Construction Occupations (Licensing) Act 2004

A corporation or partnership is eligible to be licensed only if it complies with subsection (2) or (3).

The corporation or partnership complies with this subsection if—

it has a single nominee appointed by it; and

the nominee is responsible for the supervision of the construction services provided by it; and

the nominee can, at all times, adequately supervise the construction services provided by it; and

the corporation or partnership has a written record of policies and procedures for effectively managing and supervising the nominee and the corporation’s or partnership’s obligations under the licence, including arrangements for communicating regularly with the nominee in relation to the construction services provided by the corporation or partnership.

The corporation or partnership complies with this subsection if—

it has 2 or more nominees appointed by it; and

each nominee is responsible for the supervision of particular construction services provided by it; and

there is a written record of the construction services each nominee is responsible for supervising; and

between them, the nominees are responsible for the adequate supervision of all the construction services to be provided by the corporation or partnership; and

between them, the nominees can, at all times, adequately supervise all the construction services to be provided by the corporation or partnership; and

the corporation or partnership has a written record of policies and procedures for effectively managing and supervising each nominee and the corporation’s or partnership’s obligations under the licence, including arrangements for communicating regularly with each nominee in relation to the construction services provided by the corporation or partnership.

The failure of a corporation or partnership to have the policies and procedures mentioned in subsection (2) (d) or (3) (f) is not a reasonable excuse to prevent the taking of any of the following actions in relation to the licensee or construction services carried out under the licence:

the making of a rectification order;

the taking of occupational discipline;

the imposition of a condition on the licence under section 21 (Licence conditions);

the recording of demerit points under section 91;

the taking of any other action under this Act or an operational Act.