New South Wales Repealed Regulations

This legislation has been repealed.

HOME BUILDING REGULATION 1997 - REG 19

19 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) any individual who is an applicant, and each individual who is a member of a partnership, and each director of a corporation that is a member of a partnership or of a corporation, that is an applicant:

(i) is not disqualified from holding a contractor licence or a contractor licence of the kind applied for, or from being a member of a partnership or a director of a corporation that is the holder of a contractor licence or of a contractor licence of the kind applied for, and

(ii) is not the holder of a contractor licence that is suspended, and

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

(iv) is of or above the age of 18, and

(v) is a fit and proper person to hold the contractor licence and is otherwise of good character, and

(c) the applicant, if an individual, is not an apprentice or a trainee, within the meaning of the Industrial and Commercial Training Act 1989 , and

(d) the applicant, if applying for an endorsed contractor licence, complies with the requirements prescribed by clause 20 (d)-(h) in relation to applicants for a qualified supervisor certificate.

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

(a) the individual who is the applicant, or

(b) every individual who is a member of a partnership that is the applicant, or

(c) any director of a corporation that is the applicant,

is not a person whose licence or other authority is currently suspended under the Act, the Fair Trading Act 1987 or any other Act administered by the Minister.

(1B) Before a licence is issued, the Director-General must be satisfied that the applicant or, in the case of an applicant that is a partnership, any partner of that applicant or, in the case of an applicant that is a corporation any director of that corporation:

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

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

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

(f) 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), or

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

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

(a) the applicant, or

(b) if the applicant is a partnership-every partner of the applicant, or

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

is not bankrupt or a director or person concerned in the management of a company that is the subject of a winding up order or for which a controller or administrator has been appointed.

(1BB) However, even if the Director-General is not so satisfied, subclause (1BA) does not prevent the Director-General from issuing a licence if:

(a) the licence authorises its holder to do residential building work or specialist work of the kind prescribed by clause 36A (clause 36A (1) (a), (b) and (d) excepted) but not of any other kind, and

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

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

(i) if the contract price exceeds $12,000, 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.

(1BC) Before a licence is issued, the Director-General must be satisfied that, within the period of 3 years before the date of the application:

(a) the applicant, or

(b) if the applicant is a partnership-every partner of the applicant, or

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

was not bankrupt or a director or person concerned in the management of a company when the company was the subject of a winding up order or when a controller or administrator was appointed.

(1BD) However, subclause (1BC) does not prevent the Director-General from issuing a licence if the Director-General is satisfied that the relevant person took all reasonable steps to avoid the bankruptcy, liquidation or appointment of controller or administrator.

(1C) Before a licence is issued, the Director-General must be satisfied that the applicant was not a director, partner or person concerned in the management of a company or partnership that was disqualified from holding a licence or certificate 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.

(2) 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, a full-time employee of, or a member of the partnership or director of the corporation that is, the applicant or holder, and

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

(3) In subclause (2) (b), "full-time 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.

(4) Subject to subclause (5), 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.

(5) 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.

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