New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 3)
Omit “to provide for the accreditation of certifiers for the
purposes of the Environmental Planning and Assessment Act 1979 ; to provide
for the regulation of accredited certifiers, the making of complaints against
accredited certifiers and the investigation of certifying authorities;”.
Insert instead “to provide for the accreditation of certifiers and building
professionals for the purposes of the
Environmental Planning and Assessment Act 1979 ; to provide for the regulation
of accredited certifiers and building professionals and the making of
complaints against, and the investigation of, accredited certifiers, building
professionals and certifying authorities;”
Insert “ and building professionals ” after “ certifiers ”.
Insert “ and building professionals ” after “ certifiers ” wherever occurring.
Omit “as an accredited certifier”.
Insert “, or a building professional,” after “accredited certifier” wherever occurring.
Omit the paragraph. Insert instead:
(j) if the applicant has represented himself or herself as being an accredited certifier or a building professional when the applicant was not an accredited certifier or a building professional (as the case may be), or
Omit the section. Insert instead:
19 Definitions(1) In this Part:
"complaint" means a complaint about an accreditation holder made under section 21.
"disciplinary finding" means a finding of unsatisfactory professional conduct or professional misconduct.
"professional misconduct", in relation to an accreditation holder, means conduct that is unsatisfactory professional conduct of a sufficiently serious nature to justify suspension or cancellation of the accreditation holder’s certificate of accreditation.
"unsatisfactory professional conduct" of an accredited certifier means any of the following (whether consisting of an act or omission):(a) conduct occurring in connection with the exercise of the accredited certifier’s functions as a certifying authority that falls short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent accredited certifier,(b) a contravention of this Act, the Environmental Planning and Assessment Act 1979 , the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 , or the regulations under any of those Acts, by the accredited certifier, whether or not he or she is prosecuted or convicted for the contravention,(c) a contravention by the accredited certifier of a law (whether or not a New South Wales law, and whether or not the contravention is an offence) that relates to the functions or obligations of a person as an accredited certifier or the holder of an equivalent authorisation, or involves fraud or dishonesty, whether or not he or she is prosecuted or convicted for the contravention,(d) a failure to comply with a statutory or other duty, or a contractual obligation, imposed on the accredited certifier by or in accordance with a law (whether or not a New South Wales law) that relates to the functions or obligations of a person as an accredited certifier or the holder of an equivalent authorisation,(e) the exercise by the accredited certifier of functions as a certifying authority in a partial manner,(f) the wilful disregard by the accredited certifier of matters to which the accredited certifier is required to have regard in exercising functions as a certifying authority,(g) a failure by the accredited certifier to comply with any relevant code of conduct contained in the accreditation scheme,(h) a failure by the accredited certifier to comply with a term or condition of the certificate of accreditation,(i) a failure by an accredited certifier to comply with an order of the Board or the Tribunal under this Act,(j) a failure by the accredited certifier, without reasonable excuse, to comply with a direction or requirement under Part 5,(k) wilfully misleading or obstructing the Board in the exercise of any function under this Part or Part 4 or 5,(l) any other improper or unethical conduct of the accredited certifier that indicates that he or she is unfit to properly carry out the duties of an accredited certifier,(m) any conduct specified by a provision of this Act as being capable of being unsatisfactory professional conduct or professional misconduct or any other conduct prescribed by the regulations for the purposes of this definition."unsatisfactory professional conduct" of a building professional means any of the following (whether consisting of an act or omission):(a) conduct occurring in connection with the exercise of the building professional’s functions that falls short of the standard of competence, diligence and integrity that a member of the public is entitled to expect of a reasonably competent building professional,(b) a contravention of this Act or the Environmental Planning and Assessment Act 1979 , or the regulations under either of those Acts, by the building professional, whether or not he or she is prosecuted or convicted for the contravention,(c) a contravention by the building professional of a law (whether or not a New South Wales law, and whether or not the contravention is an offence) that relates to the functions or obligations of a person as a building professional or the holder of an equivalent authorisation, or involves fraud or dishonesty, whether or not he or she is prosecuted or convicted for the contravention,(d) a failure to comply with a statutory or other duty, or a contractual obligation, imposed on the building professional by or in accordance with a law (whether or not a New South Wales law) that relates to the functions or obligations of a person as a building professional or the holder of an equivalent authorisation,(e) the wilful disregard by the building professional of matters to which he or she is required to have regard in exercising his or her functions as a building professional,(f) a failure by the building professional to comply with any relevant code of conduct contained in the accreditation scheme,(g) a failure by the building professional to comply with a term or condition of the certificate of accreditation,(h) a failure by the building professional to comply with an order of the Board or the Tribunal under this Act,(i) a failure by the building professional, without reasonable excuse, to comply with a direction or requirement under Part 5,(j) wilfully misleading or obstructing the Board in the exercise of any function under this Part or Part 4 or 5,(k) any other improper or unethical conduct of the building professional that indicates that he or she is unfit to properly carry out the duties of a building professional,(l) any conduct specified by a provision of this Act as being capable of being unsatisfactory professional conduct or professional misconduct or any other conduct prescribed by the regulations for the purposes of this definition.(2) A reference in this Part (however expressed) to the exercise by an accredited certifier of the functions of a certifying authority includes a reference to the exercise by the accredited certifier of the functions of a certifying authority on behalf of a council or an accredited body corporate.
Insert “building professionals and” before “such other persons” in section 62 (b).
Omit the definition of "building work" from section 64 (1). Insert instead:
"building work" includes the design or inspection of building work, the issuing of a Part 4A certificate or complying development certificate in respect of building work and the issue of a design certificate under section 109IA of the Environmental Planning and Assessment Act 1979 .