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TASMANIA
__________
OCCUPATIONAL LICENSING BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Meaning of continuing professional development
5. Objects of Act
6. Crown to be bound
7. Application of Act to occupations, trades and callings
8. Act not to affect laws relating to mutual recognition
9. Application of other Acts
PART 2 ADMINISTRATION
Division 1 Administrator of Occupational Licensing
10. Administrator
11. General functions of Administrator
12. Assistance to Administrator
13. Power to obtain information
Division 2 Occupational Licensing Advisory Board
14. Occupational Licensing Advisory Board
Division 3 Delegation
15. Delegation of Administrator's functions
[Bill 29]-IV
Division 4 Authorised officers
16. Appointment of authorised officers
17. Entry to premises
18. Warrant to enter premises
19. Powers of authorised officers
20. Offences relating to authorised officers
PART 3 DUTIES OF PERSONS RELATING TO PRESCRIBED
WORK
21. Obligation to hold contractor's licence
22. Obligation to hold practitioner's licence
23. Duties of licence holders and nominated managers relating to
prescribed work
24. Duties of owners and occupiers relating to prescribed work
25. Duties of licence holders
26. Obligation to ensure that contractor's business is properly
managed
27. Insurance for licence holders
28. Insurance cover for contractors
29. Offences relating to insurance cover
PART 4 LICENSING OF CONTRACTORS AND PRACTITIONERS
Division 1 Preliminary
30. Classes of prescribed work
31. Competencies and requirements
32. Publication of determinations and amendments
Division 2 Contractors' licences
33. Application for contractor's licence
34. Determination of application
35. Enforceability of contracts
Division 3 Practitioners' licences
36. Application for practitioner's licence
37. Determination of application
2
Division 4 Offences related to occupational licensing
38. Offences
39. Vicarious liability
Division 5 General provisions about licences
40. Power to add, &c., conditions of licence
41. Certificate of identification
42. Term of licence
43. Renewal of licence
44. Surrender of licence
45. Duplicate certificate of identification
46. Cancellation of licence
47. Production of certificate of identification
48. Licence not transferable
Division 6 Registers
49. Registers
50. Access to registers
51. Security of information in registers
52. Administrative guidelines
PART 5 CODES OF PRACTICE
53. Codes of practice
54. Certification of prescribed work
PART 6 REGULATION OF PRESCRIBED WORK
Division 1 Inspection, investigation and rectification of prescribed work
55. Inspection and investigation of prescribed work
56. Appointment of investigator
57. Power to make rectification order
Division 2 Emergency powers
58. Powers of authorised officers in emergency
Division 3 Complaints
59. Complaints
3
60. Notification of complaint
61. Investigation of complaints
Division 4 Infringement notices
62. Service of infringement notices
63. Form of infringement notice
64. Acceptance of infringement notice
65. Extension of acceptance period
66. Payment
67. Effect of acceptance
68. Withdrawal of infringement notice
69. Certain evidence not admissible
Division 5 Demerit points
70. Interpretation
71. Recording demerit points
72. When demerit points are incurred
73. Deleting demerit points
74. Warning notices
75. Consequences of incurring demerit points licence holders and
former licence holders
76. Licence suspension
77. Demerit points incurred but not taken into account for notice of
licence suspension, &c.
78. Issue of licence suspension notice
PART 7 REVIEW OF DECISIONS
79. Reviewable decisions
80. Application for review of decision
81. Review of decisions
PART 8 APPEALS
82. Appeal to Magistrates Court (Administrative Appeals Division)
83. Exclusion of right of appeal against certain determinations
84. Enforcement of determination
4
PART 9 LEGAL AND DISCIPLINARY PROCEEDINGS
Division 1 Legal proceedings
85. Time for commencing prosecutions
86. Evidentiary provisions
87. Offences by corporations and partnerships, &c.
88. Enforcement of undertakings
Division 2 Disciplinary proceedings
89. Interpretation
90. Proper cause for disciplinary action
91. Show cause notice
92. Disciplinary panels
93. Disciplinary action
94. Constitution, meetings and procedure of disciplinary panels
PART 10 FINANCIAL PROVISIONS
95. Recovery of fees, fines and costs
96. Payments to approved authorities or Occupational Licensing
Administration Fund
PART 11 MISCELLANEOUS AND SUPPLEMENTAL
97. Confidentiality
98. Contractors to keep register
99. Exemptions
100. Licence number to be shown in advertisements, &c.
101. Immunity from liability
102. Assistance from police officers
103. Regulations
104. Transitional and savings provisions
105. Administration of Act
106. Consequential Amendments
107. Act repealed
108. Statutory Rule rescinded
5
SCHEDULE 1 PENALTIES
SCHEDULE 2 OCCUPATIONS, TRADES OR CALLINGS TO WHICH
THIS ACT APPLIES
SCHEDULE 3 ACTS CONTINUING TO HAVE EFFECT
SCHEDULE 4 CONSTITUTION, MEMBERSHIP AND MEETINGS
OF BOARD
SCHEDULE 5 TRANSITIONAL AND SAVINGS PROVISIONS
SCHEDULE 6 CONSEQUENTIAL AMENDMENTS
SCHEDULE 7 ACT REPEALED
SCHEDULE 8 STATUTORY RULE RESCINDED
6
OCCUPATIONAL LICENSING BILL 2005
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to ensure that contractors, practitioners and other
persons engaged in certain occupations, trades or callings
are appropriately qualified, licensed and regulated to
perform their work safely and in accordance with
established benchmarks, to promote safety, to provide for
the investigation of incidents in those activities, to amend
the Building Act 2000 and the Electricity Industry Safety
and Administration Act 1997 and to repeal the Plumbers
and Gas-fitters Registration Act 1951
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Occupational
Licensing Act 2005.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 29] 7
s. 3 No. Occupational Licensing 2005
3. Interpretation
(1) In this Act, unless the contrary intention
appears
"Administrator" means the person appointed
by the Minister as the Administrator of
Occupational Licensing under section 10;
"approved" means approved by the
Administrator;
"approved authority" means a local
authority, statutory authority or any body
or organisation, whether incorporated or
not, that is approved by the
Administrator for the purposes of this
Act in respect of an occupation, trade or
calling to which this Act applies;
"authorised officer" means a person who is
appointed or taken to be appointed under
section 16 as an authorised officer;
"Board" means the Occupational Licensing
Advisory Board established under
section 14;
"body corporate" includes a corporation
within the meaning of the Corporations
Act;
"code of practice" means a code of practice
established under section 53;
"continuing professional development" has
a meaning given by section 4;
8
2005 Occupational Licensing No. s. 3
"contractor" means the holder of a
contractor's licence under section 21
who
(a) enters into a contract to carry out
any prescribed work; or
(b) employs another person to carry
out any prescribed work; or
(c) has the management or control of
any other person carrying out any
prescribed work;
"contractor's business" means a business
involving entering into a contract or
contracts to carry out prescribed work;
"defective work" means
(a) any work that does not comply
with a code of practice; or
(b) any work where the materials,
tools or equipment used are faulty
or unsuitable for the purposes of
the work; or
(c) any work that has been left in an
incomplete and unsafe condition;
or
(d) any other work that is determined
to be defective work under a code
of practice or in accordance with
the regulations;
"director" has the same meaning as in section
9 of the Corporations Act;
9
s. 3 No. Occupational Licensing 2005
"document" means any record of
information, and includes
(a) anything on which there is
writing; and
(b) anything on which there are
marks, figures, symbols or
perforations having a meaning for
persons qualified to interpret
them; and
(c) anything from which sounds,
images or writings can be
reproduced with or without the
aid of anything else; and
(d) a map, plan, drawing or
photograph
and a reference in this Act to a document
includes a reference to
(e) any part of the document; and
(f) any copy, reproduction or
duplicate of the document or of
any part of the document; and
(g) any part of such a copy,
reproduction or duplicate;
"fit and proper", in the case of a contractor,
practitioner or other person who is
subject to this Act, means fit and proper
as defined in a code of practice relevant
to that contractor, practitioner or other
person;
10
2005 Occupational Licensing No. s. 3
"Fund" means the Occupational Licensing
Administration Fund established under
section 96;
"licence" means
(a) an authority granted and in force
under this Act to carry out any
prescribed work; or
(b) a document that evidences that
authority; or
(c) any such authority or document
continued in force under this Act;
"nominated manager" means a person who
is named in a licence or a notice under
section 26 as a nominated manager;
"owner", in respect of any premises, means a
person who
(a) is entitled to any interest in the
premises; or
(b) has contracted to buy the
premises; or
(c) is entitled to receive, or is in
receipt of, the rents and profits of
the premises, whether as
beneficial owner, trustee,
mortgagee in possession or
otherwise
and includes a person who has, or is
entitled to have, the management or
control of any premises;
11
s. 3 No. Occupational Licensing 2005
"practitioner" means a person who is the
holder of a licence authorising him or her
to carry out any prescribed work;
"premises" includes
(a) land and a structure, building,
caravan, vehicle or vessel,
whether temporary or not and
whether under construction or
not; and
(b) a place, whether enclosed or built
on or not and whether on, within,
over or under land or water; and
(c) a part of premises, including
premises referred to in
paragraph (a) or (b);
"prescribed work" means any work usually
carried out in the course of an
occupation, trade or calling specified in
Schedule 2 which is determined by the
regulations to be prescribed work but
does not include any work that under the
regulations is excluded from the
application of this Act;
"regulations" means regulations made and in
force under this Act;
"representation" means an express or
implied representation;
"specified person" means a person specified
in an infringement notice under
section 62 as a person to whom a
prescribed penalty is payable;
12
2005 Occupational Licensing No. s. 3
"standard" means a standard issued by a
standards authority;
"standards authority" means Standards
Australia International Limited, the
British Standards Institution, the
International Organisation for
Standardization, the American National
Standards Institute, Standards New
Zealand or any other similar authority
approved by the Administrator;
"statutory authority" means a body or
authority, whether incorporated or not,
which is established or constituted by or
under an Act or under the Royal
Prerogative, being a body or authority
which, or of which the governing
authority, wholly or partly comprises a
person or persons appointed by the
Governor, a Minister or another statutory
authority but does not include a
Government department;
"supervision" means supervision within the
meaning of a code of practice.
(2) A reference in this Act to an approved course of
training in respect of any prescribed work
includes a course of training undertaken for the
purposes of a qualification or statement of
attainment within the meaning of the Vocational
Education and Training Act 1994.
(3) In this Act, a reference in a penalty provision to
a level is a reference to the level of the penalty
as described in Schedule 1.
13
s. 4 No. Occupational Licensing 2005
4. Meaning of continuing professional development
For the purposes of this Act, a practitioner is
taken to demonstrate continuing professional
development if he or she has undertaken and can
show commitment to
(a) development of skills in respect of the
prescribed work which he or she
proposes to carry out and any learning
required for that purpose; and
(b) maintenance of his or her existing skills.
5. Objects of Act
The objects of this Act are to ensure that
(a) all work carried out in the course of
certain occupations, trades or callings is
carried out by appropriately qualified and
licensed persons; and
(b) all such work is carried out safely
without injury or damage to any person,
property or infrastructure; and
(c) all persons carrying out any such work
acquire, maintain, further develop and
apply their skills properly.
6. Crown to be bound
This Act binds the Crown in right of Tasmania
and, so far as the legislative power of Parliament
permits, in all its other capacities.
14
2005 Occupational Licensing No. s. 7
7. Application of Act to occupations, trades and
callings
(1) This Act applies to the occupations, trades and
callings specified in Schedule 2.
(2) Where the Minister is satisfied that, in the course
of any occupation, trade or calling, a person is
likely to, or may, create a hazard, risk or danger
to
(a) public health or safety; or
(b) property or infrastructure
the Minister may, by order published in the
Gazette and in such daily newspapers circulating
generally in Tasmania as the Minister thinks fit,
amend Schedule 2 by adding or varying an
occupation, trade or calling.
(3) An order under subsection (2)
(a) is to state the grounds on which it is
made by reference to public health,
safety, property or infrastructure; and
(b) is to be published in a way that ensures,
in the Minister's opinion, that the order
will come to the attention of persons
affected by it; and
(c) may provide that only such provisions of
this Act as are specified in the order are
to apply to the relevant occupation, trade
or calling; and
(d) may provide that the provisions of any
other Act that relates to the relevant
occupation, trade or calling, or such
15
s. 8 No. Occupational Licensing 2005
provisions of that Act as are specified in
the order, are to continue to have effect
notwithstanding the provisions of this
Act.
(4) The Minister must cause a copy of the order to
be laid before each House of Parliament within
14 sitting-days of that House and the order is
subject to disallowance under section 47 of the
Acts Interpretation Act 1931 as if it were a
regulation.
(5) The provisions of the Acts referred to in
Schedule 3 continue to have effect
notwithstanding the provisions of this Act.
8. Act not to affect laws relating to mutual recognition
Nothing in this Act affects the application of any
other law relating to the mutual recognition of
qualifications to perform any prescribed work.
9. Application of other Acts
(1) This Act is in addition to, and does not derogate
from, any other Act
(a) relating to contractors, practitioners and
other persons engaged in any occupation,
trade or calling to which this Act applies;
or
(b) prescribing any requirements with which
any prescribed work must comply.
(2) This section is subject to the provisions of any
order made under section 7(3)(c) or (d).
16
2005 Occupational Licensing No. s. 10
PART 2 ADMINISTRATION
Division 1 Administrator of Occupational Licensing
10. Administrator
The Minister administering the State Service Act
2000 may appoint a State Service officer or State
Service employee to be the Administrator of
Occupational Licensing and that officer or
employee may hold that office in conjunction
with State Service employment.
11. General functions of Administrator
The Administrator has the following functions:
(a) to advise the Minister on legislation and
any other matter relating to the
administration of this Act;
(b) to confer with and seek advice from State
Service Agencies, approved authorities
and any other persons, bodies or
organisations engaged in any relevant
industry and other interested groups or
bodies on matters relating to the
administration of this Act;
(c) to confer with and seek advice from any
national body established to deal with
matters relating to occupational licensing
and to represent Tasmania in respect of
the administration of this Act;
(d) to promote continuing professional
development in respect of any
17
s. 12 No. Occupational Licensing 2005
occupation, trade or calling to which this
Act applies;
(e) to publish reports and disseminate
information on matters relating to the
administration of this Act;
(f) to review the performance of licence
holders and authorised officers;
(g) to carry out any other function relating to
the administration of this Act that the
Minister determines.
12. Assistance to Administrator
The Administrator may make arrangements with
the Head of a State Service Agency for such
State Service officers and State Service
employees employed in that Agency as the
Administrator considers necessary to be made
available to the Administrator to enable the
Administrator to perform his or her functions
and exercise his or her powers under this Act
and those officers and employees may, in
conjunction with State Service employment,
serve the Administrator in any capacity.
13. Power to obtain information
(1) The Administrator may, by written notice given
to a person who may, in the Administrator's
opinion, be in possession of information,
documents or materials relating to any
occupation, trade or calling to which this Act
18
2005 Occupational Licensing No. s. 13
applies or otherwise to the administration of this
Act, require the person
(a) to provide written answers to specified
questions within a specified period; or
(b) to produce documents or other materials
for examination at a specified time and
place; or
(c) to appear before an authorised officer at a
specified time and place for examination
on a specified matter; or
(d) having appeared for examination as
mentioned in paragraph (c), to answer
any question relating to the
administration of this Act.
(2) A person who
(a) without reasonable excuse fails to
comply with a requirement under this
section; or
(b) in response to such a requirement,
knowingly gives information that is false
or misleading or deliberately refrains
from giving material information; or
(c) having been required to appear before an
authorised officer for examination, fails
to comply with any reasonable
requirement of the authorised officer
is guilty of an offence.
Penalty: Level 2.
19
s. 14 No. Occupational Licensing 2005
Division 2 Occupational Licensing Advisory Board
14. Occupational Licensing Advisory Board
(1) The Minister may establish a board, to be known
as the "Occupational Licensing Advisory
Board".
(2) The functions of the Board are to advise the
Administrator on
(a) the performance of the Administrator's
functions or the exercise of his or her
powers under this Act; and
(b) the administration of licences granted to
contractors and practitioners; and
(c) the training and skills required of
practitioners, nominated managers and
authorised officers; and
(d) any other matter referred to the Board by
the Administrator.
(3) Schedule 4 has effect with respect to the
constitution, membership and meetings of the
Board.
(4) With the approval of the Administrator, the
Board may establish committees to advise it on
the training and skills required of practitioners,
nominated managers and authorised officers and
on any other matter on which the Administrator
has sought its advice.
(5) With the approval of the Administrator, the
Board may engage additional persons to advise it
20
2005 Occupational Licensing No. s. 15
on the performance of its functions under this
Act.
(6) The Minister may determine procedures to be
followed by the Board and, to the extent that the
Board's procedures are not so determined, the
Board may determine its own procedures.
Division 3 Delegation
15. Delegation of Administrator's functions
(1) The Administrator may delegate any of his or
her functions under this Act, except this power
of delegation.
(2) A delegation may be made to
(a) an approved authority; or
(b) a State Service officer or State Service
employee; or
(c) an officer or employee of an approved
authority; or
(d) any other person of an occupation or
class prescribed by the regulations.
Division 4 Authorised officers
16. Appointment of authorised officers
(1) The Administrator may appoint
(a) a State Service officer, State Service
employee or any other person; or
21
s. 16 No. Occupational Licensing 2005
(b) a member of a class of police officers,
State Service officers, State Service
employees or employees of a company
carrying out functions for the purposes of
this Act
to be an authorised officer for the purposes of
this Act on such terms and conditions as are
specified in the instrument of appointment and,
in the case of a State Service officer or State
Service employee, he or she may hold that office
in conjunction with State Service employment.
(2) The Administrator is to issue an authorised
officer appointed under subsection (1)(a) with
(a) an instrument of appointment; and
(b) an identity card.
(3) A person may not be appointed as an authorised
officer under this section unless the
Administrator is satisfied that he or she is
qualified by reason of knowledge and experience
to hold that office.
(4) The powers and functions of an authorised
officer under this Act must be exercised or
performed in accordance with any limitations
stated in the instrument of his or her
appointment.
Penalty: Level 3.
(5) Where an authorised officer appointed under
subsection (1)(a) ceases to be appointed as such,
he or she must within 10 days surrender his or
her identity card to the Administrator.
22
2005 Occupational Licensing No. s. 17
Penalty for failure to comply with this
subsection: Level 1.
17. Entry to premises
(1) An authorised officer may enter any premises
(a) in which, on which or for the purposes of
which any prescribed work has been, is
being or is intended to be carried out; or
(b) for the purposes of inspecting any article
or thing on which prescribed work has
been, is being or is intended to be carried
out; or
(c) for the purposes of taking any action that
is reasonably necessary or desirable for
the purposes of this Act.
(2) A power of entry conferred by this Act may be
exercised
(a) with the consent of the occupier of the
premises to be entered; or
(b) with the authority of a warrant; or
(c) in an emergency, where it is
impracticable to obtain a warrant or the
consent of the occupier.
(3) On entering any premises in or on which an
authorised officer appointed under
section 16(1)(a) proposes to exercise his or her
powers or perform his or her functions under this
Act, the authorised officer, if so requested by
(a) the owner of the premises; or
23
s. 18 No. Occupational Licensing 2005
(b) the employer of any person engaged in
carrying out any prescribed work in or at
the premises
is to show his or her identity card to the owner or
employer.
(4) A failure by an authorised officer to show his or
her identity card does not invalidate any
subsequent exercise of his or her powers.
18. Warrant to enter premises
(1) An authorised officer may apply to a justice for a
warrant to enter the premises specified in the
application.
(2) The justice may issue the warrant if satisfied that
a warrant is reasonably required for the purposes
of this Act.
(3) A warrant authorises the authorised officer
(a) to enter the premises specified in the
warrant; and
(b) to do anything reasonably required for
the administration or enforcement of this
Act.
(4) A warrant is to specify the date on which, and
the time at which, the warrant ceases to have
effect.
(5) An application for a warrant may be made by
telephone, facsimile or other prescribed means if
the authorised officer considers that the urgency
of the situation requires it.
24
2005 Occupational Licensing No. s. 18
(6) If the justice decides to issue a warrant on an
application under subsection (5), the justice is
to
(a) complete and sign the warrant; and
(b) inform the applicant of
(i) the terms of the warrant; and
(ii) the date and time of the issue of
the warrant; and
(iii) the date and time when the
warrant is to cease to have effect;
and
(c) record on the warrant the reasons for
issuing it.
(7) The authorised officer must
(a) complete a warrant form in the same
terms as the warrant signed by the
justice; and
(b) write on the form
(i) the name of the justice; and
(ii) the date and time of the issue of
the warrant; and
(c) send to the justice the completed form
not later than the day after the warrant is
executed or ceases to have effect.
(8) On receipt of the warrant form, the justice is to
attach it to the warrant signed by the justice.
25
s. 19 No. Occupational Licensing 2005
(9) A warrant form completed under subsection (7)
by an authorised officer has the same force as
the original of the warrant signed by the justice.
19. Powers of authorised officers
If an authorised officer reasonably considers that
an offence against this Act has been, is being or
is likely to be committed or a code of practice
has been, is being or is likely to be contravened
in any premises, the authorised officer may enter
those premises and do one or more of the
following:
(a) require the owner or occupier of those
premises or any employee of the owner
or occupier to produce any records
relating to any business in which, or for
the purposes of which, any prescribed
work is being carried on;
(b) search for, inspect, take extracts from
and make copies of those records;
(c) require any person who appears to be
able to do so to answer any question
relating to any prescribed work, the
duties of contractors or the duties of
practitioners under this Act.
20. Offences relating to authorised officers
A person must not
(a) obstruct, wilfully delay, threaten or
intimidate an authorised officer or a
person assisting an authorised officer in
26
2005 Occupational Licensing No. s. 20
the performance of his or her functions
under this Act; or
(b) without lawful excuse, refuse or fail to
comply with a requirement made, or to
answer a question asked, by an
authorised officer under this Act; or
(c) provide an authorised officer with
information requested under this Act
knowing that it is false or misleading in a
material particular; or
(d) directly or indirectly prevent any person
from appearing before, or being
questioned by, an authorised officer.
Penalty: Level 5.
27
s. 21 No. Occupational Licensing 2005
PART 3 DUTIES OF PERSONS RELATING TO
PRESCRIBED WORK
21. Obligation to hold contractor's licence
A person must not carry on business as a
contractor unless he or she holds a contractor's
licence of the occupation and class appropriate
to the prescribed work carried out in the course
of the business.
Penalty: Level 5.
22. Obligation to hold practitioner's licence
(1) A person must not carry out any prescribed work
unless
(a) the person holds a practitioner's licence
of the relevant occupation and class; or
(b) the person is undergoing an approved
course of training and the prescribed
work is supervised by a practitioner of
the relevant occupation and class; or
(c) the person is permitted to do so under
section 36(4) and (5).
Penalty: Level 5.
(2) A person must not supervise the performance of
prescribed work unless he or she is a practitioner
of the relevant occupation and class.
Penalty: Level 5.
28
2005 Occupational Licensing No. s. 23
(3) A practitioner must ensure that he or she acts
only in the area of his or her competence.
Penalty: Level 5.
23. Duties of licence holders and nominated managers
relating to prescribed work
(1) In carrying out any prescribed work, a licence
holder and a nominated manager must ensure
that
(a) any relevant code of practice is complied
with; and
(b) any requirements imposed by
subsections (2) and (3) are complied
with; and
(c) he or she complies with any directions
given to him or her by the Administrator
or an authorised officer.
Penalty: Level 2.
(2) A licence holder and a nominated manager must
ensure that any directions given by him or her, in
the course of carrying out any prescribed work,
are complied with by a person who is not a
licence holder and who is entitled to perform
prescribed work under this Act.
Penalty: Level 2.
(3) A contractor or nominated manager who carries
out any prescribed work must ensure that the
prescribed work is carried out in a manner that
does not cause
29
s. 24 No. Occupational Licensing 2005
(a) a risk to public health; or
(b) a danger to the public; or
(c) damage to property or infrastructure.
Penalty: Level 4.
(4) A contractor or nominated manager who carries
out any prescribed work must also ensure that
the prescribed work is in accordance with any
permit or authority required under any other law.
Penalty: Level 4.
(5) A contractor or nominated manager who carries
out any prescribed work must ensure that the
materials, and the quality of the materials used in
the prescribed work, are in accordance with the
requirements of this Act.
Penalty: Level 4.
24. Duties of owners and occupiers relating to
prescribed work
An owner or occupier of any premises who
authorises any prescribed work in respect of the
premises, must ensure that, so far as is
reasonably practicable, any person engaged to
carry out the prescribed work holds a licence if
so required under this Act.
Penalty: Level 1.
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2005 Occupational Licensing No. s. 25
25. Duties of licence holders
(1) A holder of a licence who carries out any
prescribed work under the licence must ensure
that
(a) the prescribed work; and
(b) any other work performed in connection
with, or for the purposes of, the
prescribed work
complies with any relevant code of practice.
Penalty: Level 4.
(2) A contractor must ensure that any prescribed
work carried out under his or her licence is
carried out by a person who
(a) is the holder of a practitioner's licence of
the relevant occupation and class; or
(b) is undergoing an approved course of
training and whose prescribed work is
supervised by the holder of a
practitioner's licence of the relevant
occupation and class.
Penalty: Level 4.
(3) A practitioner supervising prescribed work by a
person who is undergoing an approved course of
training must
(a) give any directions necessary to ensure
that the prescribed work is carried out as
required by this Act; and
31
s. 26 No. Occupational Licensing 2005
(b) personally ensure that the prescribed
work is correctly carried out as required
by this Act.
Penalty: Level 4.
26. Obligation to ensure that contractor's business is
properly managed
(1) A contractor must not carry on business as such
unless any prescribed work carried out in the
course of the business is subject to the
management and supervision of a nominated
manager who
(a) is a practitioner; and
(b) is, in the Administrator's opinion,
competent
(i) to assess the scope and technical
requirements of any prescribed
work to be carried out under a
contract or proposed contract;
and
(ii) to determine the skills and
resources necessary to carry out
that work; and
(iii) to make arrangements for
carrying out that work properly
and safely; and
(c) is named in the contractor's licence, or in
a notice under subsection (5), as the
nominated manager.
Penalty: Level 5.
32
2005 Occupational Licensing No. s. 27
(2) A contractor must not obstruct a nominated
manager in the performance of his or her duties.
Penalty: Level 5.
(3) A nominated manager is to be appointed under
this section in respect of each occupation and
class appropriate to the prescribed work carried
out in the course of the contractor's business.
(4) A nominated manager must perform
competently his or her duties under this Act.
Penalty: Level 5.
(5) If the nominated manager for a contractor's
business dies or ceases to manage any prescribed
work carried out in the course of that business,
no offence is committed against this section if,
within 60 days or any longer period allowed by
the Administrator, the contractor nominates, by a
notice in writing in an approved form given in
the manner required by the Administrator, a new
manager who is eligible to be the nominated
manager for the contractor's business.
27. Insurance for licence holders
(1) Notwithstanding section 8, the Administrator
may, by notice published in the Gazette, require
licence holders to be covered by insurance of a
type and to an amount specified in the notice.
(2) Notwithstanding subsection (1), it is lawful for a
practitioner to perform prescribed work
gratuitously if, in doing so, he or she is covered
by insurance of a type and to an amount as
required by subsection (1).
33
s. 28 No. Occupational Licensing 2005
28. Insurance cover for contractors
(1) A contractor is taken to be covered by the
required insurance if
(a) the prescribed work carried out by or on
behalf of the contractor is covered by the
required insurance; or
(b) the contractor is not a party to the
required insurance but is specified or
referred to in the contract of insurance by
name or otherwise as a person covered
by that insurance.
(2) Where the contractor has the licence cancelled
under section 46, the cancellation does not affect
the insurance cover for any work carried out
before notice of the cancellation is given to that
holder.
29. Offences relating to insurance cover
(1) A contractor must not carry out any prescribed
work or allow any prescribed work to be carried
out under his or her licence unless he or she
holds, or is taken to hold, the required insurance
under section 28.
Penalty: Level 5.
(2) A contractor must not represent that he or she
holds, or is taken to hold, the required insurance
cover unless that is the case.
Penalty: Level 3.
(3) A court that convicts a person of an offence
under subsection (1) is to order, in addition to
34
2005 Occupational Licensing No. s. 29
any other penalty imposed in respect of the
offence, that the person pay into the Fund an
amount equal to the total of any insurance
premiums which the court is satisfied the person
has avoided by failing to maintain the insurance
cover required by subsection (1).
(4) A practitioner must not perform prescribed work
gratuitously unless he or she is covered by
insurance as required by section 27.
Penalty: Level 3.
(5) A contractor must, on request by an owner or
occupier of land on which any prescribed work
is carried out, produce a certificate of currency
or other evidence of the required insurance
cover.
Penalty: Level 3.
35
s. 30 No. Occupational Licensing 2005
PART 4 LICENSING OF CONTRACTORS AND
PRACTITIONERS
Division 1 Preliminary
30. Classes of prescribed work
(1) For the purposes of issuing licences under this
Act, the Administrator may determine that
(a) any prescribed work is to be divided into
classes of prescribed work; and
(b) any class of prescribed work may be
combined with any other class of
prescribed work.
(2) The Administrator is to notify any determination
under subsection (1) in the Gazette and in such
daily newspapers circulating generally in
Tasmania as the Administrator thinks fit and the
notification is to be available for public
inspection
(a) at the office of the Administrator during
normal business hours; and
(b) by means of the World Wide Web; and
(c) by any other means determined by the
Administrator.
31. Competencies and requirements
The Administrator is to determine, by notice
published in the Gazette, entry competencies,
continuing competencies and other requirements
36
2005 Occupational Licensing No. s. 32
which an applicant for a licence relating to a
particular occupation and class of prescribed
work must satisfy or continue to satisfy.
32. Publication of determinations and amendments
(1) The Administrator may amend a determination
under section 30 or 31 by omitting, substituting
or adding a provision but, before doing so, must
consult with the Board and may consult with any
other person or organisation that he or she
considers appropriate.
(2) The Administrator is to notify any amendment
under subsection (1) in the Gazette and in such
daily newspapers circulating generally in
Tasmania as the Administrator thinks fit and the
notification is to be available for public
inspection
(a) at the office of the Administrator during
normal business hours; and
(b) by means of the World Wide Web; and
(c) by any other means determined by the
Administrator.
Division 2 Contractors' licences
33. Application for contractor's licence
(1) An application for a contractor's licence is to be
made to the Administrator in an approved form
and is to be accompanied by the prescribed fee.
(2) The application
37
s. 34 No. Occupational Licensing 2005
(a) is to state the occupation, trade or calling
and class of prescribed work for which
the licence is sought; and
(b) is to be accompanied by any information
required by the Administrator relating
to
(i) the suitability of the applicant to
hold a contractor's licence of the
relevant occupation and class;
and
(ii) the nominated manager for the
prescribed work to be carried out
under the licence; and
(iii) any arrangements made or
proposed by the applicant to
ensure that prescribed work is
carried out, or supervised, by a
practitioner of the relevant
occupation and class.
(3) The applicant must provide the Administrator
with proof of identity as may be required by the
Administrator.
34. Determination of application
(1) On receipt of an application for a contractor's
licence, the Administrator must consider the
application and
(a) issue an appropriate licence to the
applicant, which may be unconditional or
subject to any conditions that the
Administrator considers appropriate; or
38
2005 Occupational Licensing No. s. 35
(b) refuse the application.
(2) Unless otherwise agreed with the applicant, the
Administrator is to make a decision within 21
days after receiving the application.
(3) If the Administrator refuses an application, the
Administrator, on the request of the applicant,
must give the applicant written notice setting out
the reasons for the refusal.
(4) The applicant may request the Administrator to
review the decision and, if he or she is not
satisfied with the review, the applicant may
appeal to the Magistrates Court (Administrative
Appeals Division) under section 82.
35. Enforceability of contracts
(1) A person who contracts to do prescribed work in
contravention of section 21, 22 or 26
(a) is not entitled to recover any payment
under the contract in respect of that
prescribed work; and
(b) is not entitled to damages or to enforce
any other remedy in respect of a breach
of the contract committed by any other
party to the contract; and
(c) is not entitled to damages or to enforce
any other remedy in respect of any
prescribed work carried out or supervised
by the person in contravention of
section 21, 22 or 26
39
s. 36 No. Occupational Licensing 2005
but is liable for damages and subject to any other
remedy in respect of a breach of the contract
committed by the person.
(2) This section does not affect the liability of any
person for an offence against this or any other
Act.
Division 3 Practitioners' licences
36. Application for practitioner's licence
(1) An application for a practitioner's licence is to
be made to the Administrator in an approved
form and is to be accompanied by the prescribed
fee.
(2) The application
(a) is to state the occupation or occupations
and class or classes of prescribed work
for which the licence is sought; and
(b) is to be accompanied by any information
required by the Administrator about
(i) the applicant's qualifications and
experience in carrying out
prescribed work of the relevant
occupation and class; and
(ii) the applicant's capacity and
fitness to carry out prescribed
work of that occupation and
class; and
(iii) the maintenance of the
applicant's skills and continuing
professional development.
40
2005 Occupational Licensing No. s. 37
(3) The Administrator may, as a condition of
granting a practitioner's licence, require the
applicant to show satisfactory completion of an
approved course of training.
(4) A person who completes an approved course of
training may, subject to subsection (5), continue
to carry out prescribed work until he or she is
granted a practitioner's licence or such other
time as may be determined by the Administrator,
whichever first occurs.
(5) The prescribed work referred to in
subsection (4)
(a) is to be work to which the completed
approved course of training relates; and
(b) is to be supervised by a practitioner of
the relevant occupation and class.
37. Determination of application
(1) On receipt of an application for a practitioner's
licence, the Administrator must consider the
application and
(a) issue an appropriate licence to the
applicant, which may be unconditional or
subject to any conditions that the
Administrator considers appropriate; or
(b) refuse the application.
(2) Unless otherwise agreed with the applicant, the
Administrator is to make a decision within 21
days after receiving the application.
41
s. 38 No. Occupational Licensing 2005
(3) If the Administrator refuses the application, the
Administrator, on the request of the applicant,
must give him or her written notice setting out
the reasons for the refusal.
(4) The applicant may request the Administrator to
review the decision and, if he or she is not
satisfied with the review, the applicant may
appeal to the Magistrates Court (Administrative
Appeals Division) under section 82.
Division 4 Offences related to occupational licensing
38. Offences
(1) A person must not hold himself, herself or any
other person out as a practitioner or a contractor,
or as a nominated manager or authorised officer,
when that is not the case.
Penalty: Level 3.
(2) A person must not represent that he or she or any
other person is prepared to enter into a contract
to carry out any prescribed work unless the
intended contractor holds a contractor's licence
of the relevant occupation and class.
Penalty: Level 5.
(3) An applicant for a licence must not represent that
he or she holds a qualification, certificate,
accreditation, registration or licence when that is
not the case.
Penalty: Level 3.
(4) A person must not materially alter or deface a
licence.
42
2005 Occupational Licensing No. s. 39
Penalty: Level 3.
(5) A person must not impersonate an authorised
officer.
Penalty: Level 3.
(6) In providing any information, statement, report
or document under this Act, a person must not
(a) provide it knowing it to be false or
misleading; or
(b) omit any matter knowing that without
that matter the information, statement,
report or document is false or
misleading.
Penalty: Level 4.
39. Vicarious liability
(1) Where a person commits an offence against this
Act
(a) any other person who has the
management or control of the offender;
or
(b) any person who is a nominated manager
in respect of the offender
is also guilty of that offence and liable to a
penalty not exceeding the maximum penalty
prescribed for the offence.
(2) It is a defence to a charge for an offence arising
under subsection (1) if the person charged can
show that he or she could not, by the exercise of
43
s. 40 No. Occupational Licensing 2005
reasonable diligence, have prevented the
commission of the offence.
(3) A person who under subsection (1) is charged
with an offence against this Act may be
convicted of the offence whether or not
proceedings have been brought against any other
person.
(4) If a body corporate commits an offence against
this Act
(a) each director or manager of the body
corporate who authorised or permitted
the offence is also guilty of an offence
and is liable to a penalty not exceeding
the maximum prescribed for the body
corporate's offence; and
(b) a director or manager of the body
corporate may be convicted of an offence
under this section whether or not
proceedings have been brought against
the body corporate.
Division 5 General provisions about licences
40. Power to add, &c., conditions of licence
(1) The Administrator may, at any time, by written
notice given to a licence holder, apply a
condition to his or her licence or vary or remove
a condition of the licence.
(2) A licence holder must not contravene a condition
of his or her licence.
Penalty: Level 3.
44
2005 Occupational Licensing No. s. 41
41. Certificate of identification
(1) The Administrator is to issue to a licence holder
a certificate of identification in an approved
form.
(2) The certificate of identification may, if the
Administrator considers it appropriate, be
incorporated in a licence issued on an
application for the grant or renewal of the
licence.
(3) A person must not materially alter or deface a
certificate of identification granted or issued
under this Act.
Penalty for failure to comply with this
subsection: Level 3.
42. Term of licence
(1) A practitioner's licence is to be granted for a
period, not exceeding 3 years, specified in the
licence.
(2) A contractor's licence is to be granted for a
period, not exceeding one year, specified in the
licence.
43. Renewal of licence
The Administrator may, on application by a
licence holder who can show continuing
professional development satisfactory to the
Administrator, renew the licence for a further
period, not exceeding the relevant period
specified in section 42.
45
s. 44 No. Occupational Licensing 2005
44. Surrender of licence
(1) A licence holder may, by written notice to the
Administrator, surrender the licence.
(2) Within 10 days after surrender of a licence, the
licence holder must return the licence and the
certificate of identification issued under
section 41(1) to the Administrator.
Penalty: Level 1.
45. Duplicate certificate of identification
Where the Administrator is satisfied that a
licence holder has lost or misplaced his or her
certificate of identification, the Administrator
may issue a duplicate certificate of identification
to him or her.
46. Cancellation of licence
(1) The Administrator may, by notice in writing
given to a licence holder, cancel the licence if
any of the statements or information contained in
the licence holder's application for the licence is
materially false or misleading.
(2) The cancellation of a licence does not render
unlawful any prescribed work carried out by a
person before he or she receives notice of the
cancellation.
46
2005 Occupational Licensing No. s. 47
47. Production of certificate of identification
(1) A licence holder must, at the request of the
Administrator and within such time as the
Administrator may require, produce to the
Administrator any certificate of identification
issued to him or her under section 41.
Penalty: Level 1.
(2) A person who is carrying out, proposes to carry
out or has carried out any prescribed work must,
on demand, by
(a) the Administrator; or
(b) an authorised officer; or
(c) the owner or occupier of any relevant
premises; or
(d) a person with whom the licence holder
has contracted or proposes to contract to
carry out the prescribed work
produce to him or her any certificate of
identification issued to him or her under
section 41.
Penalty: Level 1.
48. Licence not transferable
A licence is not transferable.
47
s. 49 No. Occupational Licensing 2005
Division 6 Registers
49. Registers
(1) For the purposes of this Act, the Administrator is
to keep registers.
(2) One register is to include
(a) the full name of the licence holder; and
(b) any preferred name of the licence holder;
and
(c) the address of any premises used by the
licence holder for the purposes of his or
her business; and
(d) any business name used by the licence
holder for the purposes of his or her
business; and
(e) in the case of a practitioner, his or her
residential address; and
(f) such other information relating to the
licence holder or the conduct of his or
her business as the Administrator
considers appropriate for the purposes of
this Act.
(3) The information referred to in subsection (2)(b),
(c) and (d) is to be available to the public by
means of the World Wide Web but the
information referred to in subsection (2)(a), (e)
and (f) is not to be so available.
(4) For the purposes of this Act, the Administrator is
to keep another register giving details of
48
2005 Occupational Licensing No. s. 49
(a) the Administrator's determinations in
respect of classes of prescribed work;
and
(b) the Administrator's determinations in
respect of competencies and
requirements; and
(c) the publication of any such
determinations and any amendments to
them; and
(d) codes of practice; and
(e) information given to the Administrator
for the purposes of demerit points; and
(f) any infringement notice issued to a
licence holder; and
(g) any disciplinary action against a licence
holder under Division 2 of Part 9; and
(h) reports published and information
disseminated on matters relating to the
administration of this Act; and
(i) administrative guidelines as to the
disclosure of information in a register;
and
(j) notices requiring insurance under
section 27; and
(k) the constitution, meetings and procedure
of disciplinary panels; and
(l) orders granting exemptions under
section 99; and
(m) authorised officers; and
49
s. 50 No. Occupational Licensing 2005
(n) any other information that the
Administrator considers appropriate for
the purposes of the Act.
(5) The information referred to in subsection (4)(a),
(b), (c), (d), (h), (i), (j), (k), (l) and (m) is to be
available to the public by means of the World
Wide Web but the other information referred to
in that subsection is not to be so available.
(6) The Administrator must correct a mistake, error
or omission in a register subject to the
requirements, if any, of the regulations.
50. Access to registers
(1) The registers kept under section 49 may be kept
in the form of, or as part of, a computer database
or in any other form that the Administrator
considers appropriate.
(2) Subject to sections 49 and 51, the registers are to
be available for public inspection by means of
the World Wide Web and by any other means
determined by the Administrator.
51. Security of information in registers
(1) Information recorded in the registers is protected
information if it is
(a) personal information other than that
which may identify the licence holder; or
(b) commercially sensitive information.
50
2005 Occupational Licensing No. s. 52
(2) The Administrator must not allow protected
information to be divulged except as follows:
(a) as the Administrator considers
appropriate in the public interest for the
purposes of the administration of an Act
of Tasmania, another State, a Territory or
the Commonwealth;
(b) as authorised by the person to whom the
information relates;
(c) as required by a court or other body or
person authorised to take evidence;
(d) in accordance with administrative
guidelines issued by the Administrator;
(e) as otherwise authorised by the
Administrator.
52. Administrative guidelines
(1) The Administrator may issue administrative
guidelines governing the disclosure of
information (including protected information)
from the registers kept under section 49.
(2) The Administrator may, from time to time,
revise administrative guidelines issued under this
section.
51
s. 53 No. Occupational Licensing 2005
PART 5 CODES OF PRACTICE
53. Codes of practice
(1) The Administrator may, by notice published in
the Gazette, establish one or more codes of
practice in respect of any occupation, trade or
calling to which this Act applies but a code of
practice is to be consistent with any other law
relevant to the occupation, trade or calling.
(2) A code of practice may consist of the whole or a
part of any code, standard, rule, specification or
provision relating to any prescribed work
formulated, prepared or adopted by the
Administrator and may apply, incorporate or
refer to any document formulated or published
by any body or authority as in force at that time.
(3) The Administrator may, by notice published in
the Gazette, amend any part of a code of practice
or revoke a code of practice.
(4) A code of practice may contain requirements to
be observed for
(a) the level of supervision required of the
holders of licences and other persons in
performing prescribed work; and
(b) ensuring that the holders of licences and
other persons acquire, maintain, further
develop and apply their skills relating to
the performance of prescribed work.
(5) A code of practice may have effect by reference
to the types of prescribed work or the degree of
52
2005 Occupational Licensing No. s. 54
experience required of the contractors,
practitioners and other persons concerned.
(6) Before establishing a code of practice, amending
any part of a code of practice or revoking a code
of practice, the Administrator may consult with
the Board.
(7) The Administrator is to give notice in the
Gazette, and in such daily newspapers
circulating generally in Tasmania as the
Administrator thinks fit, of
(a) the approval of a code of practice; or
(b) the approval of the revision of the whole
or a part of a code of practice; or
(c) the revocation of a code of practice.
(8) A notice under this section is not a statutory rule
within the meaning of the Rules Publication Act
1953.
54. Certification of prescribed work
(1) The Administrator may, in accordance with the
regulations, require that, on completion of any
prescribed work, the responsible licence holder
provides a certificate that the prescribed work
complies with the relevant code of practice.
(2) A licence holder must comply with a
requirement under subsection (1).
Penalty: Level 2.
53
s. 55 No. Occupational Licensing 2005
PART 6 REGULATION OF PRESCRIBED WORK
Division 1 Inspection, investigation and rectification of
prescribed work
55. Inspection and investigation of prescribed work
The Administrator may, either on complaint or
on his or her own initiative, inspect and
investigate the performance of any prescribed
work and any alleged contravention of this Act.
56. Appointment of investigator
(1) For the purposes of this Act, the Administrator
may appoint a person as an investigator on any
terms and conditions that he or she considers
appropriate.
(2) An investigator may be appointed to assist an
authorised officer in the performance of his or
her duties under this Act.
57. Power to make rectification order
(1) If the Administrator or an authorised officer is
satisfied, on inspection and investigation, that
any prescribed work is defective, the
Administrator or authorised officer may make a
rectification order or undertake any other action
as prescribed.
(2) A rectification order
(a) is to give reasons for the order; and
54
2005 Occupational Licensing No. s. 58
(b) is to give reasonable particulars of the
work required to be carried out under the
order so as to rectify the prescribed work;
and
(c) may be made orally but must, as soon as
practicable, be given in writing to the
owner, occupier, licence holder or his or
her agent.
(3) A person against whom a rectification order is
made must comply with the order.
Penalty: Level 4.
Division 2 Emergency powers
58. Powers of authorised officers in emergency
(1) In an emergency, an authorised officer may take
any action that he or she considers necessary to
protect life or property.
(2) Without limiting the generality of subsection (1),
an authorised officer may take any one or more
of the following actions under that subsection:
(a) enter premises;
(b) disconnect a source of danger to life or
property;
(c) carry out prescribed work on
infrastructure or an installation;
(d) give any directions to the person in
charge of infrastructure or an installation
that may be necessary to make it safe;
55
s. 59 No. Occupational Licensing 2005
(e) remove or cause to be removed a hazard
that may cause danger to life or serious
damage to property;
(f) give any directions that the authorised
officer considers necessary to avert
danger to life or property.
(3) A person to whom a direction is given under this
section must comply with the direction.
Penalty: Level 3.
Division 3 Complaints
59. Complaints
(1) A person may make a complaint to the
Administrator on the ground of defective work
or a contravention of this Act by a licence
holder, an authorised officer or a person
appointed as an investigator under section 56.
(2) A complaint
(a) is to be in writing; and
(b) is to contain particulars of the grounds of
the complaint with a statement that the
complainant consents to those particulars
and all supporting documents being
given to the person against whom the
complaint is made; and
(c) is to be supported by a statutory
declaration.
(3) The Administrator may require the complainant
to give further particulars of the complaint
56
2005 Occupational Licensing No. s. 60
supported by a statutory declaration within such
time as the Administrator may specify.
(4) The Administrator, by notice in writing given to
the complainant, may dismiss any complaint
without investigation if
(a) further particulars are not given as
required; or
(b) the complaint or further particulars are
not supported by a statutory declaration;
or
(c) the complaint does not relate to a
contravention of this Act; or
(d) the complaint is otherwise vexatious or
frivolous
and must dismiss the complaint if it does not
contain the particulars and statement referred to
in subsection (2)(b).
60. Notification of complaint
After receiving a complaint about a person
mentioned in section 59(1), the Administrator,
by written notice given to the person complained
about, must
(a) inform the person of the particulars of the
complaint; and
(b) provide the person with any documents
relating to the complaint; and
57
s. 61 No. Occupational Licensing 2005
(c) invite the person to make, within 14 days
or any longer period stated in the notice,
written comments about the complaint
and, if the Administrator is satisfied that there
are compelling reasons for doing so, the
Administrator may inform the person that he or
she will withhold the identity of the complainant.
61. Investigation of complaints
(1) Subject to section 59, the Administrator, as soon
as is reasonably practicable after receiving a
complaint, must make inquiries and take any
other action the Administrator considers
necessary to investigate the matter.
(2) Before considering a complaint, the
Administrator may require the complainant to
demonstrate to the Administrator that
(a) the complaint has been brought to the
attention of, and considered by, the
person mentioned in section 59(1); and
(b) a satisfactory resolution of the complaint
could not be achieved.
Division 4 Infringement notices
62. Service of infringement notices
(1) An authorised officer may serve an infringement
notice on a person who is over the age of 16
years if of the opinion that the person has
committed an offence under this Act that is
58
2005 Occupational Licensing No. s. 63
prescribed as an offence for which an
infringement notice may be issued.
(2) An infringement notice is not to relate to 4 or
more offences.
63. Form of infringement notice
(1) An infringement notice
(a) is to be in an approved form; and
(b) is to specify
(i) the offence to which it relates;
and
(ii) the prescribed penalty for that
offence; and
(iii) the total amount payable under
the notice; and
(iv) the methods by which the penalty
may be paid; and
(v) any other matter that the
Administrator thinks fit.
(2) An infringement notice is to state that the person
on whom it is served may disregard the notice
but that, on doing so, he or she may be
prosecuted for the prescribed offence to which
the notice relates.
64. Acceptance of infringement notice
A person may accept an infringement notice by
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(a) the payment, within 21 days after being
served with the notice, of the prescribed
penalty to the person specified for that
purpose in the notice; or
(b) lodging with that person, within 21 days
after being served with the notice, a
written undertaking to pay the penalty by
such instalments or within such time as
that person may direct.
65. Extension of acceptance period
If an infringement notice is not accepted within
the period referred to in section 64, the specified
person may allow a further period of 14 days
commencing on the expiry of that period for the
acceptance of the notice.
66. Payment
(1) A person who undertakes under section 64(b) to
pay an amount payable under an infringement
notice may make representations to the specified
person in respect of the person's ability to pay
the amount.
(2) The specified person is to take the
representations into account before determining
the period within which the amount is to be paid.
(3) The specified person may determine the period,
not exceeding 60 days from the day on which the
notice was served, within which the amount
must be paid.
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2005 Occupational Licensing No. s. 67
(4) If a person fails to pay any amount in accordance
with an undertaking, proceedings may be taken
against the person in respect of the amount
remaining outstanding as if it were a penalty
imposed on the person on summary conviction.
67. Effect of acceptance
(1) The acceptance of an infringement notice is not
an admission of liability in any civil
proceedings.
(2) Proceedings against a person for an offence to
which an infringement notice relates that has not
been withdrawn must not be brought
(a) if the person accepts the infringement
notice; or
(b) if the person has not been allowed an
additional period under section 65,
within 28 days after the notice was
served; or
(c) if the person has been allowed an
additional period under section 65,
within 42 days after the notice was
served.
68. Withdrawal of infringement notice
(1) The Administrator may withdraw an
infringement notice served on a person if of the
opinion that
(a) the infringement notice should not have
been served; or
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(b) the person should be proceeded against
for the offence to which the notice
relates.
(2) An approved authority may withdraw an
infringement notice served on a person by an
authorised officer who is an employee or agent
of the approved authority.
(3) An infringement notice may be withdrawn
whether or not it has been accepted.
(4) An infringement notice is to be withdrawn
(a) by serving on a person a notice stating
that the infringement notice has been
withdrawn; and
(b) within 108 days after service of the
infringement notice.
(5) Where an infringement notice has been
withdrawn under this section and any amount
has been paid to a specified person by way of
penalty under that notice, that person must repay
that amount to the person on whom the notice
was served.
69. Certain evidence not admissible
Evidence of the service or withdrawal of an
infringement notice is not admissible in any
proceedings for the offence to which the notice
relates.
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Division 5 Demerit points
70. Interpretation
(1) In this Division
"demerit disciplinary ground" means a
matter in respect of which the
Administrator may take disciplinary
action against a licence holder where
(a) the matter is a contravention of
this Act or a code of practice; and
(b) an infringement notice may be
served under section 64(a);
"disciplinary action" means any disciplinary
action taken under section 75(2);
"disciplinary incident", in respect of a
demerit disciplinary ground, means the
circumstances that gave rise to that
ground;
"licence holder", in respect of a demerit
disciplinary ground, includes a person
who holds or held a licence when the
disciplinary incident relating to the
demerit disciplinary ground occurred;
"previous 3 years", in respect of a licence
holder with demerit points, means the 3-
year period ending on the day when the
licence holder last incurred a demerit
point;
"register" means the register kept under
section 49(4).
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(2) A reference in this Division to a 3-year period
does not include a period of time during which
the licence holder is suspended or did not hold a
licence.
71. Recording demerit points
(1) The Administrator must record in the register,
against the licence holder, the number of demerit
points incurred.
(2) The demerit points must be recorded in the
register by reference to the day when an
authorised officer first became aware of the
relevant demerit disciplinary ground.
(3) The Administrator may, in conjunction with an
infringement notice, impose demerit points.
72. When demerit points are incurred
One or more demerit points are taken to have
been incurred by a licence holder for a demerit
disciplinary ground on the day when the
authorised officer first became aware of the
relevant disciplinary incident.
73. Deleting demerit points
(1) This section applies to demerit points incurred
by a licence holder, recorded in the register and
taken into account for
(a) a notice of licence suspension under
section 76; or
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2005 Occupational Licensing No. s. 74
(b) other disciplinary action which may be
taken under section 75(2)(b).
(2) The demerit points are to be deleted from the
register at the beginning of the period of
suspension, or on the imposition of the
disciplinary action.
(3) Subsection (2) does not prevent the
Administrator keeping a record of deleted
demerit points.
74. Warning notices
(1) This section applies if
(a) the Administrator records one or more
demerit points against a licence holder;
and
(b) in the previous 3 years, the licence holder
has incurred at least 10 other demerit
points; and
(c) the Administrator has not given the
licence holder a notification under this
section within a period of 3 months
ending on the day when the demerit point
is incurred.
(2) The Administrator must notify the licence holder
in writing how many demerit points the licence
holder has and the effect of this Division.
(3) A failure to comply with subsection (2) does not
affect the validity of anything done by the
Administrator or a court.
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75. Consequences of incurring demerit points licence
holders and former licence holders
(1) This section applies to
(a) a licence holder who has incurred 15 or
more demerit points in respect of an
occupation, trade or calling within the
previous 3 years; and
(b) a former licence holder who has incurred
15 or more demerit points in respect of
an occupation, trade or calling within a
period of 3 years and who applies for a
new licence.
(2) The Administrator is to consider the disciplinary
incidents for which the licence holder incurred
the demerit points and
(a) serve a notice of licence suspension
under section 76 on the licence holder in
respect of the relevant licence and
occupation; or
(b) take any other disciplinary action against
the licence holder that the Administrator
considers appropriate.
(3) In considering what action to take under
subsection (2), the Administrator is to take into
account the following considerations:
(a) the need to protect public safety;
(b) the desirability of not allowing people to
undertake work which they are
financially unable to complete;
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2005 Occupational Licensing No. s. 76
(c) the frequency of the disciplinary
incidents to which the demerit points
relate;
(d) the seriousness of the disciplinary
incidents to which the demerit points
relate;
(e) in the case of a contractor, the number of
persons performing prescribed work for
or on behalf of the contractor;
(f) any other relevant matter.
76. Licence suspension
A notice of suspension of a licence served on a
licence holder by the Administrator under this
section
(a) is to state the date of the notice; and
(b) is to state each licence or class of licence
to which the notice relates; and
(c) is to state the date, at least 21 days after
the day on which the notice is served on
the licence holder, when the suspension
of the licence is to begin; and
(d) is to state the period, not exceeding 3
months, of the suspension of the licence;
and
(e) is to include any other information
required under the regulations; and
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(f) may include any additional information
that the Administrator considers
appropriate.
77. Demerit points incurred but not taken into account
for notice of licence suspension, &c.
(1) This section applies to
(a) demerit points incurred by a licence
holder on or before the date of a notice of
licence suspension served on the licence
holder under this Division that were not
taken into account for the notice; and
(b) demerit points incurred by the licence
holder after the date of the notice and
before the period of licence suspension
applying under the notice begins.
(2) The demerit points to which this section applies
are to be taken into account only in respect of the
licence holder from the end of the period of
licence suspension applying under the notice.
78. Issue of licence suspension notice
On giving notification under section 74 to a
licence holder, the Administrator may give a
notice of suspension of licence to him or her
under this Division without giving him or her an
opportunity to make representations why the
notice should not be given.
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2005 Occupational Licensing No. s. 79
PART 7 REVIEW OF DECISIONS
79. Reviewable decisions
(1) This Part applies to
(a) any decision made by the Administrator
for the purposes of section 13,
section 34(1)(a) or (b), section 36(3),
section 37(1)(a) or (b), section 40(1),
section 43, section 46(1) or
section 57(1); and
(b) any decision made by an authorised
officer for the purposes of section 57(1).
(2) For the purposes of this Part, a reference to a
decision is taken to include a reference to any
action taken to give effect to that decision.
(3) Where the Administrator or an authorised officer
makes any decision or takes any action to which
this Part applies, he or she must, by notice
served on any person who is directly affected by
the decision or action, notify him or her
(a) of the decision or action and, if so
requested, the reasons for it; and
(b) that the person may apply for a review of
the decision or action under section 80.
80. Application for review of decision
(1) A person referred to in section 79(3) may apply
to the Administrator to review a decision to
which this Part applies.
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(2) The application
(a) is to be made in writing within 14 days
after the date of service of a notice under
section 79(3); and
(b) is to specify the reasons for the
application.
(3) The Administrator may extend the period
referred to in subsection (2) for making an
application.
(4) Subject to any other enactment, the making of an
application to the Administrator for a review of a
decision to which this Part applies does not
(a) affect the operation of the decision; or
(b) prevent the taking of any action to give
effect to the decision.
(5) Despite subsection (4), the Administrator
(a) may, by order, suspend the operation of
the decision; and
(b) may order a stay of any proceeding under
the decision.
(6) The Administrator may make the order
(a) of his or her own motion; or
(b) on the application of the person who
made the application for a review of the
decision.
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2005 Occupational Licensing No. s. 81
81. Review of decisions
(1) The Administrator must, within 45 days after
receiving an application under section 80 for a
review of a decision to which this Part applies,
make a determination
(a) substituting the decision with another
decision; or
(b) confirming the decision; or
(c) revoking the decision.
(2) The Administrator must, by notice served on the
applicant, notify the applicant of
(a) the determination made; and
(b) the findings on material questions of fact;
and
(c) the evidence or other material on which
the findings are based; and
(d) the reasons for the determination; and
(e) the right to appeal to the Magistrates
Court (Administrative Appeals Division)
against the determination.
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PART 8 APPEALS
82. Appeal to Magistrates Court (Administrative
Appeals Division)
(1) A person who is directly affected by a decision
taken by the Administrator may appeal to the
Magistrates Court (Administrative Appeals
Division) for a review of the decision.
(2) The Magistrates Court (Administrative Appeals
Division) may not hear an appeal under
subsection (1) if it appears to the Court that the
proposed proceedings would be an abuse of the
process of the Court.
83. Exclusion of right of appeal against certain
determinations
No appeal lies against a determination under
Division 1 of Part 4 or Part 5.
84. Enforcement of determination
The Administrator must give effect to a
determination or order of the Magistrates Court
(Administrative Appeals Division) under this
Part.
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2005 Occupational Licensing No. s. 85
PART 9 LEGAL AND DISCIPLINARY
PROCEEDINGS
Division 1 Legal proceedings
85. Time for commencing prosecutions
Notwithstanding anything in any other Act,
proceedings for an offence against this Act may
not be instituted later than 12 months after an
authorised officer becomes aware of the act or
omission alleged to constitute the offence.
86. Evidentiary provisions
(1) A certificate apparently issued under the
authority of the Administrator and certifying that
a specified person was, or was not, the licence
holder of a particular class at a specified time or
premises or for a specified period is admissible
in proceedings under this Act
(a) as evidence of the facts so certified; and
(b) if the certificate contains information
about the terms and conditions of the
licence, as evidence of the information
contained in the certificate.
(2) A certificate apparently issued under the
authority of the Administrator and certifying that
a specified licence was suspended, surrendered
or cancelled on a particular date is admissible in
proceedings under this Act as evidence of the
fact so certified.
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(3) A certificate apparently issued under the
authority of the Administrator and certifying that
a notice, report or other document was, or was
not, given or received at or before a specified
time or at specified premises is admissible in
proceedings under this Act as evidence of the
fact so certified.
(4) Where, in proceedings under this Act, an
allegation in the complaint that, at a specified
time or on specified premises, a person was an
authorised officer is evidence of that fact.
(5) In proceedings for an offence against this Act, an
allegation in the complaint that, at a specified
time or premises
(a) a person or a practitioner was an
employee; or
(b) a person or a practitioner was an
employer; or
(c) a person was a holder of a contractor's
licence; or
(d) a person was a practitioner; or
(e) a notice was given under this Act; or
(f) a notice required to be given under this
Act was not given; or
(g) a prescribed fee has not been paid; or
(h) a person was an authorised officer; or
(i) an authorised officer became aware of an
act or omission alleged to constitute an
offence
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2005 Occupational Licensing No. s. 86
is evidence of that fact.
(6) In proceedings under this Act, proof of the
required insurance cover lies on the person or
licence holder charged with the offence.
(7) Where, in proceedings under this Act, it is
alleged that a person contravened a provision of
this Act in respect of which a code of practice
was in effect at the time of the alleged
contravention
(a) if the code of practice refers to another
document, any document purporting to
be the document so referred to is
admissible in evidence in those
proceedings; and
(b) if the court is satisfied, in respect of any
matter that it is necessary for the
prosecution to prove in order to establish
the alleged contravention, that
(i) any provision of the code of
practice is relevant to that matter;
and
(ii) the person failed at any material
time to observe that provision of
the code of practice
the matter is taken as proved unless the
court is satisfied that, in respect of that
matter, the person complied with the
relevant provision of this Act otherwise
than by way of observance of the
relevant provision of the code of practice.
(8) A document purporting to be published by or
under the authority of a standards authority or to
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have effect under any other Act is, on its
production in proceedings under this Act,
evidence of the matters appearing in the
document.
(9) For the purposes of this section, a reference to a
certificate includes a reference to a notice and an
order.
87. Offences by corporations and partnerships, &c.
(1) If a corporation commits an offence against this
Act, each person who is an officer, or is
concerned in the management, of the corporation
is also guilty of the offence and liable to the
penalty prescribed for the offence.
(2) It is a defence to a charge brought under
subsection (1) against a person who is an officer,
or is concerned in the management, of a
corporation if that person proves that
(a) the commission of the offence by the
corporation occurred without the
knowledge of the person; or
(b) the person was not in a position to
influence the conduct of the corporation
in respect of the commission of the
offence; or
(c) the person, being in such a position, used
all reasonable diligence to prevent the
commission of the offence by the
corporation; or
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2005 Occupational Licensing No. s. 87
(d) the corporation would not have been
found guilty of the offence by reason of a
defence available under this Act.
(3) A person who is an officer, or is concerned in
the management, of a corporation may, under
subsection (1), be proceeded against and be
convicted of an offence whether or not the
corporation has been proceeded against or
convicted in respect of the offence.
(4) Where, in proceedings under this Act, it is
necessary to establish the intention of a
corporation, it is sufficient to show that an
employee or agent of the corporation had that
intention.
(5) If a partner in a partnership commits an offence
against this Act in the course of the activities of
the partnership, each other person who is a
partner in the partnership is also guilty of the
offence and liable to the penalty prescribed for
the offence.
(6) If a person who is concerned in the management
of an unincorporated association commits an
offence against this Act in the course of the
activities of the unincorporated association, each
other person who is at the time of the
commission of the offence concerned in the
management of the unincorporated association is
also guilty of the offence and liable to the
penalty prescribed for the offence.
(7) It is a defence to a charge brought under this
section if the person charged proves that
(a) the commission of the offence occurred
without the knowledge of the person; or
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(b) the person was not in a position to
influence the conduct of the person who
committed the offence; or
(c) the person, being in such a position, used
all reasonable diligence to prevent the
commission of the offence; or
(d) the person who committed the offence
would not have been found guilty of the
offence by reason of a defence available
under this Act.
(8) In this section
"officer"
(a) in respect of a corporation within
the meaning of the Corporations
Act, has the same meaning as in
section 9 of that Act; or
(b) in respect of a corporation which
is not a corporation within the
meaning of the Corporations Act,
means any person, by whatever
name called, who is concerned or
takes part in the management of
the corporation
and in either case includes any employee
of the corporation who gives to the
Administrator or authorised officer any
information relating to any part of the
operations of the corporation over which
that employee exercises any supervision
or control.
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88. Enforcement of undertakings
(1) In this section
"Court" means the Magistrates Court.
(2) The Administrator may accept a written
undertaking given by a person for the purposes
of this section in connection with a matter in
respect of which the Administrator has a power
or function under this Act.
(3) The person may withdraw or vary the
undertaking at any time, but only with the
consent of the Administrator.
(4) If the Administrator considers that the person
who gave the undertaking has contravened any
of its terms, the Administrator may apply to the
Court for an order under subsection (5).
(5) If the Court is satisfied that the person has
contravened a term of the undertaking, the Court
may make all or any of the following orders:
(a) an order directing the person to comply
with that term of the undertaking;
(b) an order directing the person to pay to
the Administrator an amount not
exceeding any financial benefit that the
person has obtained directly or indirectly
and that is reasonably attributable to the
contravention;
(c) an order that the Court considers
appropriate directing the person to
compensate any other person who has
suffered loss or damage as a result of the
contravention;
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(d) an order to suspend or cancel a licence;
(e) any other order that the Court considers
appropriate.
(6) Where the Court has ordered a person to pay an
amount under subsection (5), the amount is taken
to be a judgment of the Court and enforceable
under the Magistrates Court (Civil Division) Act
1992.
Division 2 Disciplinary proceedings
89. Interpretation
In this Division, references to a licence holder
include references to a former licence holder.
90. Proper cause for disciplinary action
(1) There is proper cause for disciplinary action
against a contractor if
(a) he or she is guilty of improper conduct;
or
(b) it appears to the Administrator that the
contractor has failed to ensure, or is not
in a position to ensure, that any
prescribed work carried out under his or
her licence is properly managed or
supervised; or
(c) the contractor is not a fit and proper
person to hold a contractor's licence; or
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2005 Occupational Licensing No. s. 90
(d) where the contractor is a body corporate,
any officer of the body corporate is not a
fit and proper person to be an officer of
the body corporate.
(2) There is proper cause for disciplinary action
against a practitioner if
(a) he or she is guilty of improper conduct;
or
(b) he or she has given to any other person
information relating to any prescribed
work provided, or to be provided, by him
or her that was false or misleading in a
material particular; or
(c) the Administrator is satisfied that he or
she is not a fit and proper person to hold
a practitioner's licence.
(3) A licence holder is guilty of improper conduct
if
(a) he or she contravenes a provision of this
Act; or
(b) he or she contravenes a code of practice;
or
(c) he or she is responsible for defective
work; or
(d) he or she has given to any other person
information relating to any prescribed
work provided, or to be provided, by the
licence holder that was false or
misleading in a material particular.
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91. Show cause notice
If the Administrator has reason to believe that
there may be cause for disciplinary action
against a licence holder under this Part, the
Administrator may give the licence holder a
show cause notice, which
(a) states that the Administrator believes
there is cause for disciplinary action for
reasons specified in the notice; and
(b) allows the licence holder a reasonable
opportunity to show cause in writing why
that disciplinary action should not be
taken against the licence holder.
92. Disciplinary panels
(1) The Administrator may establish disciplinary
panels for the purposes of this Act.
(2) Before the Administrator takes disciplinary
action against a licence holder
(a) the Administrator must refer the matter
to a disciplinary panel for its
recommendation; and
(b) the panel must
(i) consider the matters set out in the
relevant show cause notice and
the licence holder's written
response, if any, to the notice;
and
(ii) afford a reasonable opportunity
for the Administrator and the
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2005 Occupational Licensing No. s. 93
licence holder to be present and
heard; and
(iii) consider representations made by
or on behalf of the Administrator
and the licence holder; and
(iv) make a recommendation to the
Administrator about whether
disciplinary action should be
taken and, if so, the nature of the
disciplinary action; and
(c) the Administrator must consider the
panel's recommendation.
93. Disciplinary action
(1) After considering a recommendation of a
disciplinary panel, the Administrator may do any
one or more of the following:
(a) administer a caution or a reprimand to a
licence holder;
(b) require a licence holder to undergo a
course of training specified by the
Administrator;
(c) apply a condition to the licence, or add
to, or alter, the conditions of the licence;
(d) suspend the licence for a period not
exceeding the unexpired term of the
licence or until compliance with another
order made under this subsection;
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(e) cancel the licence and disqualify the
licence holder from holding a licence for
a specified period;
(f) order rectification of defective work
within a time specified in the order;
(g) order the licence holder to pay the
reasonable costs of any investigation
conducted by a person appointed under
section 56, including the reasonable costs
of that person attending the disciplinary
panel.
(2) If an amount ordered to be paid by a licence
holder as costs under subsection (1)(g) is not
paid as directed by the order, that amount is
taken to be a judgment of the Magistrates Court
(Civil Division) and enforceable under the
Magistrates Court (Civil Division) Act 1992.
94. Constitution, meetings and procedure of
disciplinary panels
The Administrator may, from time to time,
publish guidelines, not inconsistent with this
Act, governing meetings and procedures of
disciplinary panels.
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PART 10 FINANCIAL PROVISIONS
95. Recovery of fees, fines and costs
(1) The Administrator may waive, remit or refund
part or all of a fee payable under this Act.
(2) A fee payable under this Act may be recovered
as if it were a judgment of the Magistrates Court
(Civil Division) and enforceable under the
Magistrates Court (Civil Division) Act 1992.
(3) Where a person has been ordered to pay a fine or
costs
(a) by a court; or
(b) by the Administrator
and the person is in default in payment of the
fine or costs, the amount of the fine or costs is
taken to be a judgment of the Magistrates Court
(Civil Division) and enforceable under the
Magistrates Court (Civil Division) Act 1992.
96. Payments to approved authorities or Occupational
Licensing Administration Fund
(1) The Administrator is to establish a fund to be
known as the Occupational Licensing
Administration Fund into which there are to be
paid
(a) fees for the grant of licences; and
(b) any money paid by way of a fine for an
offence against this Act; and
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(c) any other money received by the
Administrator in the administration of
this Act.
(2) The Fund is to be managed by the Administrator.
(3) Any payments made in respect of an
infringement notice
(a) are payable to an approved authority, if
the notice was served by the approved
authority; or
(b) in any other case, are payable into the
Fund.
(4) There may be paid from the Fund money that is
required
(a) for the payment or discharge of the
expenses, charges and obligations
incurred or undertaken by the Board in
the performance of its functions or the
exercise of its powers; and
(b) for the administration of this Act; and
(c) for any other purpose relating to
occupational licensing matters.
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2005 Occupational Licensing No. s. 97
PART 11 MISCELLANEOUS AND SUPPLEMENTAL
97. Confidentiality
A person who obtains information in performing
functions in the administration of this Act must
not disclose the information unless the disclosure
is made
(a) for the purposes of this or any other Act;
or
(b) with the consent of the person to whom
the information relates; or
(c) for the purposes of legal proceedings; or
(d) in accordance with a requirement or
authority made or conferred by law.
Penalty: Level 2.
98. Contractors to keep register
(1) A contractor must keep in an approved form an
accurate register of persons employed or
engaged by the contractor to carry out prescribed
work.
(2) The register is to contain full particulars of
(a) each employee or practitioner, or person
undergoing an approved course of
training, who is engaged by the
contractor; and
(b) the occupations and classes of prescribed
work undertaken by each employee,
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practitioner or person undergoing an
approved course of training; and
(c) the qualifications, competencies and
continuing professional development of
each employee, practitioner or person
undergoing an approved course of
training.
(3) A contractor must, at the request of an
authorised officer, make the register available
for inspection by the authorised officer within a
period specified by the authorised officer.
(4) A contractor who fails to keep an accurate
register, or to make it available for inspection
within the period specified by the authorised
officer, as required under this section is guilty of
an offence.
Penalty: Level 2.
99. Exemptions
(1) The Administrator may make an order
(a) exempting specified persons, or persons
of a specified occupation and class of
work, from the provisions of this Act or
specified provisions of this Act; or
(b) exempting specified prescribed work, or
prescribed work carried out by licence
holders of a specified occupation and
class, from the provisions of this Act or
specified provisions of this Act; or
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2005 Occupational Licensing No. s. 100
(c) varying or revoking an order previously
made under this section.
(2) An order under this section
(a) is to be published in the Gazette; and
(b) takes effect on publication in the Gazette
or on a later date specified in the order;
and
(c) is not a statutory rule within the meaning
of the Rules Publication Act 1953.
(3) An exemption under this section
(a) may be unconditional or subject to
conditions stated in the order; and
(b) may be granted for a specified period or
without limitation of its period of
operation.
(4) A person who has the benefit of an exemption
under this section must comply with any
conditions of the exemption.
Penalty: Level 5.
100. Licence number to be shown in advertisements, &c.
A contractor must show his or her licence
number in any advertisement in respect of the
business conducted under the contractor's
licence and in any account or correspondence
issued by the contractor in respect of that
business.
Penalty: Level 2.
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101. Immunity from liability
No liability attaches to the Crown, the
Administrator, an authorised officer, a person
appointed under section 56 of this Act or any
other person appointed by the Administrator
acting under this Act for an act done, or
omission made, in good faith in performing or
exercising, or purportedly performing or
exercising, functions or powers under this Act.
102. Assistance from police officers
(1) A police officer may, on request by an
authorised officer, assist the authorised officer in
the exercise of powers under this Act.
(2) A police officer is, for the purposes of this Act,
taken to be an authorised officer while acting
under subsection (1).
103. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may provide for the following:
(a) fees to be paid to the Administrator in the
administration of this Act;
(b) contractors' licences and practitioners'
licences;
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2005 Occupational Licensing No. s. 103
(c) supervision of prescribed work and of
any work associated with prescribed
work;
(d) notification of carrying out prescribed
work, rectification of prescribed work
and inspection and investigation of
prescribed work;
(e) standards of prescribed work;
(f) certificates of compliance to be provided
by licence holders on completion of
prescribed work;
(g) competency standards;
(h) acquisition, maintenance and further
development of skills required to carry
out any prescribed work;
(i) regulating or prohibiting the use of any
words which may imply that a person is
authorised to carry on an occupation,
trade or calling to which this Act applies;
(j) proceedings under this Act;
(k) any matter necessary for, or incidental to,
the winding-up of the Plumbers and Gas-
fitters Registration Board
and the regulations may also contain transitional
and savings provisions providing for
(l) any person who is registered, or holds a
certificate or other qualification, under
(i) the Plumbers and Gas-fitters
Registration Act 1951; or
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(ii) any other enactment relating to an
occupation, trade or calling to
which this Act applies
to be taken to be the holder of an
appropriate licence under this Act or a
nominated manager under this Act;
(m) a requirement that any such person is to
be covered by insurance as provided by
sections 27 and 28;
(n) any other matter that is necessary or
desirable arising from the amendments
set out in Schedule 6 or the repeal or
rescission effected by Schedule 7 or 8.
(3) The regulations may adopt or incorporate, with
or without modification, the provisions as in
force at the time of the adoption or incorporation
or as in force from time to time of
(a) a law in force in another jurisdiction; or
(b) a standard, rule, code, specification,
criterion or protocol issued or published
by a body or authority specified in the
regulations.
(4) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) in respect of any such offence, provide
for the imposition of a fine not exceeding
200 penalty units for a body corporate
and 100 penalty units for a natural
person; and
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2005 Occupational Licensing No. s. 104
(c) provide for the issue of infringement
notices for offences specified in the
regulations; and
(d) provide for the awarding of demerit
points to a licence holder as a result of
any disciplinary incident specified in the
regulations.
(5) The regulations may provide for the payment,
remitting, refunding and waiving of fees in
respect of any matter under this Act.
(6) The regulations
(a) may be of limited or general application;
and
(b) may be made so as to apply differently,
according to matters, limitations or
restrictions, whether as to time,
circumstance or otherwise, specified in
the regulations; and
(c) may authorise any matter to be
determined by the Administrator from
time to time.
104. Transitional and savings provisions
The transitional and savings provisions in
Schedule 5 have effect.
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105. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Infrastructure, Energy
and Resources; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
106. Consequential Amendments
The legislation specified in Schedule 6 is
amended as specified in that Schedule.
107. Act repealed
The Act specified in Schedule 7 is repealed.
108. Statutory Rule rescinded
The Statutory Rule specified in Schedule 8 is
rescinded.
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2005 Occupational Licensing No. sch. 1
SCHEDULE 1 PENALTIES
Section 3(3)
1. Level 1 means
(a) in the case of a body corporate, a fine not
exceeding 50 penalty units; or
(b) in the case of a natural person, a fine not
exceeding 20 penalty units.
2. Level 2 means
(a) in the case of a body corporate, a fine not
exceeding 100 penalty units; or
(b) in the case of a natural person, a fine not
exceeding 50 penalty units.
3. Level 3 means
(a) in the case of a body corporate, a fine not
exceeding 150 penalty units; or
(b) in the case of a natural person, a fine not
exceeding 75 penalty units.
4. Level 4 means
(a) in the case of a body corporate, a fine not
exceeding 250 penalty units; or
(b) in the case of a natural person, a fine not
exceeding 125 penalty units.
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sch. 1 No. Occupational Licensing 2005
5. Level 5 means
(a) in the case of a body corporate, a fine not
exceeding 400 penalty units; or
(b) in the case of a natural person, a fine not
exceeding 200 penalty units.
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2005 Occupational Licensing No. sch. 2
SCHEDULE 2 OCCUPATIONS, TRADES OR
CALLINGS TO WHICH THIS ACT APPLIES
Section 7
Each of the following is an occupation, trade or
calling to which this Act applies:
Column 1 Column 2
Occupation, Trade Description
or Calling
1. Performance of (a) Work on the installation,
electrical work repair, alteration or
removal of an electrical
circuit or associated
fittings, equipment or
accessories.
(b) Work on the installation,
repair, alteration or
removal of electrical
infrastructure including
lines and wires for the
generation, transmission or
distribution of electricity
and also including
supporting and protective
structures relating to any
such equipment, lines or
wires.
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sch. 2 No. Occupational Licensing 2005
Column 1 Column 2
Occupation, Trade Description
or Calling
(c) Work that is, by
determination of the
Regulator as defined in the
Electricity Supply Industry
Act 1995, to be regarded
as specialist work.
2. Performance of Domestic, commercial or
gas-fitting work industrial
Work carried out in connection
with the installation,
commissioning, relocation, repair,
modification, maintenance or
disconnection of a gas installation
to convey liquefied petroleum
gas, compressed natural gas,
liquefied natural gas, hydrogen
gas or calorific gas, or any part of
that gas installation, including
work on
(a) any pipe or system of
pipes for, or incidental to,
the conveyance of gas and
components or fittings
associated with the pipe or
pipes which are
downstream from the gas
supply point; and
(b) any one or more of the
following:
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2005 Occupational Licensing No. sch. 2
Column 1 Column 2
Occupation, Trade Description
or Calling
(i) any appliance and
associated
components or
fittings which are
downstream from
the gas supply
point;
(ii) any meter which is
downstream from
the gas supply
point;
(iii) any means of
ventilation or
system for the
removal of
combustion
products which is
downstream from
the gas supply
point.
Automotive gas systems
Work involved in
(a) the installation, alteration,
extension, disconnection
or repair of an autogas
installation; or
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sch. 2 No. Occupational Licensing 2005
Column 1 Column 2
Occupation, Trade Description
or Calling
(b) the connection of a gas
cylinder to, or the
disconnection of a gas
cylinder from, an autogas
installation
including work on a system of
pipes and associated equipment
that forms part of a vehicle, vessel
or machine that is designed to
convey liquefied petroleum gas,
compressed natural gas, liquefied
natural gas or hydrogen gas to an
internal combustion engine that is
installed in, or forms part of, the
vehicle, vessel or machine.
3. Performance of Any work relating to installing,
plumbing work altering, maintaining or
disconnecting a plumbing
installation, including work on the
following systems:
(a) heating, ventilation and
airconditioning (including
heater, ventilation and
airconditioning systems);
(b) hydraulic;
(c) liquid fuel;
(d) medical gas, including
vacuum;
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2005 Occupational Licensing No. sch. 2
Column 1 Column 2
Occupation, Trade Description
or Calling
(e) on-site waste water
management (including
on-site waste water
management systems and
on-site liquid trade waste
systems);
(f) pneumatic;
(g) refrigeration;
(h) reticulated, including
steam;
(i) sanitary plumbing and
drainage (including
sanitary plumbing systems
and sanitary drainage
systems);
(j) stormwater drainage
(including roof drainage,
and surface and sub-
surface drainage systems);
(k) systems utilising
commercially available
gases;
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sch. 2 No. Occupational Licensing 2005
Column 1 Column 2
Occupation, Trade Description
or Calling
(l) water services (including
cold water services, heated
water services, non-
drinking water services
and firefighting water
services).
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2005 Occupational Licensing No. sch. 3
SCHEDULE 3 ACTS CONTINUING TO HAVE
EFFECT
Section 7(5)
Building Act 2000
Electricity Industry Safety and
Administration Act 1997
Gas Act 2000
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sch. 4 No. Occupational Licensing 2005
SCHEDULE 4 CONSTITUTION, MEMBERSHIP AND
MEETINGS OF BOARD
Section 14(3)
1. Constitution of Board
The Board is to consist of at least 7 members but
not more than 9 members appointed by the
Minister on the advice of the Administrator.
2. Qualifications for membership
(1) A person is not eligible for appointment as a
member of the Board unless
(a) the person has significant qualifications,
knowledge and experience relevant to the
Board's functions; or
(b) where, under section 7(2), an occupation,
trade or calling is added to Schedule 2,
the person has, in the opinion of the
Minister, knowledge and experience
relevant to that occupation, trade or
calling.
(2) The members of the Board must collectively
have significant qualifications, knowledge and
experience, with respect to the occupations,
trades and callings to which this Act applies,
relating to practitioners, contractors, training,
infrastructure, law, administration, consumer
affairs, local government and insurance.
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2005 Occupational Licensing No. sch. 4
3. Chairperson
One member of the Board is to be appointed by
the Minister as the Chairperson of the Board.
4. Conditions of membership
(1) Each member of the Board
(a) is to be appointed by the Minister for a
term not exceeding 3 years stated in the
instrument of appointment; and
(b) is entitled to be paid remuneration and
travelling allowances fixed by the
Minister from time to time in respect of
that member; and
(c) is not, as a member of the Board, subject
to the State Service Act 2000.
(2) A member of the Board is eligible for
reappointment at the end of a term of
appointment.
(3) A member of the Board
(a) may resign by written notice to the
Minister; and
(b) may be removed by the Minister on the
advice of the Administrator for
incapacity or misbehaviour or on the
ground that he or she ceases to hold any
qualification by virtue of which he or she
was appointed.
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sch. 4 No. Occupational Licensing 2005
5. Disclosure of pecuniary interests
(1) A member who has a direct or indirect pecuniary
interest in a matter being considered or about to
be considered by the Board, other than a
determination as to the remuneration and
allowances payable to a member, is required, as
soon as possible after the relevant facts have
come to the member's knowledge, to disclose
the nature of the interest at a meeting of the
Board if the interest appears to raise a conflict
with the proper performance of the member's
duties in relation to the consideration of the
matter.
(2) A disclosure by a member at a meeting of the
Board that the member
(a) is a member, or is in the employment, of
a specified company or other body; or
(b) is a partner, or is in the employment, of a
specified person; or
(c) has some other specified interest relating
to a specified company or other body or a
specified person
is sufficient disclosure of the nature of the
interest in any matter or thing relating to that
company or other body or to that person which
may arise after the date of the disclosure and
which is required to be disclosed under
subclause (1).
(3) Particulars of any disclosure made under this
section are to be recorded in a book kept for the
purpose and that book is required to be open at
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2005 Occupational Licensing No. sch. 4
all reasonable hours for inspection by any person
on payment of a fee determined by the Board.
(4) After a member has disclosed the nature of an
interest in any matter or thing under
subclause (1), the member may not, unless the
other members of the Board concerned otherwise
determine, be present during any deliberation, or
take part in any decision, of the Board with
respect to that matter or thing.
(5) For the purposes of the making of a
determination by other members under
subclause (4), a member who has a direct or
indirect pecuniary interest in a matter to which
the disclosure relates may not
(a) be present during any deliberation of
those members for the purposes of
making the determination; or
(b) take part in the making of the
determination by the other members.
6. Power of Board to determine procedure
Except as provided in this Schedule, the Board
may determine its own procedure.
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SCHEDULE 5 TRANSITIONAL AND SAVINGS
PROVISIONS
Section 104
1. Funds held by Plumbers and Gas-fitters
Registration Board
Any funds held by the Plumbers and Gas-fitters
Registration Board on the commencement of
section 104 are to be paid to the Administrator to
the credit of the Occupational Licensing
Administration Fund.
2. Saving for licences under Electricity Industry Safety
and Administration Act 1997
Where, immediately before the commencement
of section 104, a person held a licence under the
Electricity Industry Safety and Administration
Act 1997, that licence is taken to be a licence
granted under this Act on the same terms and
conditions.
3. Saving for nominated managers under Electricity
Industry Safety and Administration Act 1997
Where, immediately before the commencement
of section 104
(a) a person held an electrical contractor's
licence under the Electricity Industry
Safety and Administration Act 1997; and
(b) in the course of carrying on business as
such had arranged for the business to be
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2005 Occupational Licensing No. sch. 5
under the management and supervision
of a nominated manager in accordance
with section 18 of that Act
the person acting as the nominated manager is
taken to have been named as such in any licence
granted under this Act.
4. Saving for certificates of competency under
Workplace Health and Safety Act 1995
Where, immediately before the commencement
of section 104, a person held a certificate of
competency under the Workplace Health and
Safety Act 1995, he or she is taken to hold a
licence under this Act on the same terms and
conditions.
5. Saving for registration under Plumbers and Gas-
fitters Registration Act 1951
Where, immediately before the commencement
of section 104, a person was registered as a
plumber or gas-fitter under the Plumbers and
Gas-fitters Registration Act 1951, he or she is
taken to be a licence holder under this Act on the
same terms and conditions.
6. Winding-up of Board
(1) Notwithstanding the repeal effected by section
107, the Plumbers and Gas-fitters Registration
Board continues in existence but only for the
purpose of performing its functions under this
clause.
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sch. 5 No. Occupational Licensing 2005
(2) As soon as practicable after the commencement
of this Schedule and, in any case, within 12
months after that commencement, the Board
must
(a) prepare its final report and financial
statements under the Financial
Management and Audit Act 1990; and
(b) do any other act, matter or thing
necessary to wind itself up including,
without limitation, the power
(i) to realise its assets and discharge
its liabilities; and
(ii) to employ staff; and
(iii) to execute a contract, deed or
other document necessary for its
winding-up.
(3) Where the Minister is satisfied that the Board
has complied with this clause and that there has
been a satisfactory audit of the financial
statements referred to in subclause (2)(a), the
Minister may, by notice published in the
Gazette, declare that the Board is dissolved.
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2005 Occupational Licensing No. sch. 6
SCHEDULE 6 CONSEQUENTIAL AMENDMENTS
Section 106
Building Act 2000
1. Section 3(1) is amended by omitting the
definition of "plumber" and substituting the
following definition:
"plumber" means a person who holds a
licence under the Occupational Licensing
Act 2005 authorising him or her to carry
out any plumbing work that is prescribed
work within the meaning of that Act;
2. Section 12(2) is amended by omitting "Plumbers
and Gas-fitters Registration Act 1951" and
substituting "Occupational Licensing Act 2005".
3. Section 23(3) is amended as follows:
(a) by omitting paragraph (b) and
substituting the following paragraph:
(b) a person carrying out plumbing
work which is prescribed work
under the Occupational Licensing
Act 2005 and which requires a
building permit; or
(b) by omitting paragraph (d) and
substituting the following paragraph:
(d) a person carrying out electrical
work which is prescribed work
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sch. 6 No. Occupational Licensing 2005
under the Occupational Licensing
Act 2005 and which requires a
building permit; or
Electricity Industry Safety and Administration Act 1997
1. The long title is amended by omitting "to ensure
that electrical contractors and workers are
appropriately qualified and regulated,".
2. Section 3 is amended as follows:
(a) by omitting the definition of "Board";
(b) by omitting the definition of "electrical
contractor's business";
(c) by omitting the definitions of "electrical
work" and "electrical worker";
(d) by omitting the definitions of "holder"
and "licence".
3. Section 4 is repealed.
4. Section 6(2) is amended by omitting paragraph
(a).
5. Section 7 is repealed.
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2005 Occupational Licensing No. sch. 6
6. Section 8(1) is amended by omitting "or the
Electrical Licensing Board".
7. Section 12 is repealed.
8. Part 3 is repealed.
9. Section 90 is amended by omitting subsections
(1) and (2).
10. Section 96(1) is amended by omitting paragraph
(c).
11. Section 103(2) is amended by omitting
paragraphs (a) and (b).
12. Schedule 1 is repealed.
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sch. 7 No. Occupational Licensing 2005
SCHEDULE 7 ACT REPEALED
Section 107
Plumbers and Gas-fitters Registration Act 1951 (No. 74 of 1951)
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2005 Occupational Licensing No. sch. 8
SCHEDULE 8 STATUTORY RULE RESCINDED
Section 108
Plumbers and Gas-fitters Registration Regulations 2004 (No. 163
of 2004)
Government Printer, Tasmania 115