Building Services (Registration) Act 2011 (WA)

Western Australia Building Services (Registration) Act 2011 Western Australia Building Services (Registration) Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 Part 2 — Prohibitions in relation to unregistered persons Division 1 — Use of titles and representations as to registration 4. Restriction on use of titles 5 5. Claims as to registration 5 6. Advertising entitlement to carry out prescribed building service when not registered 5 Division 2 — Prohibitions in respect of carrying out prescribed building service 7. Carrying out prescribed building service when not registered 6 Division 3 — Advertisements by building service contractors 8. Advertisements by building service contractor 8 Part 3 — Registration of building service providers Division 1 — Grant or renewal of registration 9. Classes of building service practitioner and building service contractor 9 10. Effect of registration as building service practitioner 9 11. Effect of registration as building service contractor 9 12. Duration of registration 9 13. Application for registration or renewal 10 14. Further information 11 15. Timing of application for renewal 11 16. Application for registration by a person whose registration has been cancelled 12 17. Registration of building service practitioners 13 18. Registration of building service contractors 13 19. Notice of decision 14 20. Registration certificate 14 Division 2 — Nominated supervisors 21. Nominated supervisor for building service contractor 15 22. Effect of not having nominated supervisor 15 Division 3 — Conditions on registration 23. Conditions generally 16 24. Conditions imposed by Board 16 25. Compliance with conditions 17 Division 4 — Amendment, suspension or cancellation of registration 26. When Board may amend, suspend or cancel registration 17 27. Suspension of registration: effect 18 28. Revocation of suspension 18 Division 5 — Register 29. The register 19 30. Inspection of register 20 31. Board to provide register information 21 Division 6 — Offences in relation to registration 32. Notification of change of address 21 32A. Notification of new directors 21 33. Notification of change in eligibility 22 34. Notification of financial difficulty 22 35. Notification of certain offences 22 36. Notification of disciplinary action 23 37. Return of registration certificate 23 Part 4 — Owner‑builder approvals Division 1 — Preliminary 38. Terms used 25 39. Meaning of owner 25 40. When owner‑builder approval may be applied for 25 41. Application by more than one person 26 42. Approval issued to more than one person 26 Division 2 — Grant of approval 43. Application for owner‑builder approval 26 44. Further information 27 45. Decision on application for approval 28 46. Duration of approval 29 Division 3 — Conditions on approval 47. Conditions of owner‑builder approval 29 48. Conditions imposed by Board 29 49. Compliance with conditions 30 Division 4 — Role of Board in respect of complaint about owner‑builder 50. Grounds for cancellation of approval 30 51. Board to decide what action to take in respect of complaint forwarded by Building Commission 30 Part 5 — Disciplinary matters — registered building service providers Division 1 — Preliminary 52. Application of Part 32 53. Disciplinary matters 32 54. Relationship with other legislation 37 Division 2 — Interim disciplinary orders 55. Interim disciplinary orders 37 Division 3 — Role of Board 56. Board to decide what action to take in respect of complaint forwarded by Building Commissioner 38 57. Board may deal with certain complaints 39 Division 4 — Proceedings in State Administrative Tribunal 58. Jurisdiction of State Administrative Tribunal 40 59. Disciplinary action against nominated supervisor or officer of building service contractor 42 60. Declaration of ineligible person 43 61. State Administrative Tribunal to provide information to Building Commissioner 43 62. Board may notify certain persons if registration suspended or cancelled 43 63. Other remedies not affected 44 Part 5A — Insolvency of building service contractors 63A. Terms used 45 63B. Excluded contractors not to be registered 47 63C. Declaration of excluded contractors 47 63D. When individual or non‑corporate body may be declared excluded contractor 48 63E. When corporation may be declared excluded contractor 49 63F. Procedure for declaring excluded contractor 50 63G. When declaration of excluded contractor takes effect 52 Part 6 — Review 64. Review by State Administrative Tribunal of certain decisions 53 Part 7 — Building Services Board Division 1 — Establishment 65. Board established 54 66. Status 54 67. Membership of Board 54 68. Remuneration and allowances 54 Division 2 — Functions and powers 69. Functions 55 70. Powers 55 71. Delegation by Board 55 Division 3 — Staff and services 72. Staff and services 56 Division 4 — Relationship of Board with Minister 73. Directions by Minister 56 74. Minister to have access to information 57 Division 5 — Constitution and proceedings of the Board Subdivision 1 — General provisions 75. Term of office 58 76. Casual vacancies 58 77. Deputy chairperson acting as chairperson 59 78. Alternate members 59 79. Holding meetings 60 80. Quorum 60 81. Presiding at meetings 60 82. Procedure at meetings 60 83. Voting 60 84. Inviting consultant to participate in meeting 61 85. Holding meetings remotely 61 86. Resolution without meeting 61 87. Minutes 61 88. Committees 61 Subdivision 2 — Disclosure of interests 89. Disclosure of interest 62 90. Voting by interested Board member 63 91. Section 90 may be declared inapplicable 63 92. Quorum where section 90 applies 63 93. Minister may declare sections 90 and 92 inapplicable 64 Division 6 — General 94. Information to be provided to Building Commissioner annually 64 95. Moneys to be credited to Building Services Account 64 96. Execution of documents by the Board 65 Part 8 — General provisions 97. Liability of officers for offence by body corporate 66 98. Protection from liability 66 99. False or misleading information 67 100. Confidentiality of information 67 101. When a prosecution can be commenced 68 102. Prosecutions 68 103. Evidentiary matters 68 104. Regulations 70 105. Review of Act 70 Part 9 — Repeal, savings, transitional and other provisions Division 1 — General 106. Interpretation Act 1984 not affected 72 Division 2 — Repeal 107. Builders' Registration Act 1939 repealed 72 108. Painters' Registration Act 1961 repealed 72 109. Builders' Registration Regulations repealed 72 110. Painters' Registration (Infringement Notices) Regulations 2006 repealed 72 111. Painters' Registration Board Rules 1962 repealed 72 112. Local Government (Building Surveyors) Regulations 2008 repealed 72 Division 3 — Savings and transitional matters Subdivision 1 — Builders 113. Terms used 73 114. Registration continues 73 115. Existing applications for registration 74 116. Allegations of cause for disciplinary action made by former Board 75 117. Disciplinary action: persons registered under repealed Act 75 118. Devolution of assets and liabilities of former board 75 119. Members of former board 76 120. Staff of former board 76 121. Reporting in respect of former board 77 122. Completion of things commenced 77 123. Continuing effect of things done 78 124. Agreements and instruments generally 78 Subdivision 2 — Painters 125. Terms used 79 126. Painting commenced before commencement day 79 127. Registration continues 79 128. Existing applications for registration 80 129. Allegations of cause for disciplinary action made by former board 81 130. Disciplinary action: persons registered under repealed Act 81 131. Devolution of assets and liabilities of former board 81 132. Members of former board 82 133. Staff of former board 82 134. Reporting in respect of former board 83 135. Completion of things commenced 83 136. Continuing effect of things done 83 137. Agreements and instruments generally 84 Subdivision 3 — Building Surveyors 138. Terms used 84 139. Registration of certificate holders 85 140. Existing applications for certificate 85 141. Members of former committee 85 142. Records of former committee 85 143. Agreements and instruments generally 86 Subdivision 4 — General provisions 144. Registration of documents 86 145. Exemption from State tax 87 146. Transitional regulations 87 Part 10 — Consequential amendments Division 1 — Home Building Contracts Act 1991 amended 147. Home Building Contracts Act 1991 amended 89 148. Section 3 amended 89 149. Section 25A amended 89 150. Section 25B amended 91 151. Section 25F amended 92 152. Section 25FA amended 92 153. Section 25G amended 93 154. Section 31B amended 93 Division 2 — Other Acts amended 155. Constitution Acts Amendment Act 1899 amended 94 156. Local Government (Miscellaneous Provisions) Act 1960 amended 94 374AAA. Local governments not to issue building licences in certain circumstances 94 157. Sentencing Act 1995 amended 95 158. State Administrative Tribunal Act 2004 amended 96 159. Travel Agents Act 1985 amended 96 Notes Compilation table 97 Defined terms Western Australia Building Services (Registration) Act 2011 An Act to provide for the following — * the registration of certain building service providers; * the approval of owner‑builders; * the repeal of the Builders' Registration Act 1939, the Painters' Registration Act 1961 and various regulations; * related matters.