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This Act may be cited as the Plumbers Licensing Act 1995.
[Section 1 amended: No. 67 of 2003 Sch. 2 cl. 90; No. 25 of 2012 s. 193.]
This Act comes into operation on the day on which Part 2 of the Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 comes into operation, that is, on the day fixed by proclamation made under section 2(2) of that Act.
In this Act, unless the contrary intention appears —
Board means the Plumbers Licensing Board established by section 59;
department means the department of the Public Service principally assisting the Minister in the administration of this Act;
plumber means a person who carries out plumbing work as defined in section 59I.
[Section 3 amended: No. 39 of 1999 s. 5; No. 67 of 2003 Sch. 2 cl. 91; No. 25 of 2005 s. 64; No. 25 of 2012 s. 194.]
[Part 2: s. 4 deleted: No. 25 of 2012 s. 195;
s. 5‑9 deleted: No. 67 of 2003 Sch. 2 cl. 92.]
[Part 3: s. 10‑42, 44‑46M deleted: No. 25 of 2012 s. 195;
s. 43 deleted: No. 67 of 2003 Sch. 2 cl. 103.]
[Part 4 (s. 47‑55) deleted: No. 25 of 2012 s. 195.]
[Part 5 (s. 56‑58) deleted: No. 67 of 2003 Sch. 2 cl. 107.]
[Heading inserted: No. 39 of 1999 s. 7.]
[Heading inserted: No. 39 of 1999 s. 7.]
A board called the Plumbers Licensing Board is established.
[Section 59 inserted: No. 39 of 1999 s. 7.]
The Board consists of not more than 9 members appointed by the Minister in accordance with the regulations.
[Section 59A inserted: No. 39 of 1999 s. 7.]
The functions of the Board are —
to monitor matters relating to the qualification and training of plumbers, and to provide advice on those matters to the Minister and, with the approval of the Minister, to any other person or body concerned with those matters; and
to advise the Minister on matters relating to the licensing and regulation of plumbers; and
to administer any licensing scheme provided for by the regulations; and
to perform licensing, disciplinary and other functions given to it by the regulations.
It is also a function of the Board to do things that it is authorised to do by any other written law.
[Section 59B inserted: No. 39 of 1999 s. 7; amended: No. 67 of 2003 Sch. 2 cl. 108.]
The Board has all the powers it needs to perform its functions under this Act or any other written law.
[Section 59C inserted: No. 39 of 1999 s. 7.]
The Board may, by instrument, delegate the performance of any of its functions, except this power of delegation and any disciplinary power conferred by the regulations or another written law.
A delegation under subsection (1) may be made to —
a member of the Board; or
any committee established under the regulations; or
with the approval of the Minister, any other person.
A function performed by a delegate is to be taken to be performed by the Board.
A delegate performing a function under this section is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown.
[Section 59D inserted: No. 39 of 1999 s. 7.]
Subject to subsection (2), the Minister may give directions in writing to the Board with respect to the performance of its functions, either generally or in relation to a particular matter, and the Board is to give effect to any such direction.
The Minister must not under subsection (1) direct the Board with respect to the performance of its licensing or disciplinary functions, whether under this Act or any other written law, in respect of —
a particular person; or
a particular application, complaint or proceeding.
The Minister must, within 14 days after a direction is given under subsection (1), cause a copy of it to be laid before each House of Parliament or dealt with in accordance with subsection (4).
If —
at the commencement of the period referred to in subsection (3) a House of Parliament is not sitting; and
the Minister is of the opinion that that House will not sit during that period,
the Minister is to transmit a copy of the direction to the Clerk of that House.
A copy of a direction transmitted to the Clerk of a House is taken to have been laid before that House.
The laying of a copy of a direction that is taken to have occurred under subsection (5) is to be recorded in the Minutes, or Votes and Proceedings, of the House on the first sitting day of the House after the receipt of the copy by the Clerk.
The text of a direction given under subsection (1) is to be included in the annual report submitted by the accountable authority of the department under Part 5 of the Financial Management Act 2006.
[Section 59E inserted: No. 39 of 1999 s. 7; amended: No. 5 of 2005 s. 46; No. 77 of 2006 Sch. 1 cl. 178(1); No. 8 of 2009 s. 133(4) and (5).]
The Minister is entitled —
to have information in the possession of the Board; and
if the information is in or on a document, to have, and make and retain copies of, that document.
For the purposes of subsection (1) the Minister may —
request the Board to furnish information to the Minister; and
request the Board to give the Minister access to information; and
for the purposes of paragraph (b) make use of the staff of the Board to obtain the information and furnish it to the Minister.
The Board is to —
comply with a request under subsection (2); and
make its staff and facilities available to the Minister for the purposes of subsection (2)(c).
The Minister is not entitled to have information under this section in a form that —
discloses the identity of a person involved in a complaint; or
might enable the identity of any such person to be ascertained,
unless that person has consented to the disclosure.
In this section —
document includes any tape, disc or other device or medium on which information is recorded or stored mechanically, photographically, electronically or otherwise;
information means information specified, or of a description specified, by the Minister that relates to the functions of the Board;
staff means any person whose services are the subject of an arrangement under section 59G(1).
[Section 59F inserted: No. 39 of 1999 s. 7.]
59G. Use by Board of government staff etc.
The Board may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —
in the Public Service; or
in a State agency or instrumentality.
The Board may by arrangement with —
a department of the Public Service; or
a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
An arrangement under subsection (1) or (2) is to be on the terms agreed to by the parties.
[Section 59G inserted: No. 39 of 1999 s. 7.]