New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 25

25 General requirements for obtaining certain authorities under Act

(1) Before an authority (other than an owner-builder permit) is issued, the Director-General must be satisfied that:

(a) each relevant person in relation to the application for an authority:

(i) is not disqualified from holding the authority or an authority of the kind applied for, or from being a member of a partnership or a director of a corporation that is the holder of the authority or an authority of the kind applied for, and has not been so disqualified within 3 years before before the date of the application, and

(ii) is not a debtor under a judgment for money owed to the Director-General or the Administration Corporation that has not been satisfied, and

(iii) is not a debtor under a judgment for money that has not been satisfied where the judgment is for the payment of money in relation to a building claim under Part 3A of the Act or the payment of money to an insurer in relation to a claim relating to home warranty insurance (within the meaning of Part 6 of the Act), and

(iv) is not (and has not been within the period of 3 years before the date of the application) a director of a corporation that is a debtor under a judgment for money as referred to in subparagraph (iii), and

(v) is not subject to any order of a court in relation to a building claim under Part 3A of the Act that has not been satisfied within the period required for satisfaction of the order, and

(vi) is not subject to any order of the Tribunal that has not been satisfied within the period required by the Tribunal, and

(vii) has not had what the Director-General considers to be an unreasonable number of complaints made against him, her or it, and

(viii) has not had what the Director-General considers to be an unreasonable number of formal cautions given to him, her or it, and

(ix) has not had what the Director-General considers to be an unreasonable number of penalty notices issued against him, her or it (being penalty notices for offences under the Act that were not dealt with by a court and dismissed), and

(x) has not carried out work in respect of which the Director-General considers an unreasonable number of insurance claims have been paid, and

(xi) was not a director of, a partner of, or a person concerned in the management of, a body corporate or partnership that was disqualified from holding an authority within 3 years before the date of the application, unless the Director-General is satisfied that the applicant took all reasonable steps to prevent the conduct that led to the disqualification, and

(xii) except in relation to an application for a tradesperson certificate-is not an undischarged bankrupt and is not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and

(xiii) except in relation to an application for a tradesperson certificate-within the period of 3 years before the date of the application, was not an undischarged bankrupt and was not a director of, or a person concerned in the management of, an externally-administered body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth) except in a case of a voluntary winding up of the body corporate, and

(b) the applicant, if an individual, is not an apprentice or a trainee.

(2) For the purpose of subclause (1) (a), each of the following persons is a "relevant person" in relation to an application for an authority:

(a) the applicant,

(b) if the applicant is a partnership:

(i) every partner of the applicant, and

(ii) if a member of the partnership is a corporation-every director of that corporation,

(c) if the applicant is a corporation-every director of the applicant.

Note: Section 24 (4) of the Act provides that an application for a tradesperson certificate or supervisor certificate may be made only by an individual, and not by a corporation, partnership or other association.

(3) Subclause (1) (a) (v) or (vi) does not prevent the Director-General from issuing an authority if the Director-General is satisfied that the person:

(a) has complied with the order of the court or Tribunal after the period required by the court or Tribunal, and

(b) has a reasonable excuse for the failure to comply with the order within that period.

Note: Additional requirements for obtaining specific authorities are set out in this Division.