Occupational Regulation Provisions
Broadly, the legislation introduces consistent regimes for workers in the electricity and gas sectors based on the registration of workers, competency-based licensing, updated procedures for addressing complaints against workers and updated enforcement provisions.
The Electrical Workers Registration Board and the Plumbers, Gasfitters and Drainlayers Board will play a critical role in the successful implementation of this legislation. They have been delegated the responsibility for the registration and licensing of their workers.
The legislation includes a number of checks and balances to ensure these responsibilities are properly discharged. For example, the Boards must act in accordance with clear principles guiding registration and licensing. Other accountability mechanisms are outlined below.
Registration and licensing regime – The registration and licensing regime will be more flexible to allow for specialist registration categories and for competencies to be specified for the particular work authorised under each registration category.
Competency-based licensing – Another important feature of the legislation is to provide for competency-based licensing. This will ensure that before a worker is issued with a new licence, his or her competence is up-to-date, for example, in relation to the use of new equipment and changes in standards and regulations.
Exemptions from the licensing regime – Most exemptions from the licensing regime for doing prescribed electrical work continue, but the electrical exemptions for registered persons not working for payment or reward, and for "qualified engineers" are not carried forward. There is however a more general provision for the Boards to grant exemptions.
Employer licences – Employer licences will continue in the electricity and gas industries. These licences have been used for over 10 years and are an alternative to individual worker licences, but they still require the same high level of competency of workers.
Complaints against registered workers – The arrangement for assessing complaints against registered workers, particularly electrical workers, has been substantially changed, with the role of electrical complaints assessment committees being replaced by the appointment of one or more investigators. For both sectors, investigators will investigate complaints and, if considered warranted, prosecute the case before the relevant Board. Frivolous or vexatious do not, however, have to be investigated.
Accountability of the Boards and Clarity of Roles
The legislation provides greater guidance to the Boards on their roles and on procedures to be followed, and establishes increased accountability of the Boards to the relevant Minister.
There is also greater clarity about the respective roles of the relevant Industry Training Organisation and the Board.
Specifically, the Acts require the Boards to follow guiding principles set down in the Acts, when determining registration and licensing matters. The Boards are also required to consult with stakeholders on key matters such as registration classes, competence programmes, standards, and terms and conditions. The Boards will require the Minister's approval for notices relating to registration classes, standards, terms and conditions.
Electrical Workers Registration Board Membership
The existing Electrical Workers Registration Board is retained, with some amendments to membership to reflect changes in functions (in particular, the new role with respect to employer licences).
Plumbers, Gasfitters and Drainlayers Board Membership
The Act provides for changes to the appointments to the Plumbers, Gasfitters, and Drainlayers Board. There will continue to be two plumbers, two gasfitters, and two drainlayers appointed, with one of each required to hold at least a current practising licence. However, to ensure that up-to-date industry knowledge is available to the board, one of the board appointments must have experience in relevant tertiary or vocational education, and two must be consumer representatives.
Three year review of the Plumbers, Gasfitters and Drainlayers Act
The Act provides for a review of the operation of this legislation three years after it commences and report to the Minister for Building and Construction, who will present the report to Parliament.
This review will allow for any adjustments that may be necessary to the legislation and the consideration of amendments to the Act covering matters not addressed by the policy decisions taken under this legislation.
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