New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 4

4 Accreditation scheme

(1) The Board is to prepare an accreditation scheme for the purposes of this Act.

(2) An accreditation scheme may make provision for or with respect to the following matters:

(a) the qualifications, skills, knowledge and experience required for accreditation under this Act,

(b) a code of conduct for accreditation holders,

(c) continuing professional development requirements for accreditation holders,

(d) such other matters as may be prescribed by the regulations.

(3) An accreditation scheme has no effect unless it is adopted by the Minister.

(4) The procedure for the adoption of an accreditation scheme is as follows:

(a) the proposed scheme is to be prepared in draft form by the Board and may be revised by the Minister,

(b) the proposed scheme is to be publicly exhibited for a period of at least 28 days,

(c) the Minister is to seek public comment on the proposed scheme during the period of public exhibition and public comment may be made during that period,

(d) the Minister is to have regard to any public comment received during the period allowed for public comment and may adopt the proposed scheme as exhibited or may revise the scheme before adopting it,

(e) the Minister is to adopt the scheme by publishing it in the Gazette.

(5) The Minister is to make the accreditation scheme publicly available.

(6) The Board:

(a) is to keep the accreditation scheme under review, and

(b) is to have regard to any public submissions made on the scheme from time to time, and

(c) may make recommendations to the Minister for the amendment or replacement of the scheme.

(7) The Minister may amend or replace the accreditation scheme.

(8) A reference in this section to the accreditation scheme includes a reference to an amendment of the scheme or the replacement of the scheme.

(9) However, the provisions of subsection (4) (a)-(d) do not apply to an amendment of the accreditation scheme if the Minister is of the opinion that the amendment:

(a) is minor in nature or for the purpose of correcting an error, or

(b) is necessary to reflect a change of a course (including a continuing professional development course) or qualification or of the provider of a course or qualification.

(9A) Different accreditation schemes may be prepared under this section in relation to accredited certifiers or building professionals or different classes of accredited certifiers or building professionals.

(10) Sections 40 and 41 of the Interpretation Act 1987 apply to an accreditation scheme adopted by the Minister under this section in the same way as they apply to statutory rules within the meaning of that Act.

Note: For orders or notices relating to accreditation schemes see Gazettes No 24 of 2.2.2007, p 661; No 36 of 20.3.2008, p 2440; No 141 of 7.11.2008, p 10664; No 55 of 20.3.2009, p 1459 and No 125 of 11.9.2009, p 5050.