Insert instead "accreditation holder". 7 [9] Section 19 8 Omit the section. Insert instead: 9 19 Definitions 10 (1) In this Part: 11 complaint means a complaint about an accreditation holder made 12 under section 21. 13 disciplinary finding means a finding of unsatisfactory 14 professional conduct or professional misconduct. 15 professional misconduct, in relation to an accreditation holder, 16 means conduct that is unsatisfactory professional conduct of a 17 sufficiently serious nature to justify suspension or cancellation of 18 the accreditation holder's certificate of accreditation. 19 unsatisfactory professional conduct of an accredited certifier 20 means any of the following (whether consisting of an act or 21 omission): 22 (a) conduct occurring in connection with the exercise of the 23 accredited certifier's functions as a certifying authority 24 that falls short of the standard of competence, diligence 25 and integrity that a member of the public is entitled to 26 expect of a reasonably competent accredited certifier, 27 (b) a contravention of this Act, the Environmental Planning 28 and Assessment Act 1979, the Strata Schemes (Freehold 29 Development) Act 1973 or the Strata Schemes (Leasehold 30 Development) Act 1986, or the regulations under any of 31 those Acts, by the accredited certifier, whether or not he or 32 she is prosecuted or convicted for the contravention, 33 (c) a contravention by the accredited certifier of a law 34 (whether or not a New South Wales law, and whether or 35 not the contravention is an offence) that relates to the 36 functions or obligations of a person as an accredited 37 certifier or the holder of an equivalent authorisation, or 38 involves fraud or dishonesty, whether or not he or she is 39 prosecuted or convicted for the contravention, 40 Page 29
Building Professionals Amendment Bill 2008 Schedule 2 Consequential amendments (d) a failure to comply with a statutory or other duty, or a 1 contractual obligation, imposed on the accredited certifier 2 by or in accordance with a law (whether or not a New 3 South Wales law) that relates to the functions or 4 obligations of a person as an accredited certifier or the 5 holder of an equivalent authorisation, 6 (e) the exercise by the accredited certifier of functions as a 7 certifying authority in a partial manner, 8 (f) the wilful disregard by the accredited certifier of matters to 9 which the accredited certifier is required to have regard in 10 exercising functions as a certifying authority, 11 (g) a failure by the accredited certifier to comply with any 12 relevant code of conduct contained in the accreditation 13 scheme, 14 (h) a failure by the accredited certifier to comply with a term 15 or condition of the certificate of accreditation, 16 (i) a failure by an accredited certifier to comply with an order 17 of the Board or the Tribunal under this Act, 18 (j) a failure by the accredited certifier, without reasonable 19 excuse, to comply with a direction or requirement under 20 Part 5, 21 (k) wilfully misleading or obstructing the Board in the 22 exercise of any function under this Part or Part 4 or 5, 23 (l) any other improper or unethical conduct of the accredited 24 certifier that indicates that he or she is unfit to properly 25 carry out the duties of an accredited certifier, 26 (m) any conduct specified by a provision of this Act as being 27 capable of being unsatisfactory professional conduct or 28 professional misconduct or any other conduct prescribed 29 by the regulations for the purposes of this definition. 30 unsatisfactory professional conduct of a building professional 31 means any of the following (whether consisting of an act or 32 omission): 33 (a) conduct occurring in connection with the exercise of the 34 building professional's functions that falls short of the 35 standard of competence, diligence and integrity that a 36 member of the public is entitled to expect of a reasonably 37 competent building professional, 38 (b) a contravention of this Act or the Environmental Planning 39 and Assessment Act 1979, or the regulations under either of 40 those Acts, by the building professional, whether or not he 41 or she is prosecuted or convicted for the contravention, 42 Page 30
Building Professionals Amendment Bill 2008 Consequential amendments Schedule 2 (c) a contravention by the building professional of a law 1 (whether or not a New South Wales law, and whether or 2 not the contravention is an offence) that relates to the 3 functions or obligations of a person as a building 4 professional or the holder of an equivalent authorisation, 5 or involves fraud or dishonesty, whether or not he or she is 6 prosecuted or convicted for the contravention, 7 (d) a failure to comply with a statutory or other duty, or a 8 contractual obligation, imposed on the building 9 professional by or in accordance with a law (whether or not 10 a New South Wales law) that relates to the functions or 11 obligations of a person as a building professional or the 12 holder of an equivalent authorisation, 13 (e) the wilful disregard by the building professional of matters 14 to which he or she is required to have regard in exercising 15 his or her functions as a building professional, 16 (f) a failure by the building professional to comply with any 17 relevant code of conduct contained in the accreditation 18 scheme, 19 (g) a failure by the building professional to comply with a term 20 or condition of the certificate of accreditation, 21 (h) a failure by the building professional to comply with an 22 order of the Board or the Tribunal under this Act, 23 (i) a failure by the building professional, without reasonable 24 excuse, to comply with a direction or requirement under 25 Part 5, 26 (j) wilfully misleading or obstructing the Board in the 27 exercise of any function under this Part or Part 4 or 5, 28 (k) any other improper or unethical conduct of the building 29 professional that indicates that he or she is unfit to properly 30 carry out the duties of a building professional, 31 (l) any conduct specified by a provision of this Act as being 32 capable of being unsatisfactory professional conduct or 33 professional misconduct or any other conduct prescribed 34 by the regulations for the purposes of this definition. 35 (2) A reference in this Part (however expressed) to the exercise by an 36 accredited certifier of the functions of a certifying authority 37 includes a reference to the exercise by the accredited certifier of 38 the functions of a certifying authority on behalf of a council or an 39 accredited body corporate. 40 Page 31
Building Professionals Amendment Bill 2008 Schedule 2 Consequential amendments [10] Sections 21 (1), 61 (1) (e) and 73 1 Omit "accredited certifier's" wherever occurring. 2 Insert instead "accreditation holder's". 3 [11] Section 38 Definitions 4 Omit the definition of accredited certifier. Insert instead: 5 accreditation holder includes a former accreditation holder. 6 [12] Part 4, heading 7 Insert "and accreditation holders" after "certifying authorities". 8 [13] Section 62 Application of Division 9 Insert "building professionals and" before "such other persons" in section 62 10 (b). 11 [14] Section 64 Building practitioners 12 Omit the definition of building work from section 64 (1). Insert instead: 13 building work includes the design or inspection of building work, 14 the issuing of a Part 4A certificate or complying development 15 certificate in respect of building work and the issue of a design 16 certificate under section 109IA of the Environmental Planning 17 and Assessment Act 1979. 18 [15] Section 74 Notice to be given of certain matters 19 Omit "his or her" from section 74 (1) (b). 20 Insert instead "his, her or its". 21 [16] Section 77 22 Omit the section. Insert instead: 23 77 Functions of Board 24 The Board has the following functions: 25 (a) the accreditation of persons for the purposes of the 26 Environmental Planning and Assessment Act 1979 and the 27 regulations under that Act, 28 (b) the promotion and maintenance of standards of building 29 and subdivision certification and design in New South 30 Wales, 31 (c) the investigation of complaints against accreditation 32 holders, 33 Page 32
Building Professionals Amendment Bill 2008 Consequential amendments Schedule 2 (d) the taking of disciplinary action against accreditation 1 holders, 2 (e) the investigation of certifying authorities, accredited 3 certifier directors and building professionals, 4 (f) the prosecution of offences against this Act or the 5 regulations, or any offence under the Environmental 6 Planning and Assessment Act 1979 or the regulations 7 under that Act that relates to accredited certifiers, 8 certifying authorities or building professionals, 9 (g) the review of the accreditation schemes under this Act, 10 (h) the investigation of matters referred to it by the Minister 11 for advice and report in relation to accredited certifiers and 12 building professionals and the accreditation of accredited 13 certifiers and building professionals, 14 (i) the provision of advice to the Minister with respect to any 15 other matter in connection with the administration of this 16 Act, 17 (j) such other functions as are conferred or imposed on the 18 Board by or under this Act or any other Act. 19 Page 33
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