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Legislative Assembly for the ACT: 2003 Week 7 Hansard (24 June) . . Page.. 2296 ..


MR CORBELL

(continuing):

builders and building certifiers. In addition to advice on qualifications for a construction occupation, the advisory boards will also assist the registrar in disciplinary proceedings and inquiries, and preparing codes of practice for the occupations for which they are responsible.

Mr Speaker, the bill creates a statutory position of Construction Occupations Registrar responsible for administering the Licensing Act and operational legislation. This includes assessing applications for new and renewed licences against prescribed criteria and administering the disciplinary processes with assistance, as necessary, from the relevant advisory board. The registrar is able to appoint deputy registrars for each occupation.

Perhaps the most significant reform contained within this legislative package is the creation of more flexible and effective forms of disciplinary action against delinquent licence holders. This includes a new demerit points system for licensees, and the capacity to issue infringement notices under the Magistrates Court Act 1930 against unlicensed persons who do work requiring a licence.

The demerit points system will ensure that licensed persons are held accountable for the work that they undertake by providing an effective sanction against persistent breaches, particularly where that work is not in accordance with approved standards. The infringement notice system will enable "on-the-spot"fines to be administered, where unlicensed persons are found to be doing work requiring a licence or where a licensed person is undertaking work not allowed under their licence.

Mr Speaker, the occupational licensing legislation also provides for new measurers to improve consumer protection. A new "disclosure of insurance"provision will require a licensed construction practitioner to disclose their level of insurance prior to undertaking any work for a consumer. The advantage of this approach is that the government legislation is not compromised by changes to the insurance products offered by the insurance industry.

Licensees will also be required to include their name and licence number in any advertisement for the provision of a construction service. A formal complaints procedure has also been included, which provides a transparent and equitable approach to dealing with complaints about licensees.

Mr Speaker, the legislative reforms will ultimately include the repeal of the current licensing provisions in the Building Act 1972 and the Electrical Safety Act 1971, with the other provisions remaining, including those setting standards and approval processes for the work. The Plumbers, Drainers and Gasfitters Board Act 1982 deals only with occupational licensing, and will be repealed entirely. Standards for the work are already separate from the licensing requirements and appear in the Water Sewerage Act 2000 and the Gas Safety Act 2000. The Construction Practitioners Registration Act 1998 will also be repealed with necessary provisions being transferred to the Building Act.

It is important that the general public and those currently licensed within the building trades have an opportunity to consider this package of reforms. There will be a six-week public consultation period from 1 July to 11 August 2003. During this period a


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