Occupational Licensing Act 2005

Occupational Licensing Act 2005

This Act may be cited as the Occupational Licensing Act 2005.

The provisions of this Act commence on a day or days to be proclaimed.

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 – the Administrator; or a person who is 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; building services licence means – a licence issued and in force in accordance with Division 3A of Part 4; or a licence held by a person by virtue of holding deemed registration; building services provider means a person who is the holder of a building services licence; building services work means any prescribed work that is – prescribed in the regulations as building services work; and not excluded from the application of this Act by the regulations; code of practice means a code of practice established under section 53; continuing professional development has a meaning given by section 4; contractor means the holder of a contractor's licence, or a person who is the holder of a contractor's licence by virtue of holding deemed registration, who – enters into a contract to carry out any prescribed work; or employs another person to carry out any prescribed work; or 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; contractor's licence means – a contractor's licence issued and in force in accordance with Division 2 of Part 4; or a licence held by a person by virtue of holding deemed registration; deemed registration means an entitlement to automatic deemed registration, within the meaning of the Mutual Recognition Act 1992 of the Commonwealth; defective work means – any work that does not comply with a code of practice; or any work where the materials, tools or equipment used are faulty or unsuitable for the purposes of the work; or any work that has been left in an incomplete and unsafe condition; or 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; document means any record of information, and includes – anything on which there is writing; and anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; and anything from which sounds, images or writings can be reproduced with or without the aid of anything else; and a map, plan, drawing or photograph – and a reference in this Act to a document includes a reference to – any part of the document; and any copy, reproduction or duplicate of the document or of any part of the document; and any part of such a copy, reproduction or duplicate; fit and proper, in the case of a contractor, practitioner, building services provider 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, building services provider or other person;Fund means the Occupational Licensing Administration Fund established under section 96; licence means – an authority granted and in force under this Act to carry out any prescribed work; or a document that evidences that authority; or any such authority or document continued in force under this Act; or an entitlement to carry out any prescribed work by virtue of holding deemed registration; or a document that evidences the holding of that entitlement to hold deemed registration; licensed entity means a body corporate, partnership or council that holds a building services licence in accordance with section 37C; licensed person, of a licensed entity, means – in the case of a body corporate that is a licensed entity, a director of the body corporate who holds a building services licence as an individual; or in the case of a partnership that is a licensed entity, a partner of the partnership who holds a building services licence as an individual; or in the case of a council that is a licensed entity, a person employed or engaged by the council who holds a building services licence as an individual;National Construction Code means the National Construction Code series published by the Australian Building Codes Board, as amended or substituted from time to time; nominated manager means a person who is named in a licence or a notice under section 26 as a nominated manager; owner– see section 3A; owner builder means a person who holds an owner builder permit; owner builder permit means a permit issued under Part 3A; practitioner means a person who is the holder of a licence, including a person who is the holder of licence by virtue of holding deemed registration, authorising him or her to carry out any prescribed work other than building services work; premises includes – land and a structure, building, caravan, vehicle or vessel, whether temporary or not and whether under construction or not; and a place, whether enclosed or built on or not and whether on, within, over or under land or water; and a part of premises, including premises referred to in paragraph (a) or (b); prescribed work means any work that is – usually carried out in the course of an occupation, trade or calling to which this Act applies; and determined by the regulations to be prescribed work; and not excluded from the application of this Act by the regulations; regulations means regulations made and in force under this Act; representation means an express or implied representation; standard means a standard issued by a standards authority; standards authority means Standards Australia International Limited, the British Standards Institution, the International Organization 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.

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 in accordance with the Australian Qualifications Framework within the meaning of the Training and Workforce Development Act 2013.

Unless the contrary intention appears, an expression used in this Act that is defined in the Building Act 2016 has the same meaning in this Act as in section 4 of the Building Act 2016.

A reference in this Act to the class of a building is a reference to that class as set out in the National Construction Code.

For the purposes of this Act, a person is an owner, in respect of any premises –

in the case of an owner as referred to in sections 22A and 29B, if the person is an owner within the meaning of section 4 of the Building Act 2016; or in any other case, if the person – is entitled to any interest in the premises; or has contracted to buy the premises; or 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; or has, or is entitled to have, the management or control of any premises.

For the purposes of this Act, a practitioner, or building services provider, is taken to demonstrate continuing professional development if he or she has undertaken and can show commitment to –

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 maintenance of his or her existing skills.

The objects of this Act are to ensure that –

all work carried out in the course of certain occupations, trades or callings is carried out by appropriately qualified and licensed persons; and all such work is carried out safely without injury or damage to any person, property or infrastructure; and all persons carrying out any such work acquire, maintain, further develop and apply their skills properly.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

This Act applies to the occupation, trade or calling that is performance of electrical work as described in Part 1 of Schedule 2.

This Act applies to the occupation, trade or calling that is performance of gas-fitting work as described in Part 2 of Schedule 2.

This Act applies to the occupation, trade or calling that is performance of plumbing work as described in Part 3 of Schedule 2.

This Act applies to the occupation, trade or calling that is performance of building services work as described in Part 4 of Schedule 2.

This Act applies to any occupation, trade or calling added to Schedule 2 by order under subsection (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 – public health or safety; or 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.

An order under subsection (2) – is to state the grounds on which it is made by reference to public health, safety, property or infrastructure; and 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 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 may provide that the provisions of any other Act that relates to the relevant occupation, trade or calling, or such provisions of that Act as are specified in the order, are to continue to have effect notwithstanding the provisions of this Act.

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.

The provisions of the Acts referred to in Schedule 3 continue to have effect notwithstanding the provisions of this Act.

Nothing in this Act affects the application of any other law relating to the mutual recognition of qualifications to perform any prescribed work.

This Act is in addition to, and does not derogate from, any other Act – relating to contractors, practitioners, building services providers and other persons engaged in any occupation, trade or calling to which this Act applies; or prescribing any requirements with which any prescribed work must comply.

This section is subject to the provisions of any order made under section 7(3)(c) or (d).

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.