New South Wales Consolidated Regulations

HOME BUILDING REGULATION 2004 - REG 26

26 Additional requirements for obtaining contractor licences

(1) Before a contractor licence is issued, the Director-General must be satisfied that:

(a) the applicant has, or proposes to have, such numbers of nominated supervisors for the contractor licence as the Director-General considers are needed to ensure that all work for which the contractor licence is required will be done or supervised by qualified individuals, and

(b) the applicant, if also applying for an endorsement of the contractor licence to show that it is the equivalent of a supervisor certificate:

(i) complies with the requirements prescribed by clause 28 (1), and

(ii) is not disqualified from holding a supervisor certificate or a supervisor certificate of a particular kind, and

(iii) is not the holder of a supervisor certificate that is suspended.

(2) Despite clause 25 (1) (a) (xii), the Director-General may issue a contractor licence if:

(a) the licence authorises its holder to do residential building work or specialist work of the kind prescribed by clause 46 (clause 46 (1) (a) and (b) excepted) but not of any other kind, and

(b) the Director-General is of the opinion that:

(i) there is no evident risk to the public that the applicant will be unable to complete building contracts entered into in the future for the doing of residential building work or specialist work of that kind, or both, and

(ii) the relevant person concerned took all reasonable steps to avoid the bankruptcy, liquidation or appointment of a controller or administrator, and

(c) the licence is subject to a condition that the holder not do work:

(i) if the contract price exceeds $12,000 (inclusive of GST), or

(ii) if the contract price is not known-where the reasonable cost of the labour and materials involved in the work exceeds $12,000 (inclusive of GST).

(3) Despite clause 25 (1) (a) (xiii), the Director-General may issue a contractor licence if the Director-General is of the opinion that:

(a) there is no evident risk to the public that the applicant will be unable to complete building contracts entered into in the future for the doing of residential building work or specialist work of that kind, or both, and

(b) the relevant person concerned took all reasonable steps to avoid the bankruptcy, liquidation or appointment of a controller or administrator.

(3A) A contractor licence issued under subclause (3) may be issued subject to any of the following conditions:

(a) that the licence authorises its holder to do residential building work or specialist work of the kind prescribed by clause 46 (clause 46 (1) (a) and (b) excepted) but not of any other kind,

(b) that the holder of the licence not do work:

(i) if the contract price exceeds $12,000 (inclusive of GST), or

(ii) if the contract price is not known-where the reasonable cost of the labour and materials involved in the work exceeds $12,000 (inclusive of GST).

(4) An individual may be a nominated supervisor for a contractor licence only if the individual:

(a) holds an endorsed contractor licence or a supervisor certificate that authorises its holder to supervise some or all of the work done under contracts for which the contractor licence applied for or held is required, and

(b) is, or is proposed by the applicant or holder to be, an employee of, or a member of the partnership or director of the corporation that is, the applicant or holder, and

(c) made a consent declaration that is lodged with the Director-General and has not been revoked.

(5) In subclause (4) (b), "employee" means an employee who is required, by the terms of employment, to work for his or her employer otherwise than on a casual or temporary basis.

(6) Subject to subclause (7), an individual cannot be the nominated supervisor for more than one contractor licence unless the Director-General:

(a) is satisfied that special circumstances exist that will ensure that the individual, either alone or in conjunction with one or more other nominated supervisors, will supervise all work done under contracts for which each contractor licence is required, and

(b) gives written permission.

(7) The holder of an endorsed contractor licence does not require the Director-General’s permission to become the nominated supervisor for only one other contractor licence.

(8) The Director-General may, by order, exempt an applicant from a requirement in relation to nominated supervisors if the Director-General is satisfied that there are special circumstances that warrant it.