Page 4807 - Week 13 - Thursday, 28 November 2019
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automatic suspension and the matter is not resolved, an automatic suspension lasts for three months after the registrar becomes aware of the ground. If a licence renewal decision cannot be made in this time, the registrar would need to make an application to the ACAT for an occupational discipline order to continue a suspension or cancel that licence.
The bill will allow the registrar to cancel a licence where, after three months, the grounds for the suspension still exist. The registrar is not required to cancel the licence but may do so if the registrar considers it appropriate in the circumstances. To preserve procedural fairness, the decision to cancel a licence is reviewable.
The bill provides for further work in response to the ACT and national review of security of payment laws. It does this by giving the minister the power to determine other information that must be reported should additional information be reasonably required for purposes that relate to the operation of the security of payment act. This responds particularly to recommendation 77, which relates to the regulator being given sufficient information to monitor and evaluate the security of payment scheme.
The bill also includes provisions to make access to building plans for owners corporations simpler. Again this is something that has been asked for. These provisions are in response to administrative problems with releasing building plans to owners corporations and support timely action on building maintenance and other building matters for those corporations. This amendment helps to facilitate the effective functioning of those.
Amendments to the Building Act clarify that unless work is exempt, owners must appoint a building certifier. They also clarify that if a building approval is required for building work, the work cannot be undertaken without approved plans, and must be undertaken in accordance with approved plans.
There are also changes around the eligibility and application requirements for construction occupation licensing. Regulations may prescribe when an entity is eligible to hold a licence, including the qualifications that the entity must have. The term “qualification” has broad meaning, which includes a quality or accomplishment or a required circumstance. It does not refer only to academic qualifications.
Practical assessments are a feature of both builder and building surveyor licence eligibility requirements, and are required not only as a method of assessment but as an eligibility requirement. These amendments will help to avoid confusion in relation to the scope of things that may be considered as a qualification for the purposes of eligibility.
Further amendments to the Architects Act are practical amendments that will help the Architects Board in the exercise of its function. The bill expands the existing delegation powers for the Architects Board and provides for members’ attendance at meetings of the board otherwise than in person. This will allow the board to modernise and take advantage of technologies that are widely used across the business sector.
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