New South Wales Repealed Regulations

This legislation has been repealed.

HOME BUILDING REGULATION 1997 - REG 19A

19A Requirements for obtaining building consultancy licences

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

(a) that the applicant, if an individual, has such qualifications or has passed such examinations or practical tests, or both, as the Director-General determines to be necessary to enable the applicant to do the work for which the licence is required, and

(b) that the applicant, if an individual, has had experience of such a kind, and for such a period, as the Director-General considers would enable that applicant to do the work for which the licence is required, and

(c) that, in the case of an applicant that is a corporation, at least one director or employee of the applicant holds a building consultancy licence, and

(d) that, in the case of an applicant that is a partnership, at least one partner or employee of the applicant holds a building consultancy licence, and

(e) that 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 building consultancy licence or a building consultancy 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 building consultancy licence or of a building consultancy licence of the kind applied for, and

(ii) is not disqualified from holding a contractor licence or a certificate, 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 certificate, and

(iii) is not the holder of a building consultancy licence that is suspended, and

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

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

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

(vii) in the case where the applicant is an individual-is not an apprentice or a trainee, within the meaning of the Apprenticeship and Traineeship Act 2001 .

(2) Before a building consultancy 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) every 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.

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

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

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

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

(d) 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

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

(4) Before a building consultancy 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 applicant,

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.

(5) Before a building consultancy 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 applicant,

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.

(6) However, subclauses (4) and (5) do not prevent the Director-General from issuing a building consultancy licence if the Director-General is satisfied that the relevant person took all reasonable steps to avoid the bankruptcy, winding up or appointment of a controller or administrator.

(7) Before a building consultancy 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 partnership or corporation 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.