Building and Development Certifiers Act 2018 (NSW)

Building and Development Certifiers Act 2018 No 63

An Act to provide for the registration of persons carrying out certification work and the accreditation of persons carrying out other regulated work; to repeal the Building Professionals Act 2005 and other legislation; to amend other Acts and instruments consequentially; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Building and Development Certifiers Act 2018.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to provide for the registration of persons to carry out certification work and the accreditation of persons to carry out other regulated work, (b) to recognise that certification work is an important public function with potential impacts on public health, safety and amenity and to ensure that it is carried out impartially, ethically and in the public interest, (c) to provide for the approval of certain bodies corporate as accreditation authorities to exercise accreditation functions under this Act, (d) to ensure appropriate scrutiny and review of actions taken by persons exercising functions under this Act and the certification legislation, (e) to provide a framework to permit the continuous improvement of the carrying out of certification work.

4 Definitions (1) In this Act— accreditation authority—see section 56. accreditation authority approval guidelines means the guidelines adopted under section 61. accreditation scheme of an accreditation authority—see section 63 (2). certificate of registration means a certificate of registration issued under section 6. certification legislation means the following Acts or provisions of Acts and the regulations under those Acts or provisions— (a) this Act, (b) the Environmental Planning and Assessment Act 1979, (c) Part 4 of the Strata Schemes Development Act 2015, (d) Division 5 of Part 2 of the Swimming Pools Act 1992, (e) an Act, or provision of an Act, prescribed by the regulations. certification work means the following— (a) the exercise of a function of a certifier (including a principal certifier) specified in section 6.5 of the Environmental Planning and Assessment Act 1979, (b) the determination of an application for a strata certificate within the meaning of the Strata Schemes Development Act 2015, (c) the inspection of swimming pools under Division 5 of Part 2 of the Swimming Pools Act 1992 and the issuing of certificates of compliance and notices under that Division, (d) the exercise of any other function of a registered certifier under the certification legislation or under another Act or law, (e) any other work of a kind prescribed by the regulations, but does not include work of a kind that is excluded from this definition by the regulations. class of accreditation means a class of accreditation prescribed under section 54 (5). class of registration means a class of registration prescribed under section 6 (4). close associate has the same meaning as it has in the Home Building Act 1989. Department means the department in which this Act is administered. equivalent authorisation means a licence, certificate, accreditation, registration or other authorisation or qualification that is issued or conferred under the laws of another jurisdiction and that authorises the holder to carry out work that is similar to certification work. function includes a power, authority or duty, and exercise a function includes perform a duty. functions of an accreditation authority—see section 57. grant registration, approval or accreditation includes grant a renewal or restoration of registration, approval or accreditation. register means the register maintained by the Secretary under section 102. registered body corporate means a body corporate that is a registered certifier. registered certifier means a person who is registered under this Act and whose registration is in force. registered director means a registered individual who is a director of a registered body corporate. registered individual means an individual who is a registered certifier. registration means registration granted under this Act and in force. regulated work—see section 52. regulating accreditation authority—see section 56. relevant offence means the following offences (whether committed in this or another Australian jurisdiction)— (a) an offence against the certification legislation, (b) an offence with respect to the carrying out of certification work or work authorised to be carried out under an equivalent authorisation, (c) an offence with respect to a failure to comply with a condition of registration or an equivalent authorisation, (d) an offence involving fraud or dishonesty, (e) an offence or class of offences prescribed by the regulations. Secretary means the Secretary of the Department. Tribunal means the Civil and Administrative Tribunal.