ACT Construction Occupations

Transmittal Certificate

ACT Construction Occupations Transmittal Certificate 2016-17 [PDF 337KB]

Compliance Statement

The ACT Construction Occupations Registrar’s Annual Report must comply with the 2017 Annual Report Directions (the Directions). The Directions are found at the ACT Legislation Register: http://www.legislation.act.gov.au/ni/2017-280/notification.asp

The Compliance Statement indicates the subsections, under the five Parts of the Directions, that are applicable to the ACT Construction Occupations Registrar and the information that satisfies these requirements:

Part 1 Directions Overview

The requirements under Part 1 of the Directions relate to the purpose, timing and distribution, and records keeping of annual reports. The ACT Construction Occupations Registrar’s Annual Report complies with all subsections of Part 1 under the Directions.

In compliance with section 13 Feedback, Part 1 of the Directions, contact details for ACT Construction Occupations Registrar are provided within the ACT Construction Occupations Registrar’s Annual Report to provide readers with the opportunity to provide feedback.

Part 2 Agency Annual Report Requirements

The requirements within Part 2 of the Directions are mandatory for all directorates and public sector bodies and the ACT Construction Occupations Registrar’s Annual Report complies with all subsections. The information that satisfies the requirements of Part 2 is found in the ACT Construction Occupations Registrar’s Annual Report as follows:

  • Transmittal Certificate, see page 270;
  • Organisational Overview and Performance, inclusive of all subsections, see page 272;
  • Financial Management Reporting, inclusive of all subsections, is contained within the CMTEDD Annual report.

Part 3 Reporting by Exception

The ACT Construction Occupations Registrar has nil information to report by exception under Part 3 of the Directions for the 2016‐17 reporting period.

Part 4 Directorate and Public Sector Body Specific Annual Report Requirements

There are no specific annual report requirements for the ACT Construction Occupations Registrar.

Part 5 Whole of Government Annual Reporting

All subsections of Part 5 of the Directions apply to the ACT Construction Occupations Registrar. Consistent with the Directions, the information satisfying these requirements is reported in the one place for all ACT Public Service Directorates, as follows:

  • N. Community Engagement and Support, see the annual report of CMTEDD;
  • O. Justice and Community Safety, including all subsections O.1 – O.4, see the annual report of the Justice and Community Safety Directorate;
  • P. Public Sector Standards and Workforce Profile, including all subsections P.1 – P.3, see the annual State of the Service Report; and
  • Q. Territory Records, see the annual report of CMTEDD.

ACT Public Service Directorate annual reports are found at the following web address: http://www.cmd.act.gov.au/open_government/report/annual_reports

Construction Occupations (Licensing) Act 2004 (COLA)

This annual report has been prepared according to the Construction Occupations (Licensing) Act 2004 (s.112 Annual Report by Registrar) and the Construction Occupations (Licensing) Regulation 2004 (s.44 Information in report to Minister).

COLA Inspectorates

The Construction Occupations Registrar utilises three key inspectorates to audit activities within the construction industry – the Construction Audit team, the Electrical Inspectorate and the Plumbing/Gasfitting Inspectorate. The teams focus on compliance of each of the licensed occupations within the construction industry, and the auditing and inspection of the works of licensees, specifically around the safety aspects of compliance of their work and installations.

Responsibilities rely on effective carriage and operation under a range of construction industry laws including the Building and Construction Industry (Security of Payment) Act 2009, the Building Act 2004, the Construction Occupations (Licensing) Act 2004 (COLA), the Electricity Safety Act 1971, the Gas Safety Act 2000, the Planning and Development Act 2007, the Water and Sewerage Act 2000, and the Dangerous Substances Act 2004 and various regulations and instruments.

The Construction Audit team conducts audits and site inspections of the work of building certifiers, builders and building assessors, predominantly within the housing and residential apartment sectors.

The Electrical Inspectorate conducts mandatory inspections on all new electrical installations in relation to electrical safety compliance with the Electricity Safety Act 1971 and all associated Australian Standards.

The Plumbing and Gasfitting Inspectorate inspects plumbing, drainage and gasfitting work undertaken by licensed plumbers, drainers and gasfitters. The Inspectorate validates submissions for the installation of Type B gas appliances in domestic and commercial applications and also investigates complaints and undertakes disciplinary actions where necessary.

Construction Audit

The Construction Audit team is responsible for auditing the performance of licensed builders, building surveyors, building assessors and works assessors against the provisions of the COLA and the relevant operational laws including the Building Act 2004.

This is achieved by undertaking random and targeted audits of building work and associated documentation. The audits have two main purposes, firstly, to identify deficiencies in the operations of individual licensees, and secondly, to identify trends within industry. The results of audits provide an evidence base for the review of operational and strategic policy within the construction industry.

The team reports directly to the Construction Occupations Registrar, and works closely with other areas of the Construction, Environment and Workplace Protection Branch within Access Canberra, in progressing matters of non-conformance and providing input for future policy development.

The team also conducts audits on a range of residential energy ratings issued by licensed building assessors on new building work and on energy efficiency rating statements for sale and lease of residential premises. The Civil Law (Sale of Residential Property) Act 2003 and Residential Tenancies Act 1997 require that an energy efficiency rating statement be provided by owners of certain residential premises.

Performance

The following tables list the work undertaken by the Construction Audit team during 2016-17.

Table 1: Number of audits of residential building approval 1 July 2016 – 30 June 2017

Audit Type

Number

Number of new approved building work

4722

Audit physical site inspections BCA building class 1-10

270

Number of desktop audits BCA building class 1-10

62

Total building approval audits BCA building class 1-10

332

Table 2: Proportion of audits of residential building approval 1 July 2016 – 30 June 2017

Audit Type

Number

Building approval audits as a percentage of BCA building class 1-10

7.03%

Non conformances found BCA building class 1-10

134

Non conformances resolved BCA building class 1-10

130

Demerit points issued BCA building class 1-10

40

Table 3: Number of audits of Class 2 building approval 1 July 2016 – 30 June 2017

Audit Type

Number

Number of new approved building work (distinct sites)

87

Number of distinct class 2 sites audited

27

Audit physical site inspections BCA building class 2

73

Number of desktop audits BCA building class 2

12

Total building approval audits BCA building class 2

85

Table 4: Proportion of audits of Class 2-9 building approval 1 July 2016 – 30 June 2017

Audit Type

Number

Building approval (distinct sites) audits as a percentage of BCA building class 2

31.03%

Non conformances found BCA building class 2

35

Non conformances resolved BCA building class 2

35

Demerit points issued BCA building class 2

0

Table 5: Number of audits of residential energy ratings 1 July 2016 – 30 June 2017

Audit Type

Number

New approved building work building energy rating submissions for Class 1, 2 and 4 occupancies

4,045

Total building approval energy rating audits

222

Sale or lease of premises EER Ratings registered

7,162

Audit by physical inspection

10

Total sale of premises energy rating audits

384

Total audits of residential energy ratings 1 July 2016 – 30 June 2017

606

Table 6: Proportion of audits of residential energy ratings 1 July 2016 – 30 June 2017

Audit Type

Number

New house/apartment energy rating audits as a percentage of BCA building class 1, and sole occupancy units in class 2 and 4 building approval submissions

5.50%

Sale or lease of premises audits as a percentage of energy efficiency rating statements submitted

5.36%

Non conformances found for all residential energy ratings

1,264

Demerit Points issued

3

Notes:

  1. Audits involve a comparison of the energy efficiency rating against approved building plans and submitted documentation.
  2. Audits involved a comparison of the energy efficiency rating statement against available building information.
  3. A single dwelling approval may contain multiple dwellings.
  4. class of a building means the classification of the building under the building classifications under the Building Code of Australia (BCA), which in summary are as follows.
  5. class 1 means one or more buildings not located above or below another dwelling or another class of building other than a private garage.
  6. class 2 means a building containing two or more sole-occupancy units each being a separate dwelling.
  7. class 3 means a residential building, other than a building of class 1 or 2, which is a common place of long term or transient living for a number of unrelated persons.
  8. class 4 means a dwelling in a building that is class 5, 6, 7, 8 or 9 if it is the only dwelling in the building.
  9. class 5 means an office building used for professional or commercial purposes, excluding buildings of class 6, 7, 8 or 9.
  10. class 6 means a shop or other building for the sale of goods by retail or the supply of services direct to the public.
  11. class 7 means a building which is a carpark, storage, or display of goods or produce for sale by wholesale.
  12. class 8 means a laboratory or a building in which a handicraft or process for the production, assembling, altering, repairing, packing, finishing, or cleaning of goods or produce is carried on for trade, sale, or gain.
  13. class 9 means a building of a public nature.
  14. class 10 means a non-habitable building or structure.

Electrical Inspectorate

The Electrical Inspectorate team inspects electrical wiring work undertaken by licensed electricians, assists other investigation branches of Access Canberra and other Government agencies with investigations of electrical complaints and incidents, and where necessary, imposes disciplinary actions or sanctions against licence holders. The team also investigates electric shock incidents and monitors product safety.

During 2016-17 the Electrical Inspectorate:

  • received 25,015 Certificates of Electrical Safety lodgements;
  • undertook 8,852 inspections of new electrical work; and
  • conducted 9,673 inspections on a random basis of alterations and additions to existing electrical installations.

The Electrical team continues to work closely with Environment, Planning and Sustainable Development Directorate in assisting with their delivery of energy efficiency programs and with the installation of battery backup systems to existing and new renewal energy systems.

In the 2016-17 financial year, 30 apprentices were hosted by the electrical inspectors for varying periods between 1 to 5 days, to assist the apprentices with preparations for their final exam and to expose them to the electrical testing work the inspectors perform. The inspection team also hosted three Canberra Institute of Technology (CIT) trainers, to assist the CIT with their professional development plans. This is a new program for 2017, with the view to host all CIT electrical trainers in the coming years.

Plumbing and Gasfitting Inspectorate

The Plumbing and Gasfitting Inspectorate inspects plumbing, drainage and gasfitting work undertaken by licensed plumbers, drainers and gasfitters. The team also investigates complaints and undertakes disciplinary action where necessary.

The Inspectorate validates submissions for the installation of Type B gas appliances in domestic and commercial applications. Type B gas appliances are described as gas appliances with gas consumption over 10 megajoules per hour for which a certification scheme does not exist.

During 2016-17 the Plumbing and Gasfitting Inspectorate:

  • inspected 13,557 plumbing installations and 2,813 gas installations, which was an increase of 3,529 plumbing installations and a decrease of 1,500 gas installations on the previous financial year;
  • validated 74 Type B gas validations, which was an increase of 12 validations on the previous year;
  • the Inspectorates management has been proactive in working with CIT on a successful validation of assessment project; and
  • management also attended several meetings of the Master Plumbers Association to keep industry informed of any regulatory changes.

National Forums

The Inspectorates support the Deputy Director-General, Access Canberra, Director, Construction and Workplace Protection and the Construction Occupations Registrar in various national forums.

The branch is engaged in reforms initiated by the National Construction Code and the work of the National Strategy on Energy Efficiency as it relates to building, construction and regulated equipment. Officers from the branch provide valuable input to national standards and policy reforms.

The level of activity and call for officers to participate in national discussions continues to be high, particularly for any national licensing reforms and safety and environmental standards. Officers represent the ACT and its interests in the following national forums:

  • National Plumbing Regulators Forum;
  • National Building Code Committee;
  • Plumbing Code Committee;
  • Electrical Regulatory Authorities Council;
  • Builders Licensing Australasia;
  • Australasian Building Certifiers Forum;
  • Gas Technical Regulators Committee;
  • Energy Supply Industry Safety Committee;
  • Australian Standards Committees; and
  • Industry Skills Councils.

Licensing

Access Canberra is responsible for assessing licence applications under COLA. There were 2,384 decisions made on new applications for a construction occupations licence in 2016-17.

In February 2017 the licensing team commenced issuing licence renewal reminders via SMS and e‑mail. The licensing team send between 500 and 700 SMS/e-mails per month to construction licence holders. The notification to licensees includes a link to Access Canberra’s online renewal form. This was an important step in furthering the area of digital services for licence holders.

New Builder Licensing

New builder licence applicants, excluding owner builder licence applicants, applying direct to the ACT (not under the Mutual Recognition Act) accounted for 150 of the total decisions made on licence applications. Only 57 per cent of the decisions made resulted in applicants being granted the licence they applied for.

In November 2016 the licensing team started offering pre-application meetings for individuals wishing to obtain a builders licence; 51 people have taken up this offer. The pre-application meetings offer individuals a chance to talk one-on-one with a licensing officer to get clarity about eligibility requirements for a licence.

Complaints

COLA Complaints

During 2016-17, Access Canberra received approximately 166 formal complaints relating to building and construction under the COLA. Some complaints related to multiple licensees under various occupations pertaining to individual building sites.

The types of complaints received against specific occupations include:

  • Builders
    • non-compliance with the National Construction Code;
    • non-compliance with approved plans;
    • no approved plans;
    • no development approval; and
    • building quality - defective work.
  • Building Surveyors
    • breach of planning laws;
    • unlawful building approval;
    • breach of building code;
    • refusal to lodge papers for certificate of occupancy and use; and
    • improper association with builders.
  • Electricians
    • poorly installed electrical installations;
    • faulty wiring; and
    • electrical complaints in general.
  • Plumbers
    • Non-compliant works relate to sewerage, drainage, water plumbing, rainwater installations and grey water installations.

Since the establishment of Access Canberra, the compliance approach has been to avoid protracted, complex and costly litigation where possible and instead, assist owners and builders to reach agreement on defective and non-compliant building works. The rectification process under Part 4 of the COLA will be considered in certain cases and if collaboration fails. Opportunities have been taken to better educate complainants on the legal process and alternative methods for resolving complex building rectifications.

In 2016-17, Access Canberra has not referred any complaint to ACAT or issued a Rectification Order.

Disciplinary Actions

Below are the details about occupational discipline under the COLA during 2016-17.

Table 7: Occupational discipline under the COLA during 2016-17

Name of licensee/ former licensee and occupation

Type of contravention

Disciplinary action taken

Result of any review of the decision to take disciplinary action

John Bates (building certifier)

Section 29 of the Building Act 2004 – certifier could not be satisfied that the building would comply with Building Act 2004

Appeal by Registrar to Court of Appeal

The decision analyses the legislative scheme in relation to the appointment of certifiers (s.19/19A) as well as requirements for building approval (s.26, 28, 28A) and when building approval is not to be issued (s.30) under the Building Act 2004.

The Court of Appeal found that both the Supreme Court and ACAT erred in their analysis of the case and decided to remit the case to ACAT to be determined according to law.

Rodney Ian Thomas (Gas Appliance Worker)

Various breaches under the Gas Safety Act 2001 and the Gas Safety (Appliance Worker Accreditation Code) Approval 2007

On 23 January 2017 the Registrar made a reprimand under s.56(1)(b) of the Construction Occupations (Licencing) Act 2004

No review.

Advisory Boards

Under Part 10 of the Construction Occupations (Licensing) Act 2004, the registrar must establish an advisory board for a construction occupation.

Three Boards are established, the Building Advisory Board, the Electrical Advisory Board and the Plumbing Advisory Board. They have the following functions:

  • to provide advice about qualifications for the construction occupation if asked by the Minister;
  • to help with investigations for the construction occupation if asked by the registrar; and
  • to help develop and maintain information about emerging issues in the construction industry related to the construction occupation if asked by the registrar.

Building Advisory Board

The COLA Building Advisory Board did not meet during 2016-17. However the board convened by email to review the changes to the mandatory qualifications to introduce the Class C Builder licence examination.

Table 8: Members of the Building Advisory Board

Name

Member

Vince Ball

Member from the education sector

Neil Evans

Member representing industry

Jerry Howard / Jason Grieves

Member who is a licensee

Ivan Juric

Member who is a licensee

Glenn Chambers

Member who is a licensee

Gill Fergie

Community representative

Tony Thew

Lawyer

Electrical Advisory Board

The COLA Electrical Advisory Board did not meet during 2016-17.

Table 9: Members of the Electrical Advisory Board

Name

Member

Tony Thew

Community representative and lawyer

Paul Wright

Member from the education sector

Robert Donnelly

Member representing industry and member who is a licensee

Paul Hincksman

Member who is a licensee

Robert Taylor

Member representing industry

Mick Koppie

Member representing industry

Celia Balfour

Member who is a licensee

Darrell Hills

Member who is a licensee

Plumbing Advisory Board

The COLA Plumbing Advisory Board did not meet during 2016-17.

Table 10: Members of the Plumbing Advisory Board

Name

Member

Tony Thew

Community representative and lawyer

Adrian Clarke

Member from the education sector

Peter O’Halloran

Member who is a licensee

Gerard Sloan

Member who is a licensee

John Stephens

Member representing industry and member who is a licensee

Matt McCain

Member representing industry

Further information may be obtained from:

Mr David Middlemiss
Deputy Director
Construction Environment and Workplace Protection, Access Canberra
+61 2 6207 7397
david.middlemiss@act.gov.au

Mr Ben Green
Deputy Director
Licensing and Registrations, Access Canberra
+61 2 6207 7387
ben.green@act.gov.au