{"id":"nsw:sl-2021-0152","name":"Design and Building Practitioners Regulation 2021","slug":"design-and-building-practitioners-regulation-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"152 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176212,"registerId":"nsw-nsw:sl-2021-0152-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Design and Building Practitioners Regulation 2021](/view/html/inforce/current/sl-2021-0152).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 July 2021 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> The Dictionary to this Regulation defines certain terms used in this Regulation.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of “construction issued regulated design”","content":"#### 3A Meaning of “construction issued regulated design”\n\n3A Meaning of “construction issued regulated design”\n\n> > (1) In this Regulation, construction issued regulated design means a regulated design for which a design compliance declaration is provided that—\n> > \n> > > (a) contains the necessary detail to produce building work that would achieve compliance with the Building Code of Australia, and\n> > \n> > > (b) can be used by a building practitioner to carry out the work in accordance with the regulated design and the Building Code of Australia.\n> \n> > (2) In subclause (1)(a), the necessary detail includes—\n> > \n> > > (a) the proposed dimensions of the completed building, and\n> > \n> > > (b) the characteristics and materials comprising the proposed building, and\n> > \n> > > (c) the location of the building elements and systems proposed to be built.\n> \n> > (3) However, a reference in subclause (2)(a) or (b) to a building is, in relation to a construction issued regulated design for building work carried out under more than 1 construction certificate, a reference to a part of the building to which the construction certificate relates.\n> > \n> > Note—\n> > \n> > See the Act, section 4(3), which provides that a reference to a building includes a reference to part of a building.\n> \n> > (4) In addition to subclauses (1)(a) and (2), a construction issued regulated design for building work carried out under more than 1 construction certificate must, as far as reasonably practicable, integrate details of other aspects of the building work to which the design relates.\n> \n> **cl 3A:** Ins 2022 (783), Sch 1\\[1\\].","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Building element","content":"#### 3B Building element\n\n3B Building element\n\n> For the Act, section 6(1)(f), the aspects of a vertical transportation product that are required to achieve compliance with the Building Code of Australia are prescribed.\n> \n> **cl 3B:** Ins 2024 (5), Sch 1\\[1\\].","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Regulated designs and types of work","content":"# Part 2 Regulated designs and types of work\n\nPart 2 Regulated designs and types of work","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Requirements relating to regulated designs","content":"## Division 1 Requirements relating to regulated designs\n\nDivision 1 Requirements relating to regulated designs","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Application of Division","content":"#### 4 Application of Division\n\n4 Application of Division\n\n> This Division applies to a regulated design for which a compliance declaration is required to be provided under the Act and this Regulation.\n> \n> Note—\n> \n> Section 5(3) of the Act provides that the Minister may, by order, specify particulars that are additional to those prescribed by this Regulation for regulated designs.","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Form and content of regulated designs involving performance solutions","content":"#### 5 Form and content of regulated designs involving performance solutions\n\n5 Form and content of regulated designs involving performance solutions\n\n> > (1) For the purposes of section 5(2) of the Act, a regulated design that is prepared for a performance solution for building work, including a building element, must be in the form of a report that includes the following—\n> > \n> > > (a) relevant plans that show, or specifications that describe, the physical elements of the performance solution, if any,\n> > \n> > > (b) a description and justification of the performance solution, including—\n> > > \n> > > > (i) the acceptance criteria and parameters on which the justification is based, and\n> > > \n> > > > (ii) a description of the physical elements of the performance solution, and\n> > > \n> > > > (iii) restrictions or conditions of the performance solution, and\n> > > \n> > > > (iv) a copy of the brief on which the justification of the performance solution is based,\n> > \n> > > (c) a statement that the performance solution complies with the relevant performance requirements of the Building Code of Australia,\n> > \n> > > (d) information that identifies the deemed-to-satisfy provisions of the Building Code of Australia being varied, where relevant.\n> \n> > (2) A report for a regulated design that is prepared for a performance solution must comply with the applicable evidence requirements for the design specified in the Building Code of Australia, Volume 1, A2G2.\n> \n> > (3) In this clause—\n> > \n> > deemed-to-satisfy provisions has the same meaning as in the Building Code of Australia.\n> \n> **cl 5:** Am 2023 (71), Sch 1.2\\[1\\].","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Content of regulated designs involving fire resisting building elements","content":"#### 6 Content of regulated designs involving fire resisting building elements\n\n6 Content of regulated designs involving fire resisting building elements\n\n> > (1) For the purposes of section 5(2) of the Act, a fire resisting regulated design must include information, whether written, in the form of a drawing or otherwise, that explains how a fire-resistance level will be achieved and maintained in circumstances where a penetration to a building element occurs—\n> > \n> > > (a) during the installation or maintenance of services in relation to building work, or\n> > \n> > > (b) at another time during the building work.\n> > \n> > Note—\n> > \n> > The Building Code of Australia specifies requirements for when a service that penetrates a building element must have a particular fire-resistance level, and other requirements for service penetrations.\n> \n> > (2) In this clause—\n> > \n> > fire resisting regulated design means a regulated design that includes—\n> > \n> > > (a) a building element that is required to have a fire-resistance level under the Building Code of Australia, or\n> > \n> > > (b) a floor or ceiling that is required to have resistance to the incipient spread of fire under the Building Code of Australia.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Regulated designs relating to integration of vertical transportation products in buildings","content":"#### 7 Regulated designs relating to integration of vertical transportation products in buildings\n\n7 Regulated designs relating to integration of vertical transportation products in buildings\n\n> > (1) For the purposes of section 5(2) of the Act, a regulated design for building work relating to the integration of a vertical transportation product in a building to which the building work relates must include the registration number of the product if the product is used, or is proposed to be used, in a workplace.\n> > \n> > Note—\n> > \n> > The [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), section 42, provides that the design of a vertical transportation product that is used in a workplace must be authorised in accordance with the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404).\n> \n> > (2) In this clause—\n> > \n> > registration number means the registration number for the vertical transportation product referred to in the [Work Health and Safety Regulation 2017](/view/html/repealed/current/sl-2017-0404), clause 273.\n> > \n> > workplace has the same meaning as in the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010).","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Requirements relating to compliance declarations","content":"## Division 2 Requirements relating to compliance declarations\n\nDivision 2 Requirements relating to compliance declarations","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Further applicable requirements for design compliance declarations","content":"#### 8 Further applicable requirements for design compliance declarations\n\n8 Further applicable requirements for design compliance declarations\n\n> > For the purposes of section 8(1)(b) of the Act, it is an applicable requirement that a regulated design must, as far as is reasonably practicable, integrate details of the following—\n> > \n> > > (a) other aspects of building work to which the design relates,\n> > \n> > > (b) other regulated designs for the work, including designs prepared by other registered design practitioners for building work.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Further matters to be included in design compliance declarations","content":"#### 9 Further matters to be included in design compliance declarations\n\n9 Further matters to be included in design compliance declarations\n\n> > (1) For the purposes of section 8(1)(d) of the Act, a design compliance declaration must include the following matters—\n> > \n> > > (a) whether or not any building product referred to in the design would, if used in a way that is consistent with the design, achieve compliance with the Building Code of Australia,\n> > \n> > > (b) whether or not the design to which the compliance declaration relates involves a performance solution,\n> > \n> > > (c) whether or not the design accords with relevant elements of guidance material for regulated designs that have been approved by the Secretary and published on a website of the Department,\n> > \n> > > (d) whether or not specialist advice was sought and considered in preparing the design,\n> > \n> > > (e) for a registered design practitioner in the class of design practitioner—vertical transportation—\n> > > \n> > > > (i) whether or not the design appropriately integrates a vertical transportation product in accordance with the product’s authorisation under the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), section 42, and\n> > > \n> > > > (ii) if the design does not appropriately integrate the vertical transportation product—whether or not the practitioner has advised the designer of the product, within the meaning of the [Work Health and Safety Act 2011](/view/html/inforce/current/act-2011-010), section 22, of that fact, and\n> > > \n> > > > (iii) whether or not the integration of the vertical transportation product in the design for building work achieves compliance with the requirements of AS 1735, Lifts, Escalators, and Moving Walks, as in force from time to time.\n> \n> > (2) In this clause—\n> > \n> > building product includes a material or other thing that is, or could be, used in a building.\n> > \n> > used in a building, for a building product, means the product is incorporated into, connected to, or otherwise installed in a building by means of, building work.\n> \n> **cl 9:** Am 2024 (5), Sch 1\\[2\\].","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Content of principal compliance declarations provided before commencement of building work","content":"#### 10 Content of principal compliance declarations provided before commencement of building work\n\n10 Content of principal compliance declarations provided before commencement of building work\n\n> For the purposes of section 107(5) of the Act, a registered principal design practitioner is exempt from the requirement to include the matters referred to in section 8(2)(a) and (b) of the Act in a principal compliance declaration if—\n> \n> > (a) the practitioner is providing the compliance declaration in accordance with clause 21(a), and\n> \n> > (b) the principal compliance declaration includes the following matters—\n> > \n> > > (i) whether or not a design compliance declaration has been provided in accordance with the Act for each construction issued regulated design prepared for the building work,\n> > \n> > > (ii) whether or not each design compliance declaration for the designs referred to in subparagraph (i) has been provided by a registered design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates.","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Form of compliance declarations","content":"#### 11 Form of compliance declarations\n\n11 Form of compliance declarations\n\n> > (1) For the purposes of section 8(1) of the Act, a design compliance declaration must be made in 1 of the following forms—\n> > \n> > > (a) a form approved by the Secretary and published on a website of the Department,\n> > \n> > > (b) a form specified on the NSW planning portal.\n> \n> > (2) For the purposes of section 8(2) of the Act, a principal compliance declaration must be made in the form specified on the NSW planning portal.\n> \n> > (3) For the purposes of section 8(3) of the Act, a building compliance declaration must be made in the form specified on the NSW planning portal.","sortOrder":16},{"sectionNumber":"Division 3","sectionType":"division","heading":"Building work","content":"## Division 3 Building work\n\nDivision 3 Building work","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Prescribed classes or types of building—building work","content":"#### 12 Prescribed classes or types of building—building work\n\n12 Prescribed classes or types of building—building work\n\n> > (1) For the Act, section 4(1), definition of building work, paragraph (a), a building is prescribed if the building, or a part of the building, is—\n> > \n> > > (a) a class 2 building, or\n> > \n> > > (b) a class 3 building, other than temporary accommodation facilities, or\n> > \n> > > (c) a class 9c building.\n> > \n> > Example—\n> > \n> > The Act and this Regulation apply to a mixed-use building comprising class 2, class 5 and class 6 buildings, including the building’s class 5 and class 6 building parts.\n> \n> > (2) In this clause—\n> > \n> > gross floor area, hotel or motel accommodation and serviced apartment have the same meanings as in the Standard Instrument.\n> > \n> > Standard Instrument means the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n> > \n> > temporary accommodation facilities means—\n> > \n> > > (a) a class 3 building that is part of a class 9a or 9b building, if the class 3 building comprises less than 10% of the gross floor area of the entire building, or\n> > \n> > > (b) a building that is or includes hotel or motel accommodation if no part of the building—\n> > > \n> > > > (i) contains serviced apartments, or\n> > > \n> > > > (ii) is the subject of a residential strata scheme under the [Strata Schemes Management Act 2015](/view/html/inforce/current/act-2015-050).\n> \n> **cl 12:** Subst 2023 (65), Sch 1\\[1\\]. Am 2024 (194), Sch 1\\[1\\] \\[2\\].","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Certain work excluded from being building work","content":"#### 13 Certain work excluded from being building work\n\n13 Certain work excluded from being building work\n\n> > (1) For the purposes of section 4(1) and (2)(b) of the Act, the following work is excluded from being building work—\n> > \n> > > (a) work that is carried out as exempt development, other than waterproofing,\n> > \n> > > (b) work that is waterproofing, but only if—\n> > > \n> > > > (i) the work is carried out as a result of alterations to a bathroom, kitchen, laundry or toilet, and\n> > > \n> > > > (ii) the alterations are carried out as exempt development, and\n> > > \n> > > > (iii) the work, including the agreement to carry out the work, relates only to a single dwelling,\n> > \n> > > (c) work that is carried out in compliance with an order given by a council for the purposes of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), section 124,\n> > \n> > > (d) work that is carried out in compliance with a development control order under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 9.3,\n> > \n> > > (e) work that is exempted from a provision of the Building Code of Australia under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 74, 111 or 117,\n> > \n> > > (f) work that is the repair, renovation or protective treatment of a fire safety system for the purposes of maintaining a component of the fire safety system, except a load-bearing component that is essential to the stability of a building,\n> > \n> > > (g) work that is the repair, renovation or protective treatment of a building, but only if—\n> > > \n> > > > (i) the work involves a mechanical, plumbing or electrical service, and\n> > > \n> > > > (ii) the work is carried out for the purposes of maintaining a component of a system in the building,\n> > \n> > > (h) work that is excluded from being residential building work in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147), Schedule 1, clause 2(3)(a), as if a reference to residential building work in that Act is a reference to building work,\n> > \n> > > (i) work that is carried out under a contract for which a party to the contract received a grant under the HomeBuilder Grant scheme for the work,\n> > \n> > > (j) electrical or plumbing work that is a performance solution for building work, other than work for a building element, but only for the purposes of section 5(1)(b) of the Act,\n> > \n> > > (k) work that is the fit-out of part of a building, but only—\n> > > \n> > > > (i) if the part of the building is a class 5, 6, 9a or 9b building part or will be a class 5, 6, 9a or 9b building part as a result of a change of building use connected with the work, and\n> > > \n> > > > (ii) if the work is the subject of a development consent that primarily relates to the fit-out, and\n> > > \n> > > > (iii) to the extent the work does not relate to a structural component of the building,\n> > \n> > > (l) work to install the following, but only if the work is the subject of a development consent that primarily relates to the installation—\n> > > \n> > > > (i) an awning, blind or canopy over a window or door,\n> > > \n> > > > (ii) a roofed structure over a balcony, deck, patio or terrace, whether open or enclosed, unless the roofed structure is installed above the existing topmost roof of the building,\n> > \n> > > (m) work that—\n> > > \n> > > > (i) is the subject of a development consent that primarily relates to the work, and\n> > > \n> > > > (ii) is not—\n> > > > \n> > > > > (A) work for a building element for building work, or\n> > > > \n> > > > > (B) work for a performance solution for building work, including a building element,\n> > \n> > > (n) the following work in relation to a designated class 3 or 9c building—\n> > > \n> > > > (i) the making of alterations or additions to the building,\n> > > \n> > > > (ii) the repair, renovation or protective treatment of the building.\n> \n> > (2) The work referred to in subclause (1)(c) and (d) is not excluded from being building work if the order to which the work relates is for the purposes of repairing, rectifying or replacing the external cladding of a building.\n> \n> > (3) The work referred to in subclause (1)(f) is not excluded from being building work if—\n> > \n> > > (a) the maintenance is carried out on a component of a fire safety system, and\n> > \n> > > (b) the maintenance comprises the replacement of the component, and\n> > \n> > > (c) that component is an entire system.\n> > \n> > Example—\n> > \n> > If a fire safety system is comprised of components, including a mechanical ducted smoke control system and fire rated doors, the replacement of the mechanical ducted system component is not excluded from being building work because that work would constitute the replacement of a component that is an entire system.\n> \n> > (3A) This subclause, subclause (1)(n) and (4), definition designated class 3 or 9c building are repealed on 1 July 2026.\n> \n> > (4) In this clause—\n> > \n> > change of building use, development consent and exempt development have the same meanings as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > designated class 3 or 9c building means a building meeting the following conditions—\n> > \n> > > (a) the building, or a part of the building, is a class 3 or 9c building,\n> > \n> > > (b) no part of the building is a class 2 building.\n> > \n> > structural component, of a building, means an internal or external load-bearing component of the building that is essential to the stability of the building or a part of it, including in-ground and other foundations and footings, floors, walls, roofs, columns and beams.\n> \n> **cl 13:** Am 2021 (417), Sch 1\\[1\\]; 2021 (743), Sch 1\\[1\\]–\\[3\\]; 2022 (332), Sch 1\\[1\\]; 2022 (783), Sch 1\\[2\\] \\[3\\]; 2023 (65), Sch 1\\[2\\]–\\[4\\]; 2024 (194), Sch 1\\[3\\]; 2025 (276), Sch 2\\[1\\].","sortOrder":19},{"sectionNumber":"Division 4","sectionType":"division","heading":"Professional engineering work","content":"## Division 4 Professional engineering work\n\nDivision 4 Professional engineering work","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Certain work is excluded from being professional engineering work","content":"#### 14 Certain work is excluded from being professional engineering work\n\n14 Certain work is excluded from being professional engineering work\n\n> > (1) For the Act, section 31(2)(b), engineering work is not professional engineering work unless the work is carried out directly in relation to the design or construction of a building, or part of a building, that is—\n> > \n> > > (a) a class 2 building, or\n> > \n> > > (b) a class 3 building, or\n> > \n> > > (c) a class 9c building.\n> > \n> > Example—\n> > \n> > The Act and this Regulation apply to a mixed-use building comprising class 2, class 5 and class 6 buildings, including the building’s class 5 and class 6 building parts.\n> \n> > (2) In this clause—\n> > \n> > construction includes—\n> > \n> > > (a) the making of alterations or additions to a building, and\n> > \n> > > (b) the repair, renovation or protective treatment of a building.\n> \n> **cl 14:** Am 2023 (65), Sch 1\\[5\\].","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Further areas of engineering","content":"#### 15 Further areas of engineering\n\n15 Further areas of engineering\n\n> Geotechnical engineering is prescribed for the purposes of section 32(3) of the Act, definition of prescribed area of engineering, paragraph (f).","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Requirements for designs and building work","content":"# Part 3 Requirements for designs and building work\n\nPart 3 Requirements for designs and building work","sortOrder":23},{"sectionNumber":"16","sectionType":"section","heading":"Lodgment on NSW planning portal before building work commences","content":"#### 16 Lodgment on NSW planning portal before building work commences\n\n16 Lodgment on NSW planning portal before building work commences\n\n> > (1) For the Act, section 107(2)(e), a building practitioner must do the following—\n> > \n> > > (a) if more than 1 construction certificate is to be issued for building work—before commencing building work relating to a construction certificate, provide the required documents for the building work to which the construction certificate relates to the Secretary in the approved way,\n> > \n> > > (b) otherwise—provide the required documents to the Secretary in the approved way before commencing building work.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—200 penalty units, or\n> > \n> > > (b) for an individual—100 penalty units.\n> \n> > (2) A registered building practitioner satisfies the practitioner’s obligation to provide the required documents if—\n> > \n> > > (a) the practitioner gives written authorisation for the required documents to be provided on the practitioner’s behalf by an appropriate practitioner in connection with the building work, and\n> > \n> > > (b) the appropriate practitioner who is authorised provides the required documents to the Secretary in accordance with this clause.\n> \n> > (3) In this clause—\n> > \n> > appropriate practitioner in connection with building work means—\n> > \n> > > (a) if a registered principal design practitioner is appointed for the building work—the registered principal design practitioner, or\n> > \n> > > (b) the registered design practitioner for the building work.\n> > \n> > required documents means the following—\n> > \n> > > (a) copies of the construction issued regulated designs for the building work,\n> > \n> > > (b) copies of the design compliance declarations, made by a suitably authorised registered design practitioner, for each of the construction issued regulated designs,\n> > \n> > > (c) if a registered principal design practitioner is appointed for the building work—a principal compliance declaration, made by a suitably authorised registered principal design practitioner, for the construction issued regulated designs.\n> \n> **cl 16:** Am 2022 (783), Sch 1\\[4\\]–\\[7\\].","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Lodgment on NSW planning portal after building work commences","content":"#### 17 Lodgment on NSW planning portal after building work commences\n\n17 Lodgment on NSW planning portal after building work commences\n\n> > (1) For the purposes of section 107(2)(e) of the Act, a building practitioner must provide the following documents to the Secretary in the approved way no later than 1 day after commencing a variation to building work—\n> > \n> > > (a) a copy of each design compliance declaration given under section 9(3)(b) of the Act for a varied regulated design,\n> > \n> > > (b) a copy of the varied regulated design,\n> > \n> > > (c) a copy of each design compliance declaration obtained under section 20(3) of the Act for a new building element or performance solution,\n> > \n> > > (d) a copy of the regulated design for the new building element or performance solution.\n> > \n> > Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.\n> \n> > (2) It is a defence to a prosecution for an offence under subclause (1) if the defendant satisfies the court that the defendant had a reasonable excuse for the alleged failure to provide the documents.\n> \n> > (3) A registered building practitioner satisfies the practitioner’s obligation to provide documents under this clause if—\n> > \n> > > (a) the practitioner gives written authorisation for the documents to be provided on the practitioner’s behalf by an appropriate practitioner in connection with the building work, and\n> > \n> > > (b) the appropriate practitioner who is authorised provides the documents to the Secretary in accordance with this clause.\n> \n> > (4) In this clause—\n> > \n> > appropriate practitioner in connection with building work means—\n> > \n> > > (a) if a registered principal design practitioner is appointed for the building work—the registered principal design practitioner, or\n> > \n> > > (b) the registered design practitioner for the building work.","sortOrder":26},{"sectionNumber":"18","sectionType":"section","heading":"Lodgment on NSW planning portal before issue of occupation certificate","content":"#### 18 Lodgment on NSW planning portal before issue of occupation certificate\n\n18 Lodgment on NSW planning portal before issue of occupation certificate\n\n> > (1) For the purposes of section 17(2) of the Act, a building practitioner for building work must provide a building compliance declaration, contractor document and other required documents to the Secretary, in the approved way, in the following circumstances—\n> > \n> > > (a) before an application is made for an occupation certificate for a building to which the building work relates,\n> > \n> > > (b) if the application is refused because of an instance of non-compliance—before a subsequent application for an occupation certificate is made for the applicable part of the building.\n> > \n> > Note—\n> > \n> > Section 27 of the Act provides that a principal certifier who is responsible for issuing an occupation certificate for building work must consider instances of non-compliance specified in the compliance declarations provided to the certifier when deciding whether to issue the certificate.\n> \n> > (2) For the purposes of section 17(6) of the Act, definition of required document, the following documents are prescribed as documents that are required to accompany a building compliance declaration—\n> > \n> > > (a) a copy of each variation statement that is required for building work,\n> > \n> > > (b) a copy of each regulated design that contains additional details not reflected in the construction issued regulated design required to be provided to the Secretary under clause 16, but only if the additional details do not cause the building work to which the design relates to be varied,\n> > \n> > > (c) if a principal design practitioner is appointed for building work—the principal compliance declaration for all regulated designs from a registered principal design practitioner whose registration authorises the practitioner to provide a declaration as to the matters to which the declaration relates.\n> > \n> > > (d) a copy of the fire safety certificate given to the building practitioner under the [Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021](/view/html/inforce/current/sl-2021-0689), section 85.\n> \n> **cl 18:** Am 2022 (788), Sch 2.","sortOrder":27},{"sectionNumber":"19","sectionType":"section","heading":"Lodgment on NSW planning portal after issue of occupation certificate","content":"#### 19 Lodgment on NSW planning portal after issue of occupation certificate\n\n19 Lodgment on NSW planning portal after issue of occupation certificate\n\n> > (1) For the purposes of section 15(2) of the Act, a building practitioner who does building work must provide the Secretary with the relevant documents in the approved way.\n> \n> > (2) For the purposes of the Act, section 107(5), a building practitioner is exempt from the requirement referred to in the Act, section 15(1) to ensure that a relevant document is provided to the Secretary if—\n> > \n> > > (a) the relevant document has already been provided to the Secretary in accordance with clauses 16–18 and the document—\n> > > \n> > > > (i) has not been modified since it was last provided to the Secretary, and\n> > > \n> > > > (ii) is not required to be modified from when it was last provided to the Secretary, and\n> > \n> > > (b) the building practitioner gives written notice to the Secretary of the matters set out in paragraph (a).\n> \n> **cl 19:** Am 2021 (312), Sch 1\\[1\\].","sortOrder":28},{"sectionNumber":"19A","sectionType":"section","heading":"Lodgment on NSW planning portal for other building work—the Act, s 17(2)","content":"#### 19A Lodgment on NSW planning portal for other building work—the Act, s 17(2)\n\n19A Lodgment on NSW planning portal for other building work—the Act, s 17(2)\n\n> > (1) This clause applies to building work that does not require an occupation certificate.\n> \n> > (1A) A building practitioner is taken to comply with clause 16 if, before commencing the building work—\n> > \n> > > (a) the building practitioner provides regulated designs and compliance declarations relating to a portion of the work (building work increment) to the Secretary, and\n> > \n> > > (b) the regulated designs and compliance declarations otherwise comply with clause 16, and\n> > \n> > > (c) the only building work carried out relates to the building work increment.\n> \n> > (2) A registered building practitioner must provide the following documents to the Secretary, in the approved way, within 7 days of completing the building work—\n> > \n> > > (a) a building compliance declaration for the building work,\n> > \n> > > (b) contractor document,\n> > \n> > > (c) other required documents.\n> \n> > (3) The registered building practitioner must also, within 7 days of completing the building work, provide the documents specified in subclause (2) to a person for whom the practitioner did the building work.\n> \n> > (4) In this clause—\n> > \n> > required document means a document prescribed in clause 18(2).\n> \n> **cl 19A:** Ins 2021 (743), Sch 1\\[4\\]. Am 2022 (783), Sch 1\\[8\\].","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Documents may only be lodged by registered practitioners","content":"#### 20 Documents may only be lodged by registered practitioners\n\n20 Documents may only be lodged by registered practitioners\n\n> For the purposes of section 107(2)(d) of the Act, a person must not provide any documents referred to in this Division to the Secretary unless—\n> \n> > (a) the person is a registered design practitioner, registered principal design practitioner or registered building practitioner, and\n> \n> > (b) the person’s registration authorises the person to provide the documents to the Secretary in accordance with this Division.\n> \n> Maximum penalty—200 penalty units in the case of a body corporate or 100 penalty units in the case of an individual.","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Circumstances in which principal compliance declaration must be provided","content":"#### 21 Circumstances in which principal compliance declaration must be provided\n\n21 Circumstances in which principal compliance declaration must be provided\n\n> > For the purposes of section 12(2) of the Act, a registered principal design practitioner appointed in relation to building work must provide a principal compliance declaration to the registered building practitioner for the building work—\n> > \n> > > (a) for all of the construction issued regulated designs for building work—before the date specified in the notice given by a registered building practitioner for the work under clause 23, and\n> > \n> > > (b) for all of the regulated designs for building work other than construction issued regulated designs—before the date specified in the notice given by a registered building practitioner for the work under clause 24.\n> \n> **cl 21:** Am 2022 (62), Sch 1\\[1\\] \\[2\\].","sortOrder":32},{"sectionNumber":"22","sectionType":"section","heading":"Exemption from certain requirements relating to work","content":"#### 22 Exemption from certain requirements relating to work\n\n22 Exemption from certain requirements relating to work\n\n> For the purposes of section 107(5) of the Act, a registered principal design practitioner appointed in relation to building work must comply with the requirements for work set out in section 12(1) of the Act only in circumstances where the practitioner is required to provide a principal compliance declaration to another person under the Act and this Regulation.","sortOrder":33},{"sectionNumber":"23","sectionType":"section","heading":"Notice of building work commencing must be given","content":"#### 23 Notice of building work commencing must be given\n\n23 Notice of building work commencing must be given\n\n> For the purposes of section 107(2)(f) of the Act, a registered building practitioner in relation to building work must, at least 14 days before the building work commences, give written notice to a registered principal design practitioner appointed in relation to the work of the date on which the work is proposed to commence.\n> \n> Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.","sortOrder":35},{"sectionNumber":"24","sectionType":"section","heading":"Notice of building compliance declaration must be given","content":"#### 24 Notice of building compliance declaration must be given\n\n24 Notice of building compliance declaration must be given\n\n> For the purposes of section 107(2)(f) of the Act, a registered building practitioner must, at least 14 days before making a building compliance declaration in relation to building work, give written notice to a registered principal design practitioner appointed in relation to the work of the date on which the building practitioner proposes to make the declaration.\n> \n> Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.","sortOrder":36},{"sectionNumber":"25","sectionType":"section","heading":"Time within which notice of application for occupation certificate must be provided","content":"#### 25 Time within which notice of application for occupation certificate must be provided\n\n25 Time within which notice of application for occupation certificate must be provided\n\n> > (1) For the purposes of section 16(3) of the Act—\n> > \n> > > (a) the notice under section 16(1) of the Act must be given at least 14 days before the application for an occupation certificate is made, and\n> > \n> > > (b) the notice under section 16(2) of the Act must be given within 7 days after the application for an occupation certificate is made.\n> \n> > (2) If a person who is required to give notice under section 16(1) or (2) of the Act is a registered building practitioner who did building work on a building that is the subject of an application for an occupation certificate, the person is to give the notice to any other registered building practitioner who did work on the building.","sortOrder":37},{"sectionNumber":"26","sectionType":"section","heading":"Further circumstances in which building compliance declaration must be provided","content":"#### 26 Further circumstances in which building compliance declaration must be provided\n\n26 Further circumstances in which building compliance declaration must be provided\n\n> > (1) For the purposes of section 17(2) of the Act, a registered building practitioner who carries out building work must provide a building compliance declaration, contractor document and other required documents to the Secretary in the approved way no later than 90 days after the occupation certificate is issued for a building to which the work relates.\n> \n> > (2) Subclause (1) applies only if the contractor document or other required documents are modified after the documents are first provided to the Secretary under Division 1.","sortOrder":38},{"sectionNumber":"27","sectionType":"section","heading":"Variations other than for building elements or performance solutions after building work commences","content":"#### 27 Variations other than for building elements or performance solutions after building work commences\n\n27 Variations other than for building elements or performance solutions after building work commences\n\n> For the purposes of section 20(1) of the Act, if building work, other than in relation to a building element or performance solution, is varied from a regulated design for the work after the commencement of the work, the building practitioner must record the following information in a document (a variation statement)—\n> \n> > (a) the type and purpose of the variation,\n> \n> > (b) the part of the building to which the variation relates,\n> \n> > (c) an explanation of how the variation meets the requirements of the Building Code of Australia, including a list of the applicable provisions of the Code,\n> \n> > (d) a list of the other standards or codes that have been applied in carrying out the work to which the variation relates.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Access to documents in relation to varied designs","content":"#### 28 Access to documents in relation to varied designs\n\n28 Access to documents in relation to varied designs\n\n> > (1) For the purposes of section 20(2)(b) and (3)(b) of the Act, a registered design practitioner may have access to the documents referred to in that section by—\n> > \n> > > (a) inspecting the documents at a specified place and time in accordance with subclause (2), or\n> > \n> > > (b) obtaining copies of the documents from the NSW planning portal.\n> \n> > (2) For the purposes of subclause (1)(a)—\n> > \n> > > (a) the building practitioner must give written notice to the registered design practitioner requesting the design practitioner to attend at a specified place and time to access the documents, and\n> > \n> > > (b) the place and time at which the design practitioner may be requested to attend is to be a place and time nominated by the building practitioner that is reasonable in the circumstances.","sortOrder":40},{"sectionNumber":"Division 3A","sectionType":"division","heading":"Requirements for building work with ground anchors","content":"## Division 3A Requirements for building work with ground anchors\n\nDivision 3A Requirements for building work with ground anchors\n\n**pt 3, div 3A:** Ins 2022 (62), Sch 1\\[3\\].","sortOrder":41},{"sectionNumber":"28A","sectionType":"section","heading":"Definitions","content":"#### 28A Definitions\n\n28A Definitions\n\n> In this Division—\n> \n> destressing means the process of removing tension from a ground anchor after the related permanent structure has taken on the load carrying capacity of the anchor.\n> \n> encroaching ground anchor means a ground anchor installed for the purposes of building work on a lot if the anchor or part of the anchor will be installed on a different lot.\n> \n> ground anchor has the meaning given by AS 4678–2002Earth-retaining structures.\n> \n> Editorial note—\n> \n> ground anchor is defined as “A tensile reinforcement, wire or bar, and its associated components that transmit force into soil or rock through bond over part of its length”.\n> \n> ground anchor installation right document means—\n> \n> > (a) for neighbouring land that is a public road—a consent under the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 139 from the appropriate roads authority that permits the installation of a ground anchor on neighbouring land, or\n> \n> > (b) otherwise—a document that permits the installation of a ground anchor on neighbouring land and shows the proposed location of the anchor, including—\n> > \n> > > (i) a registered easement, or\n> > \n> > > (ii) a licence agreement, or\n> > \n> > > (iii) a deed.\n> \n> removable encroaching ground anchor means an encroaching ground anchor that includes—\n> \n> > (a) a permanent anchorage in the ground, and\n> \n> > (b) a removable reinforcement tendon which may be removed after the anchor is no longer required.\n> \n> temporary encroaching ground anchor means an encroaching ground anchor required to ensure the stability and satisfactory performance of the structure being supported until a permanent structure replaces the load carrying capacity of the anchor.\n> \n> **cl 28A:** Ins 2022 (62), Sch 1\\[3\\].","sortOrder":42},{"sectionNumber":"28B","sectionType":"section","heading":"Circumstances in which authority to install ground anchor must be provided","content":"#### 28B Circumstances in which authority to install ground anchor must be provided\n\n28B Circumstances in which authority to install ground anchor must be provided\n\n> > (1) For the purposes of the Act, section 107(2)(d), a building practitioner must give the Secretary a ground anchor installation right document if the practitioner proposes to carry out building work involving an encroaching ground anchor.\n> \n> > (2) If the ground anchor is a temporary encroaching ground anchor the building practitioner must also give the Secretary a document detailing—\n> > \n> > > (a) the process for destressing the temporary encroaching ground anchor, and\n> > \n> > > (b) the time the destressing will occur.\n> \n> > (3) If the ground anchor is a removable encroaching ground anchor the building practitioner must also give the Secretary a document detailing—\n> > \n> > > (a) the process for the removal of the removable reinforcement tendon, and\n> > \n> > > (b) the time the removal will occur.\n> \n> > (4) The documents must be given—\n> > \n> > > (a) before the building work commences, and\n> > \n> > > (b) in the approved way.\n> \n> Maximum penalty for subclauses (1)–(3)—\n> \n> > (a) for a body corporate—200 penalty units, or\n> \n> > (b) otherwise—100 penalty units.\n> \n> **cl 28B:** Ins 2022 (62), Sch 1\\[3\\].","sortOrder":43},{"sectionNumber":"28C","sectionType":"section","heading":"Provision of evidence about temporary ground anchor destressing","content":"#### 28C Provision of evidence about temporary ground anchor destressing\n\n28C Provision of evidence about temporary ground anchor destressing\n\n> For the purposes of the Act, section 107(2)(d), a building practitioner for building work involving a temporary encroaching ground anchor must provide evidence to the Secretary that the ground anchor has been destressed—\n> \n> > (a) for development that does not require an occupation certificate—before the development is completed, or\n> \n> > (b) otherwise—before applying for the final occupation certificate for the development.\n> \n> Maximum penalty—\n> \n> > (a) for a body corporate—200 penalty units, or\n> \n> > (b) otherwise—100 penalty units.\n> \n> **cl 28C:** Ins 2022 (62), Sch 1\\[3\\].","sortOrder":44},{"sectionNumber":"28D","sectionType":"section","heading":"Provision of evidence about removal of reinforcement tendons","content":"#### 28D Provision of evidence about removal of reinforcement tendons\n\n28D Provision of evidence about removal of reinforcement tendons\n\n> For the purposes of the Act, section 107(2)(d), a building practitioner for building work involving a removable encroaching ground anchor must provide evidence to the Secretary that the removable reinforcement tendon has been removed—\n> \n> > (a) for development that does not require an occupation certificate—before the development is completed, or\n> \n> > (b) otherwise—before applying for the final occupation certificate for the development.\n> \n> Maximum penalty—\n> \n> > (a) for a body corporate—200 penalty units, or\n> \n> > (b) otherwise—100 penalty units.\n> \n> **cl 28D:** Ins 2022 (62), Sch 1\\[3\\].","sortOrder":45},{"sectionNumber":"Division 3B","sectionType":"division","heading":"Exemptions for class 3 or 9c building work","content":"## Division 3B Exemptions for class 3 or 9c building work\n\nDivision 3B Exemptions for class 3 or 9c building work\n\n**pt 3, div 3B:** Ins 2023 (65), Sch 1\\[6\\].","sortOrder":46},{"sectionNumber":"28E","sectionType":"section","heading":"Definitions","content":"#### 28E Definitions\n\n28E Definitions\n\n> In this Division—\n> \n> approved form means a form approved by the Secretary and made available—\n> \n> > (a) on the NSW planning portal, or\n> \n> > (b) on a website of the Department.\n> \n> approved way means—\n> \n> > (a) lodgment on the NSW planning portal, or\n> \n> > (b) if a building practitioner is unable to access the NSW planning portal to lodge a copy of a design for technical or other reasons—provision of the design to the Secretary.\n> \n> regulated building work means building work for which a regulated design is required.\n> \n> relevant building work means regulated building work that does not require any of the following—\n> \n> > (a) a complying development certificate,\n> \n> > (b) a construction certificate,\n> \n> > (c) a development application,\n> \n> > (d) an occupation certificate.\n> \n> **cl 28E:** Ins 2023 (65), Sch 1\\[6\\].","sortOrder":47},{"sectionNumber":"28F","sectionType":"section","heading":"Application of Division","content":"#### 28F Application of Division\n\n28F Application of Division\n\n> This Division applies to class 3 or 9c building work, other than building work in relation to a mixed-use building that contains a class 2 building part.\n> \n> Note—\n> \n> Temporary accommodation facilities are not prescribed as building work under clause 12.\n> \n> **cl 28F:** Ins 2023 (65), Sch 1\\[6\\]. Am 2024 (194), Sch 1\\[4\\].","sortOrder":48},{"sectionNumber":"28G","sectionType":"section","heading":"Regulated building work—commenced","content":"#### 28G Regulated building work—commenced\n\n28G Regulated building work—commenced\n\n> > (1) This clause applies to regulated building work if—\n> > \n> > > (a) the regulated building work is authorised to be carried out by a construction certificate or a complying development certificate, and\n> > \n> > > (b) some of the regulated building work authorised to be carried out by the certificate has commenced before 3 July 2023, and\n> > \n> > > (c) all the regulated building work authorised to be carried out by the certificate has not been completed by that day.\n> \n> > (2) For the Act, section 107(5), the regulated building work or a design in relation to the regulated building work is exempt from the following requirements of the Act—\n> > \n> > > (a) provisions requiring regulated designs to be prepared for the regulated building work, including requirements for compliance declarations,\n> > \n> > > (b) provisions requiring a person to be registered to carry out the regulated building work,\n> > \n> > > (c) provisions requiring a building compliance declaration to be prepared for the regulated building work.\n> \n> > (3) However, for the exemption under subclause (2) to apply, the building practitioner for the regulated building work must provide copies of all designs relied on to carry out the regulated building work—\n> > \n> > > (a) to the Secretary in the approved way, and\n> > \n> > > (b) before an application is made for an occupation certificate for a building to which the regulated building work relates.\n> \n> > (4) For the Act, section 26, a principal certifier must not issue an occupation certificate for a building to which the regulated building work relates unless satisfied that all designs required to be provided to the Secretary under this clause have been provided.\n> \n> **cl 28G:** Ins 2023 (65), Sch 1\\[6\\].","sortOrder":49},{"sectionNumber":"28H","sectionType":"section","heading":"Regulated building work—designs prepared","content":"#### 28H Regulated building work—designs prepared\n\n28H Regulated building work—designs prepared\n\n> > (1) This clause applies to a design for regulated building work if—\n> > \n> > > (a) the regulated building work is authorised to be carried out by a construction certificate or a complying development certificate, and\n> > \n> > > (b) the design was prepared before 3 July 2023, and\n> > \n> > > (c) the person who prepared the design is not eligible to be registered after 2 July 2023 in a class that would permit the person to provide a design compliance declaration for the design, and\n> > \n> > > (d) the regulated building work to which the design relates is commenced after 2 July 2023 but before 3 July 2024.\n> \n> > (2) The design is taken to be a regulated design for which a design compliance declaration has been given if—\n> > \n> > > (a) a registered design practitioner—\n> > > \n> > > > (i) assesses whether or not the design complies with the requirements of the Building Code of Australia, and\n> > > \n> > > > (ii) issues a certificate in an approved form that the design does comply with the requirements, and\n> > \n> > > (b) a building practitioner does not carry out building work under the construction certificate or complying development certificate until copies of the design and certificate are provided to the Secretary, and\n> > \n> > > (c) the design is not varied on or after 3 July 2023.\n> \n> **cl 28H:** Ins 2023 (65), Sch 1\\[6\\] (am 2023 (317), Sch 3\\[1\\]).","sortOrder":50},{"sectionNumber":"28I","sectionType":"section","heading":"Relevant building work—commenced","content":"#### 28I Relevant building work—commenced\n\n28I Relevant building work—commenced\n\n> > (1) This clause applies to relevant building work if—\n> > \n> > > (a) the relevant building work is carried out before 3 July 2023, and\n> > \n> > > (b) the relevant building project to which the work relates has not been completed by 3 July 2023.\n> \n> > (2) For the Act, section 107(5), relevant building work, or a design in relation to the relevant building work is exempt from the following requirements of the Act—\n> > \n> > > (a) provisions requiring regulated designs to be prepared for the relevant building work, including requirements for compliance declarations,\n> > \n> > > (b) provisions requiring a person to be registered to carry out the relevant building work,\n> > \n> > > (c) provisions requiring a building compliance declaration to be prepared for the relevant building work.\n> \n> > (3) However, an exemption under subclause (2) only applies if the building practitioner for the relevant building work provides copies of all designs relied on to carry out the relevant building work—\n> > \n> > > (a) to the Secretary in the approved way, and\n> > \n> > > (b) before the completion of the relevant building project to which the relevant building work relates.\n> \n> **cl 28I:** Ins 2023 (65), Sch 1\\[6\\] (am 2023 (317), Sch 3\\[2\\]).","sortOrder":51},{"sectionNumber":"28J","sectionType":"section","heading":"Relevant building work—designs prepared","content":"#### 28J Relevant building work—designs prepared\n\n28J Relevant building work—designs prepared\n\n> > (1) This clause applies to a design for relevant building work if—\n> > \n> > > (a) the design was prepared before 3 July 2023, and\n> > \n> > > (b) the person who prepared the design is not eligible to be registered after 2 July 2023 in a class that would permit the person to provide a design compliance declaration for the design, and\n> > \n> > > (c) the relevant building work to which the design relates is commenced after 2 July 2023 but before 3 July 2024.\n> \n> > (2) The design is taken to be a regulated design for which a design compliance declaration has been given if—\n> > \n> > > (a) a registered design practitioner—\n> > > \n> > > > (i) assesses whether or not the design complies with the requirements of the Building Code of Australia, and\n> > > \n> > > > (ii) issues a certificate in an approved form that the design does comply with the requirements, and\n> > \n> > > (b) a building practitioner does not carry out relevant building work to which the design relates until copies of the design and certificate are provided to the Secretary, and\n> > \n> > > (c) the design is not varied on or after 3 July 2023.\n> \n> **cl 28J:** Ins 2023 (65), Sch 1\\[6\\] (am 2023 (317), Sch 3\\[3\\] \\[4\\]).","sortOrder":52},{"sectionNumber":"29","sectionType":"section","heading":"Certain compliance declarations and designs must be provided before issue of building certificates","content":"#### 29 Certain compliance declarations and designs must be provided before issue of building certificates\n\n29 Certain compliance declarations and designs must be provided before issue of building certificates\n\n> > (1) For the purposes of section 26(a) of the Act, a construction certificate or a complying development certificate for building work is prohibited from being issued unless the following documents are provided to the person who issues, or proposes to issue, the certificate—\n> > \n> > > (a) each design compliance declaration to which the building work relates that is required by the person in order to issue the certificate,\n> > \n> > > (b) for each design compliance declaration—each regulated design in relation to which the design compliance declaration is made.\n> \n> > (2) This clause applies only if the application for the construction certificate or complying development certificate for the building work was made on or after 1 July 2021.","sortOrder":54},{"sectionNumber":"30","sectionType":"section","heading":"Building compliance declaration must be provided before issue of occupation certificate","content":"#### 30 Building compliance declaration must be provided before issue of occupation certificate\n\n30 Building compliance declaration must be provided before issue of occupation certificate\n\n> > (1) For the purposes of section 26(a) of the Act, an occupation certificate for building work is prohibited from being issued unless a building compliance declaration in relation to the building work has been provided to the person who issues, or proposes to issue, the occupation certificate.\n> \n> > (2) This clause applies only if the application for the occupation certificate for the building work was made on or after 1 July 2021.","sortOrder":55},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration of practitioners","content":"# Part 4 Registration of practitioners\n\nPart 4 Registration of practitioners","sortOrder":56},{"sectionNumber":"31A","sectionType":"section","heading":"Fees for application for registration or variation of registration","content":"#### 31A Fees for application for registration or variation of registration\n\n31A Fees for application for registration or variation of registration\n\n> > (1) For the Act, sections 43(3) and 52A(2), the fees payable for an application to be registered as a practitioner, or to vary a registration that results in the registered practitioner being registered in an additional class, are set out in Schedule 7, Part 1, Column 4.\n> \n> > (2) If a person applies for two or more classes of registration, or to vary a registration to add two or more additional classes to a registration, in relation to the same type of practitioner, in the same application, the fee payable is the fee for the class with the highest fee amount.\n> \n> > (3) In this clause, each of the following is a type of practitioner—\n> > \n> > > (a) design practitioner,\n> > \n> > > (b) principal design practitioner,\n> > \n> > > (c) professional engineer,\n> > \n> > > (d) building practitioner.\n> \n> **cl 31A:** Ins 2021 (312), Sch 1\\[2\\]. Am 2023 (65), Sch 1\\[8\\]–\\[10\\].","sortOrder":58},{"sectionNumber":"31","sectionType":"section","heading":"Body corporates not to be registered as engineers","content":"#### 31 Body corporates not to be registered as engineers\n\n31 Body corporates not to be registered as engineers\n\n> For the purposes of section 45(3)(g) of the Act, the Secretary must refuse to register a body corporate as a registered professional engineer.","sortOrder":59},{"sectionNumber":"32","sectionType":"section","heading":"Time within which notice of decision must be provided","content":"#### 32 Time within which notice of decision must be provided\n\n32 Time within which notice of decision must be provided\n\n> > (1) For the purposes of section 45(5) of the Act, the Secretary is taken to have refused to grant registration as a practitioner to an applicant if the Secretary fails to give the applicant notice of the Secretary’s decision within 28 days after the application is made.\n> \n> > (2) In calculating a period for the purposes of subclause (1), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (3) Subclause (1) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.","sortOrder":60},{"sectionNumber":"33","sectionType":"section","heading":"Grounds for finding that person is not suitable person to carry out work","content":"#### 33 Grounds for finding that person is not suitable person to carry out work\n\n33 Grounds for finding that person is not suitable person to carry out work\n\n> > (1) For the purposes of section 46(e) of the Act, the Secretary may form an opinion that a person is not a suitable person to carry out work for which the person is seeking registration or is registered in one or more of the following circumstances—\n> > \n> > > (a) the person has been convicted of a relevant offence within the previous 10 years,\n> > \n> > > (b) the person is not a fit and proper person to carry out the work,\n> > \n> > > (c) the Secretary has requested the applicant for registration to provide additional information necessary for the Secretary to determine the application and the applicant fails to provide the information within the reasonable time specified by the Secretary,\n> > \n> > > (d) the Secretary has required the applicant for registration or a close associate of the applicant to provide information or produce records under section 44 of the Act and the applicant or close associate fails to provide the information within the reasonable time specified by the Secretary,\n> > \n> > > (e), (f) (Repealed)\n> > \n> > > (f1) there is a condition on a relevant authorisation of the person,\n> > \n> > > (g) if the person is a body corporate—\n> > > \n> > > > (i) the body corporate becoming the subject of a winding up order or having a controller or administrator appointed, or\n> > > \n> > > > (ii) a ground referred to in section 46(a)–(d) of the Act occurs in relation to a director of the body corporate,\n> > \n> > > (h) if the person is applying for registration as a professional engineer by way of a pathway that relies on the person being recognised or registered as a professional engineer by a professional body of engineers—the person does not have adequate qualifications, knowledge or skills required for the carrying out of professional engineering work despite satisfying the requirements under that pathway.\n> \n> > (2) In this clause—\n> > \n> > person, for subclause (1)(a) and (b), includes a director of a body corporate if the person is a body corporate.\n> > \n> > relevant offence means the following offences, whether committed in this or another Australian jurisdiction—\n> > \n> > > (a) an offence in relation to the carrying out of work under a relevant authorisation, including an offence in relation to the carrying out of work without a relevant authorisation that is required for the work,\n> > \n> > > (b) an offence in relation to a failure to comply with a condition of registration or relevant authorisation,\n> > \n> > > (c) an offence involving fraud or dishonesty.\n> \n> **cl 33:** Am 2021 (312), Sch 1\\[3\\]; 2022 (332), Sch 1\\[2\\]–\\[5\\].","sortOrder":61},{"sectionNumber":"34","sectionType":"section","heading":"Recognised training for registration","content":"#### 34 Recognised training for registration\n\n34 Recognised training for registration\n\n> > (1) For the purposes of section 107(2)(a) of the Act, the Secretary may require an applicant for registration as a practitioner to have successfully completed recognised training.\n> \n> > (2) Training is recognised training for the purposes of this clause if—\n> > \n> > > (a) the training is recognised by the Secretary, and\n> > \n> > > (b) the training is conducted in accordance with conditions of the recognition.\n> \n> > (3) A person may apply in writing to the Secretary for training to be recognised by the Secretary.\n> \n> > (4) The Secretary may, by written notice, recognise the training or refuse to recognise the training.\n> \n> > (5) The recognition may be unconditional or subject to conditions.\n> \n> > (6) The Secretary may vary, suspend or revoke a recognition by written notice to the person.\n> \n> > (7) Completion of recognised training under this clause does not replace the need for the applicant to have the qualifications, experience, knowledge and skills required by Schedule 2.","sortOrder":62},{"sectionNumber":"35","sectionType":"section","heading":"Restoration of registration","content":"#### 35 Restoration of registration\n\n35 Restoration of registration\n\n> > (1) For the purposes of section 47(1) of the Act, an application for the restoration of registration must be made—\n> > \n> > > (a) within 3 months after the expiry of the registration, or\n> > \n> > > (b) within a further period determined by the Secretary on the application of the person seeking the restoration of the registration.\n> \n> > (2) Without limiting subclause (1)(b), the Secretary may extend the period within which an application for restoration of registration may be made if the Secretary is satisfied that—\n> > \n> > > (a) for an applicant who failed to apply for renewal of the registration before the registration expired—the failure was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the registration.\n> \n> > (3) The Secretary must refuse to restore a registration if the registration was surrendered or cancelled.\n> \n> > (4) A certificate of registration restored at any time is taken to have been restored on and from the day on which the certificate of registration expired.\n> \n> > (5) Subject to this clause, the Act continues to apply to an application for the restoration of a registration in the same way it applies to an application for registration.\n> > \n> > Note—\n> > \n> > The definition of register in section 3(1) of the Act includes restoration of registration.","sortOrder":63},{"sectionNumber":"36","sectionType":"section","heading":"Prescribed conditions for registered practitioners","content":"#### 36 Prescribed conditions for registered practitioners\n\n36 Prescribed conditions for registered practitioners\n\n> > (1) For the purposes of section 49(1)(a) of the Act, it is a condition of registration that a registered practitioner must surrender the registered practitioner’s certificate of registration, if in a form otherwise than electronic, to the Secretary within 14 days after receiving written notice from the Secretary of the following—\n> > \n> > > (a) a condition of registration being varied,\n> > \n> > > (b) a new condition of registration being imposed.\n> \n> > (2) For the purposes of section 49(1)(a) of the Act, it is a condition of registration that a registered practitioner must continue to hold a class of registration or licence that was required to satisfy the qualification requirements for the class of registration under Schedule 2 in which the practitioner is registered.\n> \n> > (3) For the purposes of section 49(1)(a) of the Act, it is a condition of registration of a body corporate registered in the design practitioner—body corporate or principal design practitioner—body corporate class that if the body corporate no longer has an employee who is registered in a particular class, the body corporate—\n> > \n> > > (a) must not do anything that relies on it having an employee who is registered in that class, and\n> > \n> > > (b) must, within 7 days, give written notice to the Secretary that it no longer has a employee who is registered in that class.\n> \n> > (4) For the purposes of section 49(1)(a) of the Act, it is a condition of registration of a body corporate registered in the building practitioner—body corporate class that if the body corporate no longer has a nominee who is registered in the building practitioner—body corporate nominee, building practitioner—body corporate nominee (low rise), building practitioner—body corporate nominee (medium rise), building practitioner—general, building practitioner—general (low rise) or building practitioner—general (medium rise) class, the body corporate—\n> > \n> > > (a) must not do anything that relies on it being a registered building practitioner, and\n> > \n> > > (b) must, within 7 days, give written notice to the Secretary that it no longer has a nominee in that class.\n> \n> > (5) For the purposes of section 50(2) of the Act, it is a condition of registration as a practitioner that the registered practitioner must comply with the code of practice—\n> > \n> > > (a) for a prescribed practitioner—set out in Schedule 4, Part 2, Division 1, or\n> > \n> > > (b) for a registered professional engineer—set out in Schedule 4, Part 2, Division 2.\n> \n> **cl 36:** Am 2022 (332), Sch 1\\[6\\].","sortOrder":65},{"sectionNumber":"37","sectionType":"section","heading":"Additional conditions for certain registered or recognised professional engineers","content":"#### 37 Additional conditions for certain registered or recognised professional engineers\n\n37 Additional conditions for certain registered or recognised professional engineers\n\n> > (1) For the purposes of section 50(3) of the Act, it is a condition of registration as a professional engineer who was registered under the Act, because the engineer was recognised or registered in either of the following circumstances, that the engineer continue to hold that recognition or registration while the engineer is registered under the Act—\n> > \n> > > (a) recognition or registration under a recognised engineering body’s recognition or registration scheme,\n> > \n> > > (b) recognition or registration by a professional body of engineers that operates with a professional standards scheme.\n> \n> > (2) This clause does not apply if the engineer cannot continue to hold the recognition or registration because the body—\n> > \n> > > (a) no longer provides for the recognition or registration of professional engineers, or\n> > \n> > > (b) no longer operates with a professional standards scheme.","sortOrder":66},{"sectionNumber":"38","sectionType":"section","heading":"Application of Division","content":"#### 38 Application of Division\n\n38 Application of Division\n\n> This Division applies to a person who—\n> \n> > (a) applies for, and is granted, registration as a design practitioner or renewal of registration as a design practitioner, and\n> \n> > (b) in the same application form, applies for registration as a principal design practitioner or renewal of registration as a principal design practitioner.","sortOrder":68},{"sectionNumber":"39","sectionType":"section","heading":"Recognition as a registered principal design practitioner","content":"#### 39 Recognition as a registered principal design practitioner\n\n39 Recognition as a registered principal design practitioner\n\n> For the purposes of section 54(1) of the Act, a person to whom this Division applies is recognised as a registered principal design practitioner.\n> \n> **cl 39:** Am 2021 (743), Sch 1\\[5\\].","sortOrder":69},{"sectionNumber":"40","sectionType":"section","heading":"Duration of recognition as a registered principal design practitioner","content":"#### 40 Duration of recognition as a registered principal design practitioner\n\n40 Duration of recognition as a registered principal design practitioner\n\n> For the purposes of section 54(2)(g) of the Act, recognition as a registered principal design practitioner remains in force for same period as is specified by the Secretary in the notice by which registration as a design practitioner is granted, unless sooner cancelled.","sortOrder":70},{"sectionNumber":"41","sectionType":"section","heading":"Application of registration provisions to recognition","content":"#### 41 Application of registration provisions to recognition\n\n41 Application of registration provisions to recognition\n\n> For the purposes of section 54(1) of the Act, a provision under the Act or this Regulation that applies to a registered principal design practitioner, except as otherwise modified by this Division, extends to a registered principal design practitioner who is recognised under this Division.","sortOrder":71},{"sectionNumber":"42","sectionType":"section","heading":null,"content":"#### 42\n\n42 (Repealed)","sortOrder":73},{"sectionNumber":"43","sectionType":"section","heading":"Grounds for suspension or cancellation of registration","content":"#### 43 Grounds for suspension or cancellation of registration\n\n43 Grounds for suspension or cancellation of registration\n\n> > (1) For the Act, section 52(1)(h), the registration of a body corporate that holds a building practitioner—body corporate class of registration may be varied, suspended or cancelled if the body corporate’s contractor licence authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) is suspended or cancelled.\n> \n> > (1A) (Repealed)\n> \n> > (2) For the purposes of section 52(1)(h) of the Act, the Secretary may, by written notice given to a registered body corporate, suspend the registration of the body corporate in a class if the body corporate no longer has the minimum qualifications, knowledge and skills required to be registered in that class because—\n> > \n> > > (a) the body corporate does not have a least 1 employee registered in that class, or\n> > \n> > > (b) the body corporate is registered as a building practitioner—body corporate and it does not have a nominee.\n> \n> **cl 43:** Am 2021 (312), Sch 1\\[4\\]; 2022 No 59, Sch 1.10\\[1\\] \\[2\\]; 2023 (317), Sch 2\\[1\\] \\[2\\].","sortOrder":75},{"sectionNumber":"44","sectionType":"section","heading":"Grounds for taking disciplinary action","content":"#### 44 Grounds for taking disciplinary action\n\n44 Grounds for taking disciplinary action\n\n> For the purposes of section 64(h) of the Act, the Secretary may take disciplinary action against a registered practitioner on one or more of the following grounds—\n> \n> > (a) the registered practitioner has failed to comply with a direction under Part 7 of the Act,\n> \n> > (b) the registered practitioner has intentionally or recklessly misled or obstructed the Secretary or an authorised officer in the exercise of a function under the Act,\n> \n> > (c) the registered practitioner has provided a compliance declaration in a partial manner,\n> \n> > (d) the registered practitioner is not a fit and proper person to hold a registration.\n> \n> **cl 44:** Am 2023 (65), Sch 1\\[11\\].","sortOrder":76},{"sectionNumber":"45","sectionType":"section","heading":"Registered practitioners to provide information to Secretary","content":"#### 45 Registered practitioners to provide information to Secretary\n\n45 Registered practitioners to provide information to Secretary\n\n> > (1) For the purposes of section 51(3) of the Act, the Secretary may request information to be provided periodically or within a specified time after specified occurrences.\n> \n> > (2) Without limiting the type of information that may be requested by the Secretary under section 51 of the Act, the Secretary may request a record required to be kept under Part 7 of this Regulation to be provided to the Secretary.","sortOrder":77},{"sectionNumber":"46","sectionType":"section","heading":"Registered practitioners to notify Secretary of certain events","content":"#### 46 Registered practitioners to notify Secretary of certain events\n\n46 Registered practitioners to notify Secretary of certain events\n\n> For the purposes of section 60(h) of the Act, a registered practitioner must give written notice to the Secretary of the following events within 7 days after becoming aware of the event—\n> \n> > (a) disciplinary proceedings being commenced against the practitioner in the person’s capacity as the holder or former holder of a relevant authorisation,\n> \n> > (b) (Repealed)\n> \n> > (b1) a condition is placed on a relevant authorisation of the practitioner,\n> \n> > (c) a relevant authorisation held by the practitioner being varied,\n> \n> > (d) (Repealed)\n> \n> > (e) if the practitioner is required to be covered by insurance—the practitioner no longer being covered by insurance,\n> \n> > (f) if the practitioner is a registered body corporate—\n> > \n> > > (i) a registered individual becoming an employee of the body corporate, or\n> > \n> > > (ii) a registered individual ceasing to be an employee of the body corporate,\n> \n> > (g) if the practitioner is required to hold a class of registration or licence that was necessary to satisfy the qualification requirements for the class of registration under Schedule 2 in which the practitioner is registered—the practitioner no longer holding that class of registration or licence.\n> \n> **cl 46:** Am 2021 (312), Sch 1\\[5\\]; 2022 (332), Sch 1\\[7\\] \\[8\\].","sortOrder":78},{"sectionNumber":"47","sectionType":"section","heading":"Transition of certain recognised or registered professional engineers","content":"#### 47 Transition of certain recognised or registered professional engineers\n\n47 Transition of certain recognised or registered professional engineers\n\n> > (1) If a professional body of engineers that operates with a professional standards scheme no longer provides for the recognition or registration of professional engineers in accordance with the requirements of the scheme, a professional engineer who was recognised or registered by the body is taken to continue to be registered under the Act (a prescribed engineer).\n> \n> > (2) A prescribed engineer must continue to comply with the insurance and continuing professional development requirements that were imposed by the body, as if the body was continuing to operate in accordance with the professional standards scheme, until the date on which the registration is due to expire or be renewed.\n> \n> > (3) A recognition or registration to which this clause applies remains in force for the remainder of the term of the recognition or registration, unless sooner suspended or cancelled by the Secretary.","sortOrder":79},{"sectionNumber":"Part 5","sectionType":"part","heading":"Recognition of professional bodies of engineers","content":"# Part 5 Recognition of professional bodies of engineers\n\nPart 5 Recognition of professional bodies of engineers","sortOrder":80},{"sectionNumber":"48","sectionType":"section","heading":"Recognition of professional engineering bodies","content":"#### 48 Recognition of professional engineering bodies\n\n48 Recognition of professional engineering bodies\n\n> > (1) For the purposes of sections 54(2)(c) and 55(2)(a)(v) of the Act, this Part sets out—\n> > \n> > > (a) the additional requirements that must be met by a professional body of engineers in order for the body to be recognised by the Secretary as a recognised engineering body, and\n> > \n> > > (b) the requirements that a professional body of engineers’ recognition or registration scheme must meet (a recognition or registration scheme), and\n> > \n> > > (c) the application process that a professional body of engineers must follow in order to be recognised by the Secretary as a recognised engineering body.\n> \n> > (2) A reference to a recognised engineering body, in relation to a body recognising or registering a professional engineer (the recognition function), includes a reference to a body corporate recognised by the Secretary to exercise the recognition function of a recognised engineering body only if the body is approved to exercise that function.","sortOrder":82},{"sectionNumber":"49","sectionType":"section","heading":"Requirements for professional bodies of engineers","content":"#### 49 Requirements for professional bodies of engineers\n\n49 Requirements for professional bodies of engineers\n\n> A professional body of engineers must meet the following requirements before the body is able to register or recognise professional engineers—\n> \n> > (a) the body must require, assess and verify qualifications, experience, knowledge, skills and the continuing professional development of professional engineers in a prescribed area of engineering,\n> \n> > (b) the body must assess insurance requirements of professional engineers,\n> \n> > (c) for professional engineers who are recognised or registered as professional engineers by the recognised engineering body, the body must—\n> > \n> > > (i) ensure that a professional engineer complies with the requirements of the professional engineer’s recognition or registration, and\n> > \n> > > (ii) investigate possible failures by a professional engineer to comply with the requirements, and\n> > \n> > > (iii) exercise disciplinary functions where a failure to comply is found, including, if necessary, by suspending or cancelling a professional engineer’s recognition or registration under the recognition or registration scheme.","sortOrder":83},{"sectionNumber":"50A","sectionType":"section","heading":"Definitions","content":"#### 50A Definitions\n\n50A Definitions\n\n> > In this Division—\n> > \n> > equivalent authorisation means an authorisation, however described, under the law of another Australian jurisdiction that is equivalent to—\n> > \n> > > (a) registration as a registered practitioner, or\n> > \n> > > (b) a relevant authorisation.\n> > \n> > officer—\n> > \n> > > (a) for a body corporate that is a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth—has the same meaning as in that Act, and\n> > \n> > > (b) for a body corporate that is not a corporation within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth—means a person, called by whatever name, who is concerned in or takes part in the management of the body corporate.\n> > \n> > relevant offence means the following offences whether committed in this or another Australian jurisdiction—\n> > \n> > > (a) an offence in relation to a failure to comply with—\n> > > \n> > > > (i) a condition of registration as a registered practitioner, or\n> > > \n> > > > (ii) a relevant authorisation, or\n> > > \n> > > > (iii) an equivalent authorisation under the law of another Australian jurisdiction,\n> > \n> > > (b) an offence involving fraud or dishonesty.\n> \n> **cl 50A:** Ins 2022 (62), Sch 1\\[4\\].","sortOrder":85},{"sectionNumber":"50","sectionType":"section","heading":"Application for recognition","content":"#### 50 Application for recognition\n\n50 Application for recognition\n\n> > (1) A body corporate may apply to the Secretary for a grant of recognition as a recognised engineering body.\n> \n> > (2) The application must—\n> > \n> > > (a) be in a form approved by the Secretary, and\n> > \n> > > (b) set out the applicant’s recognition or registration scheme, and\n> > \n> > > (b1) be accompanied by the fee set out in Schedule 7, Part 1, Column 4, and\n> > \n> > > (c) include or be accompanied by information or evidence that the Secretary reasonably requires to assess the application.\n> \n> > (3) If the Secretary considers it necessary to do so, the Secretary may require further documents or information to be provided by the applicant to satisfy the Secretary of the matters set out in section 55(2) of the Act.\n> \n> **cl 50:** Am 2021 (417), Sch 1\\[2\\]; 2023 (65), Sch 1\\[12\\].","sortOrder":86},{"sectionNumber":"51","sectionType":"section","heading":"Determination of applications","content":"#### 51 Determination of applications\n\n51 Determination of applications\n\n> > (1) The Secretary may grant or refuse an application for recognition as a recognised engineering body.\n> \n> > (2) The Secretary must give the applicant written notice within 28 business days of making a decision to grant or refuse recognition.\n> \n> > (3) If the Secretary fails to give an applicant for recognition notice of a decision to grant or refuse recognition within 60 business days after the application is made, the Secretary is taken to have refused to grant recognition.\n> \n> > (4) In calculating a period for the purposes of subclause (3), any period from the day on which the Secretary makes a written request for further information from the applicant until the day on which the information is provided or the applicant refuses to provide the information is not to be included.\n> \n> > (5) Subclause (3) does not prevent the Secretary from continuing to deal with an application after the expiry of that period.\n> \n> **cl 51:** Am 2022 (62), Sch 1\\[5\\] \\[6\\].","sortOrder":87},{"sectionNumber":"52","sectionType":"section","heading":"Duration of recognition","content":"#### 52 Duration of recognition\n\n52 Duration of recognition\n\n> Recognition remains in force for the period, not exceeding 5 years, specified by the Secretary in the notice by which recognition is granted, unless sooner cancelled.\n> \n> **cl 52:** Am 2022 (62), Sch 1\\[7\\].","sortOrder":88},{"sectionNumber":"52A","sectionType":"section","heading":"Applications for renewal of recognition","content":"#### 52A Applications for renewal of recognition\n\n52A Applications for renewal of recognition\n\n> > (1) For the purposes of the Act, section 55(3)(a), a recognised engineering body may apply to the Secretary for the renewal of recognition within 3 months before the expiry of the recognition.\n> \n> > (2) The Secretary may accept an application for the renewal of recognition after the expiry of the recognition if, in the Secretary’s opinion, there are reasonable grounds to accept the application.\n> \n> > (3) An application for renewal must—\n> > \n> > > (a) be in the form approved by the Secretary, and\n> > \n> > > (b) be accompanied by the fee set out in Schedule 7, Part 1, Column 4.\n> \n> > (4) The Secretary must give the applicant written notice within 28 business days of making a decision to renew recognition.\n> \n> > (5) The Secretary may refuse to renew recognition—\n> > \n> > > (a) if the recognition was suspended, or\n> > \n> > > (b) on a ground specified in clause 52B.\n> \n> > (6) If an application for renewal of recognition is made under this clause, the recognition of the body does not expire until the Secretary provides the body written notice of the decision to grant or refuse the renewal of recognition.\n> \n> **cl 52A:** Ins 2022 (62), Sch 1\\[8\\]. Am 2023 (65), Sch 1\\[12\\].","sortOrder":89},{"sectionNumber":"52B","sectionType":"section","heading":"Refusal of recognition on public interest grounds","content":"#### 52B Refusal of recognition on public interest grounds\n\n52B Refusal of recognition on public interest grounds\n\n> For the purposes of the Act, section 55(3)(b), the Secretary may refuse an application for recognition as a recognised engineering body or an application for the renewal of recognition if—\n> \n> > (a) in the Secretary’s opinion, it is not in the public interest to approve the application, or\n> \n> > (b) in the Secretary’s opinion, the applicant does not exercise the functions of a professional body of engineers, or\n> \n> > (c) in the Secretary’s opinion, the applicant is not suitable to be recognised as a recognised engineering body, or\n> \n> > (d) the Secretary requested the applicant provide additional information necessary for the Secretary to decide the application, and the applicant failed to provide the information within the time specified by the Secretary, or\n> \n> > (e) the applicant, including a director or officer of the applicant, has been convicted of a relevant offence within the previous 10 years, or\n> \n> > (f) the Independent Commission Against Corruption, or an equivalent body in another jurisdiction, has within the previous 10 years made a finding or reasonably believes that the applicant, including, a director or officer of the applicant, has engaged in corrupt conduct, or\n> \n> > (g) the applicant, including a director of the applicant or officer of the applicant, is an undischarged bankrupt, or\n> \n> > (h) the applicant is the subject of a winding up order or has had a controller or administrator appointed, or\n> \n> > (i) the applicant is disqualified from holding an equivalent authorisation under the law of another State, Territory or the Commonwealth, other than on the following grounds—\n> > \n> > > (i) the applicant does not reside in the other jurisdiction,\n> > \n> > > (ii) the applicant is a body corporate, or\n> \n> > (j) a close associate of the applicant, who the Secretary considers is not a fit and proper person, exercises a significant influence over the applicant or the operation and management of the applicant’s business.\n> \n> **cl 52B:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":90},{"sectionNumber":"52C","sectionType":"section","heading":"Refusal of recognition on other grounds","content":"#### 52C Refusal of recognition on other grounds\n\n52C Refusal of recognition on other grounds\n\n> For the purposes of the Act, section 55(3)(b), the Secretary may refuse an application for recognition as a recognised engineering body or an application for the renewal of recognition if the body refuses to enter into an information sharing agreement with the Secretary under clause 92(3).\n> \n> **cl 52C:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":91},{"sectionNumber":"52D","sectionType":"section","heading":"Conditions on recognition—general","content":"#### 52D Conditions on recognition—general\n\n52D Conditions on recognition—general\n\n> > (1) For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.\n> \n> > (2) The functions of the recognised engineering body must be exercised in accordance with the body’s recognition or registration scheme.\n> \n> > (3) The recognised engineering body and the body’s directors and officers must act in the public interest in the exercise of their functions.\n> \n> > (4) The recognised engineering body must, at the written request of the Secretary, provide the Secretary with the information relating to the exercise of the body’s functions as a professional body of engineers that the Secretary requires within the time specified by the Secretary.\n> \n> > (5) The recognised engineering body must, at the written request of the Secretary—\n> > \n> > > (a) engage an auditor, approved by the Secretary, to conduct an audit of—\n> > > \n> > > > (i) the recognised engineering body’s exercise of the body’s functions, or\n> > > \n> > > > (ii) the exercise of the body’s functions specified by the Secretary, and\n> > \n> > > (b) ensure the audit is completed within the time specified by the Secretary, and\n> > \n> > > (c) provide a copy of the report of the audit to the Secretary.\n> \n> > (6) The recognised engineering body must provide reasonable assistance to the Secretary in the conduct of an investigation or audit of the body.\n> \n> > (7) The recognised engineering body must, at the written request of the Secretary or the auditor engaged under subclause (5)—\n> > \n> > > (a) make the information specified by the Secretary or auditor relating to the exercise of the body’s functions as a recognised engineering body available to the public, and\n> > \n> > > (b) provide the information in the way specified by the Secretary or auditor.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—100 penalty units, or\n> > \n> > > (b) otherwise—25 penalty units.\n> \n> **cl 52D:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":92},{"sectionNumber":"52E","sectionType":"section","heading":"Conditions on recognition—obligations on bodies, directors and officers","content":"#### 52E Conditions on recognition—obligations on bodies, directors and officers\n\n52E Conditions on recognition—obligations on bodies, directors and officers\n\n> For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the condition that the body, a director of the body or an officer of the body must give the Secretary written notice of the following events within 7 days after becoming aware of the event—\n> \n> > (a) proceedings being instituted against the following—\n> > \n> > > (i) the recognised engineering body,\n> > \n> > > (ii) a director of the recognised engineering body,\n> > \n> > > (iii) an officer of the recognised engineering body,\n> \n> > (b) any of the following being found guilty of a relevant offence—\n> > \n> > > (i) the recognised engineering body,\n> > \n> > > (ii) a director of the recognised engineering body,\n> > \n> > > (iii) an officer of the recognised engineering body,\n> \n> > (c) the recognised engineering body becoming bankrupt or making a composition, arrangement or assignment for the benefit of creditors,\n> \n> > (d) the recognised engineering body becoming the subject of a winding up order or having a controller or administrator appointed,\n> \n> > (e) the appointment of a person as a director or an officer of the recognised engineering body,\n> \n> > (f) a person ceasing to be a director or an officer of the recognised engineering body,\n> \n> > (g) the recognised engineering body no longer holding an insurance policy under clause 57,\n> \n> > (h) a change in the individuals nominated by the recognised engineering body in the body’s application for recognition.\n> \n> Maximum penalty—\n> \n> > (a) for a body corporate—200 penalty units, or\n> \n> > (b) otherwise—100 penalty units.\n> \n> **cl 52E:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":93},{"sectionNumber":"52F","sectionType":"section","heading":"Conditions on recognition—compliance requirements","content":"#### 52F Conditions on recognition—compliance requirements\n\n52F Conditions on recognition—compliance requirements\n\n> > (1) For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.\n> \n> > (2) The recognised engineering body must be—\n> > \n> > > (a) a company within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or\n> > \n> > > (b) an association registered under the [Associations Incorporation Act 2009](/view/html/inforce/current/act-2009-007).\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—100 penalty units, or\n> > \n> > > (b) otherwise—50 penalty units.\n> \n> > (3) The recognised engineering body must comply with clause 57.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—200 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) The recognised engineering body must have financial capacity and facilities to operate the body’s recognition or registration scheme.\n> \n> > (5) A recognised engineering body must make the application and renewal process for recognition under the body’s recognition or registration scheme publicly available.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—100 penalty units, or\n> > \n> > > (b) otherwise—50 penalty units.\n> \n> > (6) The recognised engineering body must comply with a law of this or another State, a Territory or the Commonwealth relevant to the body performing the functions of a recognised engineering body.\n> \n> > (7) The recognised engineering body must provide an annual scheme declaration by 30 September each year that includes the information and evidence requested by the Secretary relating to the exercise of the body’s functions as a recognised engineering body.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—200 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> **cl 52F:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":94},{"sectionNumber":"52G","sectionType":"section","heading":"Conditions on recognition—independence and fairness","content":"#### 52G Conditions on recognition—independence and fairness\n\n52G Conditions on recognition—independence and fairness\n\n> > (1) For the purposes of the Act, section 55(3)(c), recognition by the Secretary as a recognised engineering body is subject to the conditions in this clause.\n> \n> > (2) A condition in this clause applies to a director or officer of a body in the same way that it applies to the body.\n> \n> > (3) A recognised engineering body must do the following—\n> > \n> > > (a) exercise the body’s recognition function independently, fairly and with honesty and integrity,\n> > \n> > > (b) if the recognised engineering body operates a membership system for professional engineers in another capacity—ensure that a person who is not a member of the body is able to apply for recognition of registration as a professional engineer under the body’s recognition or registration scheme in the same way as a member.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—200 penalty units, or\n> > \n> > > (b) otherwise—100 penalty units.\n> \n> > (4) A recognised engineering body must do the following—\n> > \n> > > (a) have in place, and the body must comply with, a conflict of interest policy that—\n> > > \n> > > > (i) identifies and manages conflicts of interest, and\n> > > \n> > > > (ii) includes details of how actual and perceived conflicts of interest between the commercial interest of a body and the management of the recognition or registration scheme will be managed,\n> > \n> > > (b) ensure that the body’s recognition or registration scheme is updated as soon as practicable in accordance with changes to industry practice and legal requirements,\n> > \n> > > (c) ensure that persons who assess applications under the body’s recognition or registration scheme—\n> > > \n> > > > (i) are trained to perform assessments of professional engineers, and\n> > > \n> > > > (ii) act in accordance with the requirements of the scheme.\n> > \n> > Maximum penalty—\n> > \n> > > (a) for a body corporate—100 penalty units, or\n> > \n> > > (b) otherwise—50 penalty units.\n> \n> **cl 52G:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":95},{"sectionNumber":"52H","sectionType":"section","heading":"Secretary’s conditions on recognition","content":"#### 52H Secretary’s conditions on recognition\n\n52H Secretary’s conditions on recognition\n\n> For the purposes of the Act, section 55(3)(c) and (d), the Secretary may give written notice to a recognised engineering body of the following—\n> \n> > (a) imposing a condition on the body’s recognition,\n> \n> > (b) varying or revoking a condition on the recognition imposed by the Secretary.\n> \n> **cl 52H:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":96},{"sectionNumber":"52I","sectionType":"section","heading":"Applications for variation of conditions on recognition","content":"#### 52I Applications for variation of conditions on recognition\n\n52I Applications for variation of conditions on recognition\n\n> > (1) For the purposes of the Act, section 55(3)(d), a recognised engineering body may, by written application to the Secretary, request the variation of a condition on the body’s recognition.\n> \n> > (2) The application must—\n> > \n> > > (a) be in a form approved by the Secretary, and\n> > \n> > > (b) be accompanied by the fee set out in Schedule 7, Part 1, Column 4.\n> \n> > (3) The Secretary may require the applicant to provide additional documents or information within the time specified by the Secretary.\n> \n> **cl 52I:** Ins 2022 (62), Sch 1\\[8\\]. Am 2023 (65), Sch 1\\[12\\].","sortOrder":97},{"sectionNumber":"52J","sectionType":"section","heading":"Determination of applications for variation of conditions on recognition","content":"#### 52J Determination of applications for variation of conditions on recognition\n\n52J Determination of applications for variation of conditions on recognition\n\n> > (1) The Secretary must give an applicant for variation of a condition on recognition written notice of a decision to grant or refuse an application for variation within 28 business days of making the decision.\n> \n> > (2) If the Secretary fails to give the applicant notice of a decision to grant or refuse the variation within 60 business days after the application is made, the Secretary is taken to have refused to grant the variation.\n> \n> > (3) In calculating the period under subclause (2), a period beginning on the day on which the Secretary makes a written request for further information from the applicant and ending on the day on which the information is provided, or the applicant refuses to provide the information, must not be included.\n> \n> > (4) Subclause (2) does not prevent the Secretary from continuing to deal with an application after the expiry of the period.\n> \n> > (5) A variation of a condition on recognition takes effect—\n> > \n> > > (a) at the time specified in the written notice, or\n> > \n> > > (b) when the notice is served on the recognised engineering body if—\n> > > \n> > > > (i) no time is specified in the notice, or\n> > > \n> > > > (ii) the notice is served on the recognised engineering body after the time specified in the notice.\n> \n> **cl 52J:** Ins 2022 (62), Sch 1\\[8\\].","sortOrder":98},{"sectionNumber":"53","sectionType":"section","heading":"Suspension or cancellation of recognition","content":"#### 53 Suspension or cancellation of recognition\n\n53 Suspension or cancellation of recognition\n\n> > (1) The Secretary may suspend or cancel recognition as a recognised engineering body on the following grounds—\n> > \n> > > (a) the Secretary is no longer satisfied that the recognised engineering body or the recognised engineering body’s recognition or registration scheme meets the requirements set out in section 55 of the Act,\n> > \n> > > (a1) in the Secretary’s opinion the recognised engineering body or a director or officer of the body has contravened a requirement imposed under the Act,\n> > \n> > > (a2) in the Secretary’s opinion, if the recognised engineering body were applying for recognition under clause 52B, the application would be refused under that clause,\n> > \n> > > (a3) in the Secretary’s opinion the recognised engineering body should not have been granted recognition because the Secretary—\n> > > \n> > > > (i) has received information about the body or a director or officer of the body, and\n> > > \n> > > > (ii) reasonably believes the Secretary would have refused the application if the Secretary had received the information at the time the application for recognition or renewal of recognition was made,\n> > \n> > > (a4) in the Secretary’s opinion the recognised engineering body is no longer exercising the functions of a recognised engineering body,\n> > \n> > > (b) the recognised engineering body has applied for the recognition to be cancelled.\n> \n> > (1A) The Secretary may suspend recognition as a recognised engineering body unconditionally or subject to conditions determined by the Secretary.\n> \n> > (2) For the purposes of subclause (1)(a), the Secretary must give written notice to a recognised engineering body of the Secretary’s intention to suspend or cancel recognition.\n> \n> > (2A) For the purposes of subclause (1)(b), the recognised engineering body must, after the recognised engineering body applies for the recognition to be cancelled—\n> > \n> > > (a) continue to operate and meet the requirements of the body under the Act for at least 180 days before the recognition is cancelled, and\n> > \n> > > (b) before the end of the 180 day period—implement the transition strategy under clause 61.\n> \n> > (2B) The Secretary may cancel recognition as a recognised engineering body if the Secretary and the recognised engineering body jointly agree to cancel the recognition earlier than the period referred to in subclause (2A).\n> \n> > (3) In making a decision about whether or not to suspend or cancel recognition, the Secretary must take into account any written submissions made to the Secretary by the recognised engineering body.\n> \n> > (4) If the Secretary decides to suspend or cancel recognition, the Secretary must give the recognised engineering body written notice of the decision, including—\n> > \n> > > (a) the date or time from which the suspension or cancellation takes effect, and\n> > \n> > > (b) the reasons for the suspension or cancellation.\n> \n> > (5) If the Secretary decides to suspend recognition, the Secretary must give the recognised engineering body written notice of the decision, including—\n> > \n> > > (a) the period of the suspension, and\n> > \n> > > (b) conditions on the suspension.\n> \n> **cl 53:** Am 2022 (62), Sch \\[9\\]–\\[16\\].","sortOrder":99},{"sectionNumber":"54","sectionType":"section","heading":"Processes under recognition or registration scheme","content":"#### 54 Processes under recognition or registration scheme\n\n54 Processes under recognition or registration scheme\n\n> > (1) A recognition or registration scheme must provide for the following—\n> > \n> > > (a) a process for the receipt, assessment and determination of applications for recognition or registration of professional engineers under the scheme, including—\n> > > \n> > > > (i) a process for notifying the Secretary of any applications refused by the recognised engineering body, and\n> > > \n> > > > (ii) a process for managing actual or perceived conflicts of interest within the recognised engineering body’s conflict of interest policy in carrying out an assessment of an application, and\n> > > \n> > > > (iii) objective assessment and verification criteria, including the qualifications, experience, knowledge, skills and continuing professional development requirements that an applicant must meet in order to be recognised or registered as a professional engineer under the scheme, and\n> > > \n> > > > (iv) the way in which the competence of applicants will be assessed, and\n> > > \n> > > > (v) a process for the internal review of decisions made by the recognised engineering body in relation to the receipt, assessment and determination of applications, and\n> > > \n> > > > (vi) a process for imposing conditions on a professional engineer’s recognition or registration,\n> > \n> > > (b) a process for the recognition or registration of professional engineers that is fair, transparent, impartial and timely,\n> > \n> > > (c) a process for assessing whether a professional engineer is covered by insurance that provides indemnity against liability to which the professional engineer may become subject as a result of carrying out professional engineering work,\n> > \n> > > (d) publicly accessible documentation of any fees that the recognised engineering body will charge and the purpose of the fees,\n> > \n> > > (e) a process for receiving and managing complaints and resolution of disputes involving professional engineers who are recognised or registered under the scheme,\n> > \n> > > (f) a process for taking disciplinary action against professional engineers who are recognised or registered under the scheme, including—\n> > > \n> > > > (i) the grounds for taking disciplinary action against a recognised or registered professional engineer who fails to comply with the requirements of the scheme, and\n> > > \n> > > > (ii) the process for assessing whether or not disciplinary action needs to be taken, and\n> > > \n> > > > (iii) the type of disciplinary action that may be taken, and\n> > > \n> > > > (iv) a process for the internal review of decisions made by the recognised engineering body in relation to taking disciplinary action,\n> > \n> > > (g) a process for notifying the Secretary of—\n> > > \n> > > > (i) disciplinary action taken against a professional engineer who is recognised or registered under the scheme, and\n> > > \n> > > > (ii) the suspension or cancellation of a professional engineer’s recognition or registration under the scheme,\n> > \n> > > (h) a process for identifying and managing conflicts of interest between the recognition function of a recognised engineering body, and the functions of the body for any other purpose.\n> \n> > (2) In this clause—\n> > \n> > determination includes a determination made for the purposes of renewing or restoring recognition or registration of a professional engineer under the recognition or registration scheme.\n> \n> **cl 54:** Am 2022 (62), Sch 1\\[17\\].","sortOrder":101},{"sectionNumber":"55","sectionType":"section","heading":"Requirements for continuing professional development audit program","content":"#### 55 Requirements for continuing professional development audit program\n\n55 Requirements for continuing professional development audit program\n\n> > (1) A recognition or registration scheme must provide for an effective audit program under section 55(2)(a)(iv) of the Act that meets the following requirements—\n> > \n> > > (a) the program must be conducted at least once each year,\n> > \n> > > (b) the program must ensure that audits are carried out in relation to the continuing professional development requirements imposed under the scheme, including the records that are required to be kept by professional engineers under Schedule 3, clause 3,\n> > \n> > > (c) an audit under the program must be carried out by an auditor—\n> > > \n> > > > (i) with appropriate training and experience for the type of audit, and\n> > > \n> > > > (ii) who does not have a conflict of interest in relation to the audit,\n> > \n> > > (d) the program must ensure that an auditor who carries out an audit on behalf of the recognised engineering body makes a written declaration stating that the auditor does not have a conflict of interest, whether actual, perceived or otherwise, in carrying out the audit,\n> > \n> > > (e) a professional engineer who is recognised or registered under the scheme must be able to apply for a review of an audit under the program.\n> \n> > (2) A recognition or registration scheme must provide that a recognised engineering body must give written notice to the Secretary specifying information about the following matters—\n> > \n> > > (a) the results of the audit program for each year ending on 30 June in the form of a written report, including the number of audits carried out, the names of the persons who were audited and the outcomes of the audits,\n> > \n> > > (b) any errors identified under the program after the information in paragraph (a) is first given to the Secretary,\n> > \n> > > (c) a person refusing to comply with an audit for a period of more than 30 days after first being requested to do so, including the person’s name and contact details.\n> \n> > (3) Written notice must be given—\n> > \n> > > (a) for subclause (2)(a)—within 3 months after each year ending on 30 June, and\n> > \n> > > (b) for subclause (2)(b) and (c)—within 7 days after the matter first occurring.","sortOrder":102},{"sectionNumber":"56","sectionType":"section","heading":"Public website must be maintained","content":"#### 56 Public website must be maintained\n\n56 Public website must be maintained\n\n> > (1) A recognition or registration scheme must provide for a website to be maintained that includes the following information—\n> > \n> > > (a) the process for applying to the recognised engineering body to be recognised or registered as a professional engineer under the scheme, including the qualifications, knowledge, skills, experience, insurance and continuing professional development requirements for the application,\n> > \n> > > (b) the conditions imposed on professional engineers who are recognised or registered under the scheme,\n> > \n> > > (c) the grounds for taking disciplinary action against professional engineers who are recognised or registered under the scheme and the type of disciplinary action that may be taken,\n> > \n> > > (d) a searchable register of professional engineers who are currently, or were within the last 10 years, recognised or registered under the scheme, including—\n> > > \n> > > > (i) the dates of registration, renewal and expiry of recognition or registration, and\n> > > \n> > > > (ii) the dates of suspension or cancellation of recognition or registration, and\n> > > \n> > > > (iii) details of disciplinary action taken against a particular recognised or registered professional engineer,\n> > \n> > > (e) information about how a person may make a complaint about a professional engineer who is recognised or registered under the scheme,\n> > \n> > > (f) the process that will be followed by the body in relation to receiving and managing complaints and resolution of disputes involving professional engineers who are recognised or registered under the scheme,\n> > \n> > > (g) other information required to be included on the website by the Secretary by written notice given to the body.\n> \n> > (2) Information required to be included on the website must—\n> > \n> > > (a) be included in a prominent location, and\n> > \n> > > (b) be up to date, and\n> > \n> > > (c) be freely available to members of the public.","sortOrder":103},{"sectionNumber":"57","sectionType":"section","heading":"Insurance requirements under recognition or registration scheme","content":"#### 57 Insurance requirements under recognition or registration scheme\n\n57 Insurance requirements under recognition or registration scheme\n\n> A recognition or registration scheme must provide for the following insurance requirements—\n> \n> > (a) for the recognised engineering body—the recognised engineering body must hold an insurance policy that, in the reasonable opinion of the body, provides an adequate level of indemnity for the liability that could be incurred by the body in the course of the body carrying out the recognition function,\n> \n> > (b) for a professional engineer who is recognised or registered by a recognised engineering body—the professional engineer satisfies the insurance requirements imposed by the scheme.","sortOrder":104},{"sectionNumber":"58","sectionType":"section","heading":null,"content":"#### 58\n\n58 (Repealed)","sortOrder":105},{"sectionNumber":"59","sectionType":"section","heading":"Record keeping under recognition or registration scheme","content":"#### 59 Record keeping under recognition or registration scheme\n\n59 Record keeping under recognition or registration scheme\n\n> > (1) A recognition or registration scheme must provide for the keeping of copies of registration records by a recognised engineering body for a minimum of 10 years.\n> \n> > (2) In this clause—\n> > \n> > registration records means—\n> > \n> > > (a) documents relating to the application of persons as professional engineers under the recognition or registration scheme, including documents about the assessment of those persons, and\n> > \n> > > (b) for each person who is granted recognition or registration as a professional engineer under the scheme, records of the following—\n> > > \n> > > > (i) conditions imposed by the body on the person,\n> > > \n> > > > (ii) investigations of the person carried out by the body,\n> > > \n> > > > (iii) complaints made about the person or referred to the body about the person,\n> > > \n> > > > (iv) disciplinary action taken by the body against the person,\n> > > \n> > > > (v) audits conducted by the body, and\n> > \n> > > (c) a document that sets out each person who has been granted recognition or registration as a professional engineer under the scheme.","sortOrder":107},{"sectionNumber":"60","sectionType":"section","heading":"Transition strategy if recognition of recognised engineering body is cancelled","content":"#### 60 Transition strategy if recognition of recognised engineering body is cancelled\n\n60 Transition strategy if recognition of recognised engineering body is cancelled\n\n> > A recognition or registration scheme must provide for a strategy in relation to what is to occur to professional engineers who are recognised or registered under the scheme if the recognised engineering body no longer provides for the recognition or registration of those persons.\n> \n> **cl 60:** Am 2022 (62), Sch 1\\[19\\].","sortOrder":108},{"sectionNumber":"61","sectionType":"section","heading":"Transition strategy must address certain matters","content":"#### 61 Transition strategy must address certain matters\n\n61 Transition strategy must address certain matters\n\n> A recognition or registration scheme must ensure that a strategy in relation to what is to occur to professional engineers who are recognised or registered under the scheme if the recognised engineering body no longer provides for the recognition or registration addresses the following—\n> \n> > (a) how members of the public and professional engineers who are recognised or registered under the scheme will be notified,\n> \n> > (b) details of any transition period to be provided to professional engineers,\n> \n> > (b1) how professional engineers will be able to transition to be recognised or registered—\n> > \n> > > (i) under another recognised engineering body’s recognition or registration scheme, or\n> > \n> > > (ii) under Pathway 1 set out in Schedule 2, clause 27,\n> \n> > (b2) the date the recognised engineering body’s recognition will be cancelled,\n> \n> > (c) how fees will be reimbursed to professional engineers, if applicable,\n> \n> > (d) what is to happen to records and information held by the body that relate to professional engineers.\n> \n> **cl 61:** Am 2022 (62), Sch 1\\[20\\].","sortOrder":109},{"sectionNumber":"61A","sectionType":"section","heading":"Public notice of suspension or cancellation of recognition of recognised engineering body","content":"#### 61A Public notice of suspension or cancellation of recognition of recognised engineering body\n\n61A Public notice of suspension or cancellation of recognition of recognised engineering body\n\n> > (1) For the purposes of the Act, section 55(3)(g), the Secretary must publish a notice in the Gazette if a professional body of engineers is no longer able to exercise the functions of a recognised engineering body because the body’s recognition is suspended or cancelled.\n> \n> > (2) The notice must be published as soon as practicable after the suspension or cancellation.\n> \n> **cl 61A:** Ins 2022 (62), Sch 1\\[21\\].","sortOrder":110},{"sectionNumber":"62","sectionType":"section","heading":"Transition of recognised or registered professional engineers under scheme","content":"#### 62 Transition of recognised or registered professional engineers under scheme\n\n62 Transition of recognised or registered professional engineers under scheme\n\n> > (1) If a recognised engineering body no longer provides for the recognition or registration of professional engineers, a professional engineer who was recognised or registered under the body’s recognition or registration scheme is taken to continue to be registered under the Act (a prescribed engineer).\n> \n> > (2) A prescribed engineer must continue to comply with the insurance and continuing professional development requirements that were imposed by the body until the date on which the prescribed engineer’s registration is due to expire or be renewed.\n> \n> > (3) A recognition or registration to which this clause applies remains in force for the remainder of the term of recognition or registration, unless sooner suspended or cancelled by the Secretary.","sortOrder":112},{"sectionNumber":"Part 6","sectionType":"part","heading":"Insurance","content":"# Part 6 Insurance\n\nPart 6 Insurance","sortOrder":113},{"sectionNumber":"63","sectionType":"section","heading":"Definitions","content":"#### 63 Definitions\n\n63 Definitions\n\n> In this Part—\n> \n> design work means the provision of a design compliance declaration or the preparation of a regulated design.\n> \n> insured person means the individual or body corporate to whom the professional indemnity policy is issued.\n> \n> liability of a registered practitioner means liability to pay compensatory damages for breach of professional duty as a registered practitioner arising from—\n> \n> > (a) an act or omission of the practitioner, or\n> \n> > (b) conduct of the practitioner that would constitute a breach of one or more of the following provisions, or a failure by the practitioner to comply with a guarantee that applies because of one or more of the following provisions—\n> > \n> > > (i) the [Australian Consumer Law](http://www.legislation.gov.au/) of the Commonwealth, sections 18, 29 or 30, or Part 3–2, Division 1, Subdivision B,\n> > \n> > > (ii) a provision of the legislation of this, or another State or Territory, that corresponds to a provision in subparagraph (i).\n> \n> principal design work means the provision of a principal compliance declaration.\n> \n> professional indemnity policy means an insurance policy that complies with the provisions of this Part and that indemnifies an individual, body corporate or partnership against the liability of the registered design practitioner, registered principal design practitioner or registered professional engineer covered by the policy.\n> \n> registered employee of a body corporate or partnership means an employee of the body corporate or partnership who is a registered individual.\n> \n> registered individual means an individual who is a registered design practitioner, registered principal design practitioner or registered professional engineer.\n> \n> registered partner of a partnership means a partner in the partnership who is a registered individual.","sortOrder":115},{"sectionNumber":"64","sectionType":"section","heading":"Professional indemnity policy required for registered design practitioners","content":"#### 64 Professional indemnity policy required for registered design practitioners\n\n64 Professional indemnity policy required for registered design practitioners\n\n> > (1) For the purposes of section 11(2)(a) of the Act, a registered design practitioner must be indemnified under a professional indemnity policy that complies with this Division and Division 5.\n> \n> > (2) A registered individual who is a registered design practitioner must ensure that all design work carried out by the individual is indemnified under a professional indemnity policy that complies with this Division and Division 5.","sortOrder":117},{"sectionNumber":"65","sectionType":"section","heading":"Professional indemnity policy required for registered principal design practitioners","content":"#### 65 Professional indemnity policy required for registered principal design practitioners\n\n65 Professional indemnity policy required for registered principal design practitioners\n\n> > (1) For the purposes of section 14(2)(a) of the Act, a registered principal design practitioner must be indemnified under a professional indemnity policy that complies with this Division and Division 5.\n> \n> > (2) A registered individual who is a registered principal design practitioner must ensure that all principal design work carried out by the individual is indemnified under a professional indemnity policy that complies with this Division and Division 5.","sortOrder":118},{"sectionNumber":"66","sectionType":"section","heading":"Individual policies extend to all liability","content":"#### 66 Individual policies extend to all liability\n\n66 Individual policies extend to all liability\n\n> A professional indemnity policy that is issued to a registered individual who is a registered design practitioner or registered principal design practitioner must extend the indemnity provided to all liability of the registered individual incurred at any time since the registered individual first became a registered design practitioner or a registered principal design practitioner.","sortOrder":119},{"sectionNumber":"67","sectionType":"section","heading":"Partnership policies extend to all liability","content":"#### 67 Partnership policies extend to all liability\n\n67 Partnership policies extend to all liability\n\n> > (1) A professional indemnity policy that is issued to a partnership must extend to all liability incurred by each registered design practitioner or registered principal design practitioner who, at any time before or during the term of the policy, is a registered partner or registered employee of the partnership—\n> > \n> > > (a) while the registered design practitioner or registered principal design practitioner was a registered partner or a registered employee of the partnership, and\n> > \n> > > (b) in the course of carrying out the following work on behalf of the partnership—\n> > > \n> > > > (i) for the design practitioner—design work,\n> > > \n> > > > (ii) for the principal design practitioner—principal design work.\n> \n> > (2) The indemnity must extend to a person who has been a registered partner or registered employee of the body corporate regardless of whether the person ceased to be a registered partner or registered employee before the policy commenced.","sortOrder":120},{"sectionNumber":"68","sectionType":"section","heading":"Corporate policies to extend to all liability","content":"#### 68 Corporate policies to extend to all liability\n\n68 Corporate policies to extend to all liability\n\n> > (1) A professional indemnity policy that is issued to a body corporate must extend the indemnity provided to—\n> > \n> > > (a) if the body corporate is a registered body corporate who is a registered design practitioner or registered principal design practitioner—all liability of the registered body corporate incurred at any time since the registered body corporate first became a registered design practitioner or registered principal design practitioner, and\n> > \n> > > (b) for each registered design practitioner or registered principal design practitioner who, at any time before or during the term of the policy, is a registered employee of the body corporate—all liability of the registered design practitioner or registered principal design practitioner incurred—\n> > > \n> > > > (i) while the registered design practitioner or registered principal design practitioner was a registered employee of the body corporate, and\n> > > \n> > > > (ii) in the course of the design practitioner carrying out design work, or the principal design practitioner carrying out principal design work, on behalf of the body corporate.\n> \n> > (2) The indemnity must extend to a person who has been a registered employee of the body corporate regardless of whether the person ceased to be a registered employee before the policy commenced.","sortOrder":121},{"sectionNumber":"69","sectionType":"section","heading":"Registered professional engineers must meet insurance requirements","content":"#### 69 Registered professional engineers must meet insurance requirements\n\n69 Registered professional engineers must meet insurance requirements\n\n> > For the purposes of section 33(2) of the Act, a registered professional engineer must—\n> > \n> > > (a) be indemnified under a professional indemnity policy that complies with this Division and Division 5, or\n> > \n> > > (b) be part of an approved arrangement under clause 70 (an approved arrangement) that provides indemnity against liability to which the professional engineer may become subject as a result of carrying out professional engineering work.","sortOrder":123},{"sectionNumber":"70","sectionType":"section","heading":"Approved arrangements for professional engineers","content":"#### 70 Approved arrangements for professional engineers\n\n70 Approved arrangements for professional engineers\n\n> For the purposes of section 33(2)(b) of the Act, a registered professional engineer is part of an approved arrangement if—\n> \n> > (a) for a professional engineer who is a member of a professional body of engineers that operates with a professional standards scheme—the professional engineer satisfies the insurance requirements imposed by the body in accordance with the professional standards scheme, or\n> \n> > (b) for a professional engineer who is recognised or registered by a recognised engineering body—the professional engineer satisfies the insurance requirements imposed by the body under the body’s recognition or registration scheme.","sortOrder":124},{"sectionNumber":"71","sectionType":"section","heading":"Professional indemnity policies for professional engineers","content":"#### 71 Professional indemnity policies for professional engineers\n\n71 Professional indemnity policies for professional engineers\n\n> > A registered professional engineer who is indemnified under a professional indemnity policy must ensure that all professional engineering work carried out by the professional engineer is indemnified under a professional indemnity policy that complies with this Division and Division 5.","sortOrder":125},{"sectionNumber":"72","sectionType":"section","heading":"Individual policies extend to all liability","content":"#### 72 Individual policies extend to all liability\n\n72 Individual policies extend to all liability\n\n> A professional indemnity policy issued to a registered individual who is a registered professional engineer must extend the indemnity provided to all liability of the registered individual incurred at any time since the registered individual first became a registered professional engineer.","sortOrder":126},{"sectionNumber":"73","sectionType":"section","heading":"Partnership policies extend to all liability","content":"#### 73 Partnership policies extend to all liability\n\n73 Partnership policies extend to all liability\n\n> > (1) A professional indemnity policy issued to a partnership must extend to all liability incurred by each registered professional engineer who, at any time before or during the term of the policy, is a registered partner or registered employee of the partnership—\n> > \n> > > (a) while the registered professional engineer was a registered partner or a registered employee of the partnership, and\n> > \n> > > (b) in the course of carrying out professional engineering work on behalf of the partnership.\n> \n> > (2) The indemnity must extend to a person who has been a registered partner or registered employee of the body corporate regardless of whether the person ceased to be a registered partner or registered employee before the policy commenced.","sortOrder":127},{"sectionNumber":"74","sectionType":"section","heading":"Corporate policies to extend to all liability","content":"#### 74 Corporate policies to extend to all liability\n\n74 Corporate policies to extend to all liability\n\n> > (1) A professional indemnity policy issued to a body corporate must indemnify each registered professional engineer who, at any time before or during the term of the policy, is a registered employee of the body corporate, for all liability of the professional engineer incurred—\n> > \n> > > (a) while the registered professional engineer was a registered employee of the body corporate, and\n> > \n> > > (b) in the course of the registered professional engineer carrying out professional engineering work on behalf of the body corporate.\n> \n> > (2) The indemnity must extend to a person who has been a registered employee of the body corporate regardless of whether the person ceased to be a registered employee before the policy commenced.","sortOrder":128},{"sectionNumber":"75","sectionType":"section","heading":"Registered building practitioners must meet insurance requirements","content":"#### 75 Registered building practitioners must meet insurance requirements\n\n75 Registered building practitioners must meet insurance requirements\n\n> > (1) For the purposes of section 24(2)(a) of the Act, a registered building practitioner must be indemnified under an insurance policy, whether a professional indemnity policy or otherwise, that complies with this clause.\n> \n> > (2) An insurance policy must, in the reasonable opinion of the registered building practitioner concerned, provide for an adequate level of indemnity for the liability that could be incurred by the practitioner in the course of the practitioner’s work.\n> \n> > (3) In determining whether a policy provides for an adequate level of indemnity, the practitioner must take into account the following matters—\n> > \n> > > (a) the nature and risks associated with the work typically carried out by the practitioner,\n> > \n> > > (b) the volume of the work typically carried out by the practitioner,\n> > \n> > > (c) the length of time that the practitioner has been registered,\n> > \n> > > (d) a reasonable estimate of claims that could be brought against the practitioner on the basis of paragraphs (a)–(c),\n> > \n> > > (e) the financial capacity of the practitioner,\n> > \n> > > (f) any limits, exceptions, exclusions, terms or conditions of the policy.","sortOrder":130},{"sectionNumber":"76","sectionType":"section","heading":"Registered building practitioners may be exempt from insurance requirements","content":"#### 76 Registered building practitioners may be exempt from insurance requirements\n\n76 Registered building practitioners may be exempt from insurance requirements\n\n> For the purposes of section 24(4) of the Act, the Secretary may exempt a registered building practitioner from the requirement to be adequately insured in relation to the provision of a building compliance declaration, but only if the Secretary is satisfied by the practitioner that—\n> \n> > (a) the practitioner is unable to obtain an insurance policy that provides indemnity against the liability to which the practitioner may become subject as a result of providing the compliance declaration, and\n> \n> > (b) the practitioner is adequately insured, in accordance with clause 75, in relation to the doing of building work relating to the compliance declaration.","sortOrder":131},{"sectionNumber":"Division 5","sectionType":"division","heading":"Adequacy of cover","content":"## Division 5 Adequacy of cover\n\nDivision 5 Adequacy of cover","sortOrder":132},{"sectionNumber":"77","sectionType":"section","heading":"Certain registered practitioners to determine adequate coverage of policy","content":"#### 77 Certain registered practitioners to determine adequate coverage of policy\n\n77 Certain registered practitioners to determine adequate coverage of policy\n\n> > (1) A professional indemnity policy must, in the reasonable opinion of a registered design practitioner, registered principal design practitioner or registered professional engineer, provide for an adequate level of indemnity for the liability that could be incurred by the practitioner or professional engineer in the course of their work.\n> \n> > (2) In determining whether a policy provides for an adequate level of indemnity, the registered design practitioner, registered principal design practitioner or registered professional engineer must take into account the following matters—\n> > \n> > > (a) the nature and risks associated with the work typically carried out by the practitioner or professional engineer,\n> > \n> > > (b) the volume of the work typically carried out by the practitioner or professional engineer,\n> > \n> > > (c) the length of time that the practitioner or professional engineer has been registered,\n> > \n> > > (d) a reasonable estimate of claims that could be brought against the practitioner or professional engineer on the basis of paragraphs (a)–(c),\n> > \n> > > (e) the financial capacity of the practitioner or professional engineer,\n> > \n> > > (f) any limits, exceptions, exclusions, terms or conditions of the policy, but only if the matters are not inconsistent with the requirements of this Part.\n> \n> > (3) This clause does not limit the operation of Divisions 2 or 3 of this Part.","sortOrder":133},{"sectionNumber":"78","sectionType":"section","heading":"Practitioners must keep records relating to adequacy of policy","content":"#### 78 Practitioners must keep records relating to adequacy of policy\n\n78 Practitioners must keep records relating to adequacy of policy\n\n> > It is a condition of registration as a registered practitioner that the practitioner must—\n> > \n> > > (a) keep written records specifying how the practitioner has determined that a policy provides for an adequate level of indemnity under clause 75 or 77, and\n> > \n> > > (b) maintain the records for at least 5 years, and\n> > \n> > > (c) provide copies of the records to the Secretary if requested by the Secretary in writing to do so.","sortOrder":134},{"sectionNumber":"79","sectionType":"section","heading":"Matters occurring after expiry date of policy","content":"#### 79 Matters occurring after expiry date of policy\n\n79 Matters occurring after expiry date of policy\n\n> > (1) The indemnity provided by a professional indemnity policy may, subject to clauses 75 and 77, be limited to liability in relation to which a claim is made against an insured person and notified to the insurer before the policy’s expiry date.\n> \n> > (2) Nothing in this clause requires a professional indemnity policy to provide indemnity for liability incurred after the policy’s expiry date.\n> \n> > (3) In this clause—\n> > \n> > expiry date of a professional indemnity policy means the date specified in the policy as the policy’s expiry date.\n> \n> **cl 79:** Am 2024 (5), Sch 1\\[3\\] \\[4\\].","sortOrder":135},{"sectionNumber":"80","sectionType":"section","heading":"Policy may be subject to limit of indemnity","content":"#### 80 Policy may be subject to limit of indemnity\n\n80 Policy may be subject to limit of indemnity\n\n> A professional indemnity policy may, only if the policy is not inconsistent with the requirements of this Part, be subject to the following—\n> \n> > (a) a limit of indemnity for one claim,\n> \n> > (b) a limit of indemnity for all claims occurring in one year.","sortOrder":136},{"sectionNumber":"81","sectionType":"section","heading":"Policy may be subject to exceptions or exclusions","content":"#### 81 Policy may be subject to exceptions or exclusions\n\n81 Policy may be subject to exceptions or exclusions\n\n> A professional indemnity policy may, subject to clauses 75 and 77, contain exceptions or exclusions that are not inconsistent with the requirements of this Part.","sortOrder":137},{"sectionNumber":"82","sectionType":"section","heading":"Work carried out before registration","content":"#### 82 Work carried out before registration\n\n82 Work carried out before registration\n\n> To avoid doubt, nothing in this Part requires a registered practitioner to be insured in relation to work to which the practitioner’s registration relates that was carried out by the practitioner at any time before the practitioner first became a registered practitioner.","sortOrder":138},{"sectionNumber":"Division 6","sectionType":"division","heading":"Miscellaneous","content":"## Division 6 Miscellaneous\n\nDivision 6 Miscellaneous","sortOrder":139},{"sectionNumber":"83","sectionType":"section","heading":"Secretary may require information about insurance policies","content":"#### 83 Secretary may require information about insurance policies\n\n83 Secretary may require information about insurance policies\n\n> For the purposes of section 105(1)(f) of the Act, the following information is prescribed—\n> \n> > (a) information about the policy schedule and endorsements,\n> \n> > (b) details of applications made and disclosures,\n> \n> > (c) details of completed claims,\n> \n> > (d) details of legal proceedings that relate to a claim,\n> \n> > (e) details of amounts paid out in relation to a claim.","sortOrder":140},{"sectionNumber":"Part 7","sectionType":"part","heading":"Record keeping","content":"# Part 7 Record keeping\n\nPart 7 Record keeping","sortOrder":141},{"sectionNumber":"84","sectionType":"section","heading":"Record keeping generally","content":"#### 84 Record keeping generally\n\n84 Record keeping generally\n\n> > (1) This Part sets out the records that a prescribed practitioner must keep for the purposes of section 107(2)(d) of the Act.\n> \n> > (2) A record required to be kept by a prescribed practitioner under this Part is required to be kept—\n> > \n> > > (a) at the practitioner’s business premises or in another secure place, or\n> > \n> > > (b) at another location, or in another way, approved by the Secretary.\n> \n> > (3) A record must be kept securely and must be in a form that can be readily inspected.\n> \n> > (4) A record must be kept under this Part for the period of at least 10 years, beginning on the date on which completion of building work occurs within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 6.20(2), as if a reference to a building or building work in that Act is a reference to a building or building work in the Act.\n> > \n> > Note—\n> > \n> > While this Part may not require a document to be kept for more than 10 years, other legislation may impose a requirement that the document be kept longer.\n> \n> > (5) A requirement to retain records continues to apply to a practitioner even if the practitioner ceases to be a prescribed practitioner.\n> \n> > (6) A prescribed practitioner must not fail to comply with a requirement under this Part.\n> > \n> > Maximum penalty—200 penalty units for a body corporate or 100 penalty units for an individual.\n> \n> > (7) It is a defence to a prosecution for an offence under subclause (6) if the defendant satisfies the court that the defendant had a reasonable excuse for the alleged failure to keep a record for the purposes of this Part.","sortOrder":142},{"sectionNumber":"85","sectionType":"section","heading":"Record keeping for all prescribed practitioners","content":"#### 85 Record keeping for all prescribed practitioners\n\n85 Record keeping for all prescribed practitioners\n\n> > (1) A prescribed practitioner must, for each year to which the practitioner’s registration relates, keep a record of each project for building work for which a compliance declaration is, or was, issued by the practitioner.\n> \n> > (2) The record must include the following information relating to the project—\n> > \n> > > (a) the number of compliance declarations provided by the practitioner,\n> > \n> > > (b) the class of building,\n> > \n> > > (c) the name of the developer in relation to the work, including any person who is authorised to carry out work on the developer’s behalf, and the developer’s place of business,\n> > \n> > > (d) the name of the local government area in which the project is located,\n> > \n> > > (e) the address of the land or premises on which the project is located, including the lot and deposited plan number,\n> > \n> > > (f) the name of the person who engaged the practitioner,\n> > \n> > > (g) the name of the owner of the land or premises,\n> > \n> > > (h) the name and registration number of other registered practitioners involved in the project.\n> \n> > (3) In this clause—\n> > \n> > developer has the same meaning as it has in the [Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020](/view/html/inforce/current/act-2020-009), as if a reference to building work in that Act is a reference to building work in the Act.","sortOrder":143},{"sectionNumber":"86","sectionType":"section","heading":"Record keeping for design practitioners","content":"#### 86 Record keeping for design practitioners\n\n86 Record keeping for design practitioners\n\n> A registered design practitioner must keep copies of the following—\n> \n> > (a) a regulated design for which a design compliance declaration was provided by the practitioner,\n> \n> > (b) a design compliance declaration provided by the practitioner under section 9 of the Act.","sortOrder":144},{"sectionNumber":"87","sectionType":"section","heading":"Record keeping for principal design practitioners","content":"#### 87 Record keeping for principal design practitioners\n\n87 Record keeping for principal design practitioners\n\n> A registered principal design practitioner must keep copies of the following—\n> \n> > (a) a design compliance declaration provided for building work to the practitioner by a registered design practitioner,\n> \n> > (b) a principal compliance declaration provided by the registered principal design practitioner under section 12 of the Act,\n> \n> > (c) a notice provided by a registered building practitioner under clause 23 or 24.","sortOrder":145},{"sectionNumber":"88","sectionType":"section","heading":"Record keeping for building practitioners","content":"#### 88 Record keeping for building practitioners\n\n88 Record keeping for building practitioners\n\n> A registered building practitioner must keep copies of the following—\n> \n> > (a) a relevant document within the meaning of section 15(4) of the Act,\n> \n> > (b) a written notice given to the registered building practitioner under section 16 of the Act,\n> \n> > (c) a building compliance declaration, contractor document and other required documents required to be provided by the registered building practitioner under section 17 of the Act,\n> \n> > (d) a document required to be obtained by the building practitioner under the following sections of the Act—\n> > \n> > > (i) section 18(b) and (c),\n> > \n> > > (ii) section 19,\n> > \n> > > (iii) section 20(2)(c) and (d) and (3)(c) and (d),\n> > \n> > > (iv) section 21,\n> \n> > (e) a variation statement prepared by the practitioner for the purposes of section 20(1) of the Act.","sortOrder":146},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Sydney Metro work","content":"# Part 7A Sydney Metro work\n\nPart 7A Sydney Metro work\n\n**pt 7A:** Ins 2022 (783), Sch 1\\[9\\].","sortOrder":147},{"sectionNumber":"88A","sectionType":"section","heading":"Definitions","content":"#### 88A Definitions\n\n88A Definitions\n\n> In this Part—\n> \n> over station enabling work means building work, other than Sydney Metro work, that is—\n> \n> > (a) approved to be carried out in compliance with an approval granted to Sydney Metro under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.2, and\n> \n> > (b) over, beside or near a train station.\n> \n> rail infrastructure has the same meaning as in the [Rail Safety National Law (NSW)](/view/html/inforce/current/act-2012-82a).\n> \n> Sydney Metro means the corporation constituted under the [Transport Administration Act 1988](/view/html/inforce/current/act-1988-109), section 38.\n> \n> Sydney Metro work means building work that is—\n> \n> > (a) approved to be carried out in compliance with an approval granted to Sydney Metro under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.2, and\n> \n> > (b) for a train station, depot, stabling yard or other rail infrastructure.\n> \n> **cl 88A:** Ins 2022 (783), Sch 1\\[9\\].","sortOrder":148},{"sectionNumber":"88B","sectionType":"section","heading":"Work excluded from being building work relating to Sydney Metro","content":"#### 88B Work excluded from being building work relating to Sydney Metro\n\n88B Work excluded from being building work relating to Sydney Metro\n\n> > (1) For the Act, section 4(2)(b), the following work is excluded from being building work—\n> > \n> > > (a) Sydney Metro work,\n> > \n> > > (b) over station enabling work if—\n> > > \n> > > > (i) the approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), Division 5.2 was granted to Sydney Metro before 1 April 2022, and\n> > > \n> > > > (ii) the work does not exceed—\n> > > > \n> > > > > (A) the highest level containing fixed systems, plant or equipment used in connection with the operation or maintenance of the train station, depot, stabling yard or other rail infrastructure (the highest level), or\n> > > > \n> > > > > (B) if the work carried out is for the purpose of protecting the train station, depot, stabling yard or other rail infrastructure from the impact of building work—1 level above the highest level,\n> > \n> > > (c) work on a building, or part of a building, that—\n> > > \n> > > > (i) is not, or part of which is not, a class 2, 3 or 9c building, and\n> > > \n> > > > (ii) is otherwise considered to form a united building for the purposes of the National Construction Code, Part A7 by being connected or joined by a metro tunnel to an adjacent building that is, or part of which is, a class 2, 3 or 9c building.\n> \n> > (2) In this clause—\n> > \n> > metro tunnel does not include a tunnel used by pedestrians.\n> \n> **cl 88B:** Ins 2022 (783), Sch 1\\[9\\]. Am 2023 (65), Sch 1\\[13\\].","sortOrder":149},{"sectionNumber":"88C","sectionType":"section","heading":"Regulated designs for over station enabling work not required to be lodged with compliance declarations","content":"#### 88C Regulated designs for over station enabling work not required to be lodged with compliance declarations\n\n88C Regulated designs for over station enabling work not required to be lodged with compliance declarations\n\n> > (1) This clause applies if Sydney Metro or a building practitioner in relation to building work that is over station enabling work provides a copy of a relevant document to the design practitioner for building work above the station enabled by the over station enabling work.\n> \n> > (2) Despite Part 3, Division 1, a copy of a relevant document is not required to be provided to the Secretary with a compliance declaration.\n> \n> > (3) (Repealed)\n> \n> > (4) In this clause—\n> > \n> > relevant document means a copy of the following, in relation to building work that is over station enabling work—\n> > \n> > > (a) the construction issued regulated designs for the building work,\n> > \n> > > (b) a varied regulated design,\n> > \n> > > (c) a regulated design for a new building element or performance solution,\n> > \n> > > (d) a document referred to in clause 18(2)(b).\n> > \n> > Note—\n> > \n> > See clauses 16(3), definition of required documents, paragraph (a), 17(1)(b) and (d), 18(2)(b) and 19A(2)(c) and (4).\n> \n> **cl 88C:** Ins 2022 (783), Sch 1\\[9\\]. Rep 2022 (783), Sch 1\\[10\\].","sortOrder":150},{"sectionNumber":"88D","sectionType":"section","heading":"Special Sydney Metro–related qualifications and experience","content":"#### 88D Special Sydney Metro–related qualifications and experience\n\n88D Special Sydney Metro–related qualifications and experience\n\n> > (1) This clause applies to registration in the following classes of registration as a building practitioner—\n> > \n> > > (a) building practitioner—body corporate,\n> > \n> > > (b) building practitioner—general,\n> > \n> > > (c) building practitioner—body corporate nominee.\n> \n> > (2) For the Act, section 107(5), the Secretary may, despite the other provisions of this Regulation, grant registration as a building practitioner of a class to which this clause applies to a person who does not have the qualifications and experience required by Schedule 2 if—\n> > \n> > > (a) for a body corporate—the body corporate is a technically assured organisation under the Technically Assured Organisation Scheme operated by Transport for NSW (a technically assured organisation), or\n> > \n> > > (b) for an individual—the individual is nominated by a technically assured organisation.\n> \n> > (3) For the Act, section 49(1)(a), it is a condition of registration for a building practitioner registered under this clause that—\n> > \n> > > (a) the building practitioner must not do anything that relies on the building practitioner’s registration other than carry out over station enabling work, and\n> > \n> > > (b) for a body corporate—the body corporate must remain a technically assured organisation, and\n> > \n> > > (c) for an individual—the individual must remain a nominee of a technically assured organisation.\n> \n> **cl 88D:** Ins 2022 (783), Sch 1\\[9\\]. Subst 2022 (783), Sch 1\\[11\\].","sortOrder":151},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":152},{"sectionNumber":"89","sectionType":"section","heading":"Register of registered practitioners","content":"#### 89 Register of registered practitioners\n\n89 Register of registered practitioners\n\n> > (1) For the purposes of section 98(1) of the Act, the following particulars, to the extent that the particulars are relevant, are to be included in the register for each person who is, or has been, a registered practitioner—\n> > \n> > > (a) the person’s name,\n> > \n> > > (b) the address of the person’s place of business,\n> > \n> > > (c) the registration number of the person,\n> > \n> > > (d) the class and current status of the person’s registration,\n> > \n> > > (e) the date on which the person was first registered,\n> > \n> > > (f) the date on which current registration held by the person is due to expire,\n> > \n> > > (g) details of each condition that has been imposed on the person’s registration, other than a condition that is imposed on every registration, including—\n> > > \n> > > > (i) the nature of the condition, and\n> > > \n> > > > (ii) the date on which it was imposed, and\n> > > \n> > > > (iii) if the condition has been removed—the date on which the condition was removed,\n> > \n> > > (h) each date on which the person’s registration has been suspended and each date on which a suspension ended,\n> > \n> > > (i) the date on which the person’s registration was cancelled or otherwise ceased to have effect,\n> > \n> > > (j) details of grounds for taking disciplinary action against the person under Part 6 of the Act and details of the disciplinary action taken,\n> > \n> > > (k) details of an offence against the Act or this Regulation for which the person has been convicted,\n> > \n> > > (l) details of undertakings made under section 88 of the Act by the person,\n> > \n> > > (m) details of a warning notice published under section 99 of the Act warning persons about particular risks involved in dealing with the person.\n> \n> > (2) The Secretary may exclude the address of a person’s place of business from the register if—\n> > \n> > > (a) the person’s place of business is also the person’s place of residence, and\n> > \n> > > (b) the person applies to the Secretary for the address to be excluded from the register.\n> \n> **cl 89:** Am 2021 (312), Sch 1\\[6\\]; 2021 (743), Sch 1\\[6\\].","sortOrder":153},{"sectionNumber":"90","sectionType":"section","heading":"Appointment of authorised officers","content":"#### 90 Appointment of authorised officers\n\n90 Appointment of authorised officers\n\n> For the purposes of section 73(c) of the Act, the Secretary may appoint the following persons as an authorised officer for Part 7 of the Act—\n> \n> > (a) a person who is an officer, employee or agent of a local council,\n> \n> > (b) an investigation officer within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 9.13.","sortOrder":154},{"sectionNumber":"91","sectionType":"section","heading":"Penalty notice officers","content":"#### 91 Penalty notice officers\n\n91 Penalty notice officers\n\n> > (1) For the purposes of section 94(6) of the Act, definition of penalty notice officer, paragraph (b), the following persons are prescribed—\n> > \n> > > (a) an officer, employee or agent of a local council,\n> > \n> > > (b) an investigation officer within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 9.13.\n> \n> > (2) The Secretary may, if the Secretary considers it reasonable to do so, designate a person who is referred to in subclause (1)(a) or (b) as a penalty notice officer for the purposes of specified penalty notice offences.","sortOrder":155},{"sectionNumber":"92","sectionType":"section","heading":"Exchange of information","content":"#### 92 Exchange of information\n\n92 Exchange of information\n\n> > (1) For the purposes of section 104(1)(e) of the Act, the Secretary may provide information to a relevant agency that is reasonably necessary for the purposes of enabling or assisting the relevant agency to regulate or take other action in relation to the following matters—\n> > \n> > > (a) the assessment of an application, consent or certificate under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) for the purposes of determining whether or not the application, consent or certificate should be granted or issued,\n> > \n> > > (b) insurance required by or under the Act or another law in relation to regulated designs, compliance declarations, building work or professional engineering work,\n> > \n> > > (c) suspension or cancellation of registrations,\n> > \n> > > (d) imposition of conditions on registrations,\n> > \n> > > (e) disciplinary action taken against registered practitioners.\n> \n> > (2) For the purposes of section 104(7) of the Act, definition of relevant agency, paragraph (c), the following persons and bodies are prescribed in relation to one or more of the matters set out in section 104(1)(a)–(e) of the Act—\n> > \n> > > (a) an agency of this or another Australian jurisdiction that regulates or takes other action under legislation in connection with work to which the Act and this Regulation apply, including the Professional Standards Council and the Professional Standards Authority,\n> > \n> > > (b) a local council,\n> > \n> > > (c) an investigation officer within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 9.13,\n> > \n> > > (d) an owners corporation,\n> > \n> > > (e) a recognised engineering body,\n> > \n> > > (f) a professional body of engineers that operates with a professional standards scheme,\n> > \n> > > (g) an insurer that provides insurance in connection with the requirements of the Act.\n> \n> > (3) For the purposes of the Act, section 104(7), definition of relevant agency, paragraph (c), the following bodies are prescribed for the purposes of an information sharing arrangement between the body and the Secretary—\n> > \n> > > (a) professional bodies of engineers,\n> > \n> > > (b) recognised engineering bodies.\n> \n> **cl 92:** Am 2022 (62), Sch 1\\[22\\].","sortOrder":156},{"sectionNumber":"93","sectionType":"section","heading":"Delegation","content":"#### 93 Delegation\n\n93 Delegation\n\n> For the purposes of section 106(1)(b) of the Act, the Secretary may delegate the exercise of a function of the Secretary under the Act, other than the power of delegation, to a person employed by a government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040).","sortOrder":157},{"sectionNumber":"93A","sectionType":"section","heading":"Secretary’s power to waive, reduce, postpone or refund fees","content":"#### 93A Secretary’s power to waive, reduce, postpone or refund fees\n\n93A Secretary’s power to waive, reduce, postpone or refund fees\n\n> > (1) The Secretary may waive, reduce, postpone or refund, in whole or part, a fee payable or paid under the Act or this Regulation if the Secretary is satisfied it is appropriate because—\n> > \n> > > (a) the person who is to pay or has paid the fee is suffering financial hardship, or\n> > \n> > > (b) special circumstances exist.\n> > > \n> > > Example—\n> > > \n> > > Special circumstances include a natural disaster or recovery from a natural disaster.\n> \n> > (2) A professional body of engineers may, by written application to the Secretary, request a refund of the whole of application fees for the following if an application for recognition or renewal is withdrawn—\n> > \n> > > (a) recognition as a recognised engineering body,\n> > \n> > > (b) renewal of recognition as a recognised engineering body.\n> \n> **cl 93A:** Ins 2021 (312), Sch 1\\[7\\]. Am 2021 (417), Sch 1\\[3\\] \\[4\\]; 2022 (62), Sch 1\\[23\\].","sortOrder":158},{"sectionNumber":"93B","sectionType":"section","heading":"Partial refund of certain fees before registration","content":"#### 93B Partial refund of certain fees before registration\n\n93B Partial refund of certain fees before registration\n\n> > (1) The refundable component of a fee paid for an application for registration must be refunded if—\n> > \n> > > (a) the Secretary refuses the application, or\n> > \n> > > (b) the applicant withdraws the application before the Secretary determines the application.\n> \n> > (2) In this clause—\n> > \n> > refundable component, of a fee, is the amount set out in Schedule 7, Part 1, Column 2.\n> \n> **cl 93B:** Ins 2021 (312), Sch 1\\[7\\]. Am 2023 (65), Sch 1\\[14\\].","sortOrder":159},{"sectionNumber":"93C","sectionType":"section","heading":"Partial refund of certain fees after registration","content":"#### 93C Partial refund of certain fees after registration\n\n93C Partial refund of certain fees after registration\n\n> > (1) This clause applies to a fee for an application for registration for a period of 3 or 5 years, paid by or on behalf of a person who—\n> > \n> > > (a) has applied for, and received written notice from the Secretary of, the cancellation of the registration, or\n> > \n> > > (b) if the fee was paid by or on behalf of an individual—has died.\n> \n> > (2) The following persons may apply for a refund of the fee—\n> > \n> > > (a) the person who paid the fee,\n> > \n> > > (b) a person on behalf of the person who paid the fee,\n> > \n> > > (c) the legal representative of a deceased individual who paid the fee.\n> \n> > (3) A person may not apply for a refund if the registration was cancelled as a result of disciplinary action.\n> \n> > (4) The amount of the refund is—\n> > \n> > > (a) for a registration with a period of 3 years—one-third of the fee paid for each complete year remaining of the registration, or\n> > \n> > > (b) for a registration with a period of 5 years—one-fifth of the fee paid for each complete year remaining of the registration.\n> \n> **cl 93C:** Ins 2021 (312), Sch 1\\[7\\].","sortOrder":160},{"sectionNumber":"Part 9","sectionType":"part","heading":"Savings and transitional provisions","content":"# Part 9 Savings and transitional provisions\n\nPart 9 Savings and transitional provisions","sortOrder":161},{"sectionNumber":"94","sectionType":"section","heading":"Alternative pathway 1 for design practitioners—fire systems classes","content":"#### 94 Alternative pathway 1 for design practitioners—fire systems classes\n\n94 Alternative pathway 1 for design practitioners—fire systems classes\n\n> > (1) This clause applies to a person who, before the end of 30 June 2022, applies for registration as a design practitioner in 1 of the following classes—\n> > \n> > > (a) design practitioner—fire systems (detection and alarm systems),\n> > \n> > > (b) design practitioner—fire systems (fire hydrant and fire hose reel),\n> > \n> > > (c) design practitioner—fire systems (fire sprinkler).\n> \n> > (2) The person may, instead of meeting the qualifications specified in a qualifications pathway in Schedule 2 for the class of registration, satisfy the Secretary of the following—\n> > \n> > > (a) the person has enrolled or completed—\n> > > \n> > > > (i) a prescribed qualification, or\n> > > \n> > > > (ii) the units of competency specified in Schedule 2 for the relevant class,\n> > \n> > > (b) the person has a level of competency that would enable the person to carry out work that is permitted to be carried out by a design practitioner of the relevant class.\n> \n> > (3) A person to whom this clause applies—\n> > \n> > > (a) must complete the diploma, including the units of competency, no later than 3 years after the date on which the person is granted registration, and\n> > \n> > > (b) is permitted to hold registration for a period of 1 or 3 years.\n> \n> > (4) It is a condition of registration that a person to whom this clause applies who is granted registration as a design practitioner must—\n> > \n> > > (a) provide evidence to the Secretary of the completion of the diploma and the units of competency within 7 days after completing the diploma and the units, and\n> > \n> > > (b) if the person is no longer enrolled in the diploma or a particular unit of competency—notify the Secretary within 7 days after the person ceases to be enrolled.\n> \n> > (5) A person who is registered by the operation of this clause is, during the registration period, prohibited from—\n> > \n> > > (a) being authorised as an appropriate practitioner to provide documents on behalf of a registered building practitioner under clause 16 or 17, and\n> > \n> > > (b) applying for registration as a principal design practitioner under the Act.\n> \n> > (6) To avoid doubt, this clause extends to a person to whom Division 3 of this Part applies with any necessary modification.\n> \n> > (7) In this clause—\n> > \n> > prescribed qualification means an NVR approved Diploma of Fire Systems Design (CPC50509).\n> > \n> > registration period means the period for which registration is granted to a person under this clause, being a period of 1 or 3 years, but does not include a renewal of that registration.","sortOrder":163},{"sectionNumber":"95","sectionType":"section","heading":"Alternative pathway 2 for design practitioners—fire systems classes","content":"#### 95 Alternative pathway 2 for design practitioners—fire systems classes\n\n95 Alternative pathway 2 for design practitioners—fire systems classes\n\n> > (1) This clause applies to a person who, before the end of 30 June 2022, applies for registration as a design practitioner in 1 of the following classes—\n> > \n> > > (a) design practitioner—fire systems (detection and alarm systems),\n> > \n> > > (b) design practitioner—fire systems (fire hydrant and fire hose reel),\n> > \n> > > (c) design practitioner—fire systems (fire sprinkler).\n> \n> > (2) The Secretary may, despite the provisions of Schedule 2, grant registration in the class if the Secretary is satisfied that—\n> > \n> > > (a) the person has the experience, knowledge and skills specified for the class of registration in Schedule 2, and\n> > \n> > > (b) the person holds the following class of accreditation under the [Building and Development Certifiers Act 2018](/view/html/inforce/current/act-2018-063), Part 5 as an accredited practitioner (fire safety)—\n> > > \n> > > > (i) for a design practitioner in the class of design practitioner—fire systems (detection and alarm systems)—fire detection and alarm system design (level 3—advanced),\n> > > \n> > > > (ii) for a design practitioner in the class of design practitioner—fire systems (fire hydrant and fire hose reel)—fire hydrant and hose reel system design (level 3—advanced),\n> > > \n> > > > (iii) for a design practitioner in the class of design practitioner—fire systems (fire sprinkler)—\n> > > > \n> > > > > (A) fire sprinkler systems design (level 3—advanced), or\n> > > > \n> > > > > (B) fire sprinkler systems design (level 4—specialist).\n> \n> **cl 95:** Am 2021 (743), Sch 1\\[7\\].","sortOrder":164},{"sectionNumber":"96","sectionType":"section","heading":"Alternative pathway 3 for design practitioners—fire systems classes","content":"#### 96 Alternative pathway 3 for design practitioners—fire systems classes\n\n96 Alternative pathway 3 for design practitioners—fire systems classes\n\n> > (1) This clause applies to a person who, before the end of 31 December 2023, applies for registration as a design practitioner in 1 of the following classes—\n> > \n> > > (a) design practitioner—fire systems (fire hydrant and fire hose reel),\n> > \n> > > (b) design practitioner—fire systems (fire sprinkler).\n> \n> > (2) The Secretary may, despite the provisions of Schedule 2, grant registration in the class if the Secretary is satisfied that—\n> > \n> > > (a) the person has the experience, knowledge and skills specified for the class of registration in Schedule 2, and\n> > \n> > > (b) the person holds at least 1 of the following—\n> > > \n> > > > (i) an NVR approved diploma in hydraulic services design or a qualification that the Secretary is satisfied is at least equivalent to a diploma of that kind,\n> > > \n> > > > (ii) a qualification that was conferred by an Australian university or tertiary institution that has been assessed as being equivalent to a relevant qualification by an Australian signatory to the Washington Accord,\n> > > \n> > > > (iii) for a qualification that was conferred by a foreign university or tertiary institution that has been assessed as being equivalent to a relevant qualification by an assessing authority for the skilled occupation of civil engineer or mechanical engineer.\n> \n> > (3) In this clause—\n> > \n> > relevant qualification means—\n> > \n> > > (a) an accredited 4 year full-time or equivalent part-time undergraduate bachelor degree in civil engineering or mechanical engineering or engineering with a major in civil engineering or mechanical engineering, or\n> > \n> > > (b) an accredited postgraduate masters degree in civil engineering or mechanical engineering or engineering with a major in civil engineering or mechanical engineering.\n> \n> **cl 96:** Am 2021 (312), Sch 1\\[8\\]; 2023 (65), Sch 1\\[15\\].","sortOrder":165},{"sectionNumber":"97","sectionType":"section","heading":"Alternative pathways for professional engineers and certain design practitioners","content":"#### 97 Alternative pathways for professional engineers and certain design practitioners\n\n97 Alternative pathways for professional engineers and certain design practitioners\n\n> > (1) This clause applies to a person who, before the end of 30 June 2022, applies for registration as a—\n> > \n> > > (a) professional engineer, or\n> > \n> > > (b) a design practitioner in the class of—\n> > > \n> > > > (i) design practitioner—building design (low rise), or\n> > > \n> > > > (ii) design practitioner—building design (medium rise).\n> \n> > (2) The person may, instead of meeting the qualifications and experience requirements specified in Schedule 2 for a particular class of registration, satisfy the Secretary of the following—\n> > \n> > > (a) the person has the knowledge and skills specified for the class of registration in Schedule 2,\n> > \n> > > (b) the person has at least 10 years, or equivalent part-time, practical experience within the last 15 years that—\n> > > \n> > > > (i) must include at least 2 years of work carried out in Australia, and\n> > > \n> > > > (ii) for a design practitioner—must be relevant to the preparation of a regulated design or the provision of a compliance declaration for a class 2, 3, 9a or 9c building, and\n> > > \n> > > > (iii) for a professional engineer—must involve the carrying out of professional engineering work in a particular prescribed area of engineering for a class 2, 3, 9a or 9c building,\n> > \n> > > (c) the person has successfully completed a competency assessment,\n> > \n> > > (d) for registration as a professional engineer in a particular class of registration—\n> > > \n> > > > (i) the person has a qualification relevant to that class of registration, and\n> > > \n> > > > (ii) the qualification have been assessed as being suitable by the person or body that conducted the competency assessment.\n> \n> > (3) This clause is not available to a person unless—\n> > \n> > > (a) the Secretary has made a competency assessment available, or\n> > \n> > > (b) the Secretary has approved a body to conduct the competency assessment.","sortOrder":166},{"sectionNumber":"97A","sectionType":"section","heading":"Extension of alternative pathways until 31 December 2023","content":"#### 97A Extension of alternative pathways until 31 December 2023\n\n97A Extension of alternative pathways until 31 December 2023\n\n> > (1) Clause 95 extends, for the relevant period, to a person who applies for registration as—\n> > \n> > > (a) a design practitioner—fire systems (detection and alarm systems), or\n> > \n> > > (b) a design practitioner—fire systems (fire hydrant and fire hose reel), or\n> > \n> > > (c) a design practitioner—fire systems (fire sprinkler).\n> \n> > (2) Clause 97 extends, for the relevant period, to a person who applies for registration as—\n> > \n> > > (a) a professional engineer, or\n> > \n> > > (b) a design practitioner—building design (low rise), or\n> > \n> > > (c) a design practitioner—building design (medium rise).\n> \n> > (3) In this clause—\n> > \n> > relevant period means from the commencement of this clause until the end of 31 December 2023.\n> \n> **cl 97A:** Ins 2023 (65), Sch 1\\[16\\].","sortOrder":167},{"sectionNumber":"97B","sectionType":"section","heading":"Applications received before commencement of clause 97A","content":"#### 97B Applications received before commencement of clause 97A\n\n97B Applications received before commencement of clause 97A\n\n> > (1) This clause applies to a person who made an application for registration under clauses 95 or 97 between 1 July 2022 and the commencement of clause 97A.\n> \n> > (2) The Secretary may consider the application under clause 97A as if the application were made during the relevant period under that clause.\n> \n> **cl 97B:** Ins 2023 (65), Sch 1\\[16\\].","sortOrder":168},{"sectionNumber":"98","sectionType":"section","heading":"Definitions","content":"#### 98 Definitions\n\n98 Definitions\n\n> > In this Division—\n> > \n> > prescribed applicant—see clause 99(1).\n> > \n> > transitional period means the period beginning at the start of 1 July 2021 and ending at the end of 28 February 2022.\n> \n> **cl 98:** Am 2021 (743), Sch 1\\[8\\].","sortOrder":170},{"sectionNumber":"99","sectionType":"section","heading":"Application of Division","content":"#### 99 Application of Division\n\n99 Application of Division\n\n> > (1) This Division applies to a person who applies to the Secretary to be registered as a practitioner in a particular class of registration during the transitional period (a prescribed applicant).\n> \n> > (2) The Act and this Regulation, except as modified by this Division, continue to apply to a practitioner who is registered by the operation of this Division.\n> \n> > (3) The following provisions do not apply to an application made for registration during the transitional period—\n> > \n> > > (a) section 45 of the Act and regulations made under that section, except as modified by clause 100,\n> > \n> > > (b) section 48(1) of the Act.","sortOrder":171},{"sectionNumber":"100","sectionType":"section","heading":"Certain practitioners taken to hold deemed registration","content":"#### 100 Certain practitioners taken to hold deemed registration\n\n100 Certain practitioners taken to hold deemed registration\n\n> > (1) A prescribed applicant is taken to be registered in a particular class of registration for which the applicant is seeking registration if—\n> > \n> > > (a) the applicant duly makes an application for registration under section 43 of the Act that includes—\n> > > \n> > > > (i) the period for which the applicant is seeking registration, being a period of 1, 3 or 5 years, and\n> > > \n> > > > (ii) the class of registration as a practitioner for which the applicant is seeking registration, and\n> > \n> > > (b) the applicant is of the opinion that the applicant is a suitable person to carry out the work for which the applicant is seeking registration, and\n> > \n> > > (c) the applicant is an individual who is at least 18 years old in age, and\n> > \n> > > (d) the applicant is not a mentally incapacitated person, and\n> > \n> > > (e) the applicant is not an undischarged bankrupt, and\n> > \n> > > (f) the applicant is of the opinion that the applicant satisfies the qualification, experience, knowledge and skill requirements specified in—\n> > > \n> > > > (i) Schedule 2 for the particular class of registration, or\n> > > \n> > > > (ii) in Division 1, but only if the person has successfully completed a competency assessment as required in that Division, and\n> > \n> > > (g) the applicant’s registration was not previously cancelled by the Secretary under this Division.\n> \n> > (2) In this clause—\n> > \n> > applicant, for subclause (1)(b)–(e), includes a director of a body corporate if the applicant is a body corporate.","sortOrder":172},{"sectionNumber":"101","sectionType":"section","heading":"Secretary may permit or cancel deemed registration","content":"#### 101 Secretary may permit or cancel deemed registration\n\n101 Secretary may permit or cancel deemed registration\n\n> > (1) The Secretary may—\n> > \n> > > (a) permit a practitioner who is registered under this Division to continue to be registered, or\n> > \n> > > (b) cancel a practitioner’s registration.\n> \n> > (2) Without limiting subclause (1)(b), the Secretary—\n> > \n> > > (a) may cancel a practitioner’s registration if, in the opinion of the Secretary, the person’s registration does not meet the requirements specified in clause 100, and\n> > \n> > > (b) must cancel a practitioner’s registration if a ground referred to in section 45(3) of the Act applies to the person.\n> \n> > (3) The Secretary may permit a practitioner to continue to be registered in a class of design practitioner, principal design practitioner, building practitioner or professional engineer that the Secretary considers appropriate even if the practitioner’s application specified a different class.\n> \n> > (4) The Secretary must give the registered practitioner written notice of the Secretary’s decision to—\n> > \n> > > (a) permit the practitioner to continue to be registered, or\n> > \n> > > (b) permit the practitioner to continue to be registered in a different class than the class specified in the practitioner’s application, or\n> > \n> > > (c) cancel the practitioner’s registration.","sortOrder":173},{"sectionNumber":"102","sectionType":"section","heading":"Duration of deemed registration","content":"#### 102 Duration of deemed registration\n\n102 Duration of deemed registration\n\n> > A practitioner who is registered under this Division is taken to be registered for a period beginning on the date the practitioner made the application for registration and ending on—\n> > \n> > > (a) the date that is 1, 3 or 5 years, as specified in the practitioner’s application for registration, after the practitioner first makes the application, or\n> > \n> > > (b) if the Secretary makes a decision to cancel the practitioner’s registration—the date on which the Secretary gives the practitioner written notice of that decision.","sortOrder":174},{"sectionNumber":"103","sectionType":"section","heading":"Evidence of deemed registration","content":"#### 103 Evidence of deemed registration\n\n103 Evidence of deemed registration\n\n> > (1) The Secretary is to make appropriate arrangements to ensure that a prescribed applicant who makes an application to which this Division applies is issued with an application number or registration number for the application.\n> \n> > (2) During the deemed registration period—\n> > \n> > > (a) an application number or registration number is evidence of a practitioner’s registration under this Division, and\n> > \n> > > (b) each compliance declaration that is required to be provided by a registered design practitioner, principal design practitioner or building practitioner in accordance with the Act and this Regulation must include the application number or registration number.\n> \n> > (3) During the deemed registration period, a reference to a registration certificate in Part 5, Division 4 of the Act is to be read as a reference to an application number or registration number for an application.\n> \n> > (4) In this clause—\n> > \n> > deemed registration period means the period beginning on the date a prescribed applicant makes an application for registration and ending on the date the Secretary gives written notice to the registered practitioner under clause 101(4).","sortOrder":175},{"sectionNumber":"104","sectionType":"section","heading":"Return of cancelled, suspended or varied registration","content":"#### 104 Return of cancelled, suspended or varied registration\n\n104 Return of cancelled, suspended or varied registration\n\n> A person is not required to comply with section 59(1) and (2) of the Act before the end of 30 June 2022.","sortOrder":177},{"sectionNumber":"105","sectionType":"section","heading":"Carrying out of work without registration","content":"#### 105 Carrying out of work without registration\n\n105 Carrying out of work without registration\n\n> > (1) A person is not guilty of an offence against section 10, 13, 23 or 32(1) of the Act committed before the end of 7 July 2021 if the person applies for registration before that time.\n> \n> > (2) Section 32(2) of the Act does not have effect until the end of 1 August 2021.","sortOrder":178},{"sectionNumber":"106","sectionType":"section","heading":"Exemption from insurance requirements—the Act, s 107(5A)","content":"#### 106 Exemption from insurance requirements—the Act, s 107(5A)\n\n106 Exemption from insurance requirements—the Act, s 107(5A)\n\n> Registered building practitioners are exempt from the insurance requirements under the Act until 30 June 2026.\n> \n> **cl 106:** Am 2021 (312), Sch 1\\[9\\]. Subst 2022 (62), Sch 1\\[24\\]. Am 2023 (65), Sch 1\\[17\\]. Subst 2024 (194), Sch 1\\[5\\]. Am 2025 (276), Sch 2\\[2\\].","sortOrder":179},{"sectionNumber":"107","sectionType":"section","heading":"Transition to new classes of registration","content":"#### 107 Transition to new classes of registration\n\n107 Transition to new classes of registration\n\n> A person who, immediately before the commencement of the [Design and Building Practitioners Amendment Regulation 2022](/view/pdf/asmade/sl-2022-332), held a class of registration specified in Column 1 of the table to this clause is taken to hold the class of registration specified opposite in Column 2.\n> \n> | Column 1 | Column 2 |\n> | Design practitioner—architectural with condition for medium rise work | Design practitioner—architectural (medium rise) |\n> | Building practitioner—body corporate nominee with condition for low rise work | Building practitioner—body corporate nominee (low rise) |\n> | Building practitioner—body corporate nominee with condition for medium rise work | Building practitioner—body corporate nominee (medium rise) |\n> | Building practitioner—general with condition for low rise work | Building practitioner—general (low rise) |\n> | Building practitioner—general with condition for medium rise work | Building practitioner—general (medium rise) |\n> \n> **cl 107:** Ins 2022 (332), Sch 1\\[9\\].","sortOrder":180},{"sectionNumber":"108","sectionType":"section","heading":"Saving of exemption relating to particular building practitioners for Sydney Metro work until 31 July 2023","content":"#### 108 Saving of exemption relating to particular building practitioners for Sydney Metro work until 31 July 2023\n\n108 Saving of exemption relating to particular building practitioners for Sydney Metro work until 31 July 2023\n\n> > (1) This clause applies to a person exempt under former clause 88D immediately before 3 July 2023.\n> \n> > (2) If the person applies during the prescribed period for registration as a building practitioner, the person continues to be exempt under former clause 88D until—\n> > \n> > > (a) the person is granted registration under clause 88D(2), or\n> > \n> > > (b) 31 July 2023.\n> \n> > (3) In this clause—\n> > \n> > former clause 88D means clause 88D as in force immediately before 3 July 2023.\n> > \n> > prescribed period means from 3 July 2023 to 31 July 2023.\n> \n> **cl 108:** Ins 2022 (783), Sch 1\\[12\\].","sortOrder":181},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Classes of registration","content":"# Schedule 1 Classes of registration\n\nSchedule 1 Classes of registration\n\n**sch 1:** Am 2021 (312), Sch 1\\[10\\] \\[11\\]; 2021 (743), Sch 1\\[9\\]; 2022 (62), Sch 1\\[25\\]–\\[27\\]; 2022 (332), Sch 1\\[10\\]–\\[26\\]; 2023 (65), Sch 1\\[18\\]–\\[20\\]; 2023 (317), Sch 2\\[3\\].","sortOrder":182},{"sectionNumber":"6A","sectionType":"section","heading":"Design practitioner—architectural (low rise)","content":"#### 6A Design practitioner—architectural (low rise)\n\n6A Design practitioner—architectural (low rise)\n\n> > (1) A registered design practitioner who holds a design practitioner—architectural (low rise) class of registration is authorised to do the following—\n> > \n> > > (a) prepare or vary a regulated design of a type that would constitute the provision of an architectural service within the meaning of the [Architects Act 2003](/view/html/inforce/current/act-2003-089),\n> > \n> > > (b) make a design compliance declaration for a regulated design referred to in paragraph (a).\n> \n> > (2) The authorisation only applies to the design of a low rise building.","sortOrder":192},{"sectionNumber":"6B","sectionType":"section","heading":"Design practitioner—architectural (medium rise)","content":"#### 6B Design practitioner—architectural (medium rise)\n\n6B Design practitioner—architectural (medium rise)\n\n> > (1) A registered design practitioner who holds a design practitioner—architectural (medium rise) class of registration is authorised to do the following—\n> > \n> > > (a) prepare or vary a regulated design of a type that would constitute the provision of an architectural service within the meaning of the [Architects Act 2003](/view/html/inforce/current/act-2003-089),\n> > \n> > > (b) make a design compliance declaration for a regulated design referred to in paragraph (a).\n> \n> > (2) The authorisation only applies to the design of a medium rise building.","sortOrder":193},{"sectionNumber":"7A","sectionType":"section","heading":"Design practitioner—building design","content":"#### 7A Design practitioner—building design\n\n7A Design practitioner—building design\n\n> > (1) A registered design practitioner who holds a design practitioner—building design class of registration is authorised to do the following—\n> > \n> > > (a) for building work other than building work that is, or part of which is, a class 2 building—prepare or vary a regulated design in relation to the design of a building,\n> > \n> > > (b) make a design compliance declaration for the regulated design.\n> \n> > (2) Despite subclause (1), the design practitioner is not authorised prepare or vary a regulated design if the design is—\n> > \n> > > (a) a design that would constitute the provision of an architectural service within the meaning of the [Architects Act 2003](/view/html/inforce/current/act-2003-089), or\n> > \n> > > (b) a design that would constitute the carrying out of professional engineering work, or\n> > \n> > > (c) a design that may be prepared or varied by a design practitioner in the class of—\n> > > \n> > > > (i) design practitioner—fire systems (detection and alarm systems), or\n> > > \n> > > > (ii) design practitioner—fire systems (fire hydrant and fire hose reel), or\n> > > \n> > > > (iii) design practitioner—fire systems (fire sprinkler), or\n> > > \n> > > > (iv) design practitioner—fire systems (mechanical smoke control).","sortOrder":195},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Qualifications, experience, knowledge and skills","content":"# Schedule 2 Qualifications, experience, knowledge and skills\n\nSchedule 2 Qualifications, experience, knowledge and skills\n\nclause 34(7)\n\n**sch 2:** Am 2021 (152), Sch 2, cl 21(6) and (7); 2021 (312), Sch 1\\[12\\]–\\[16\\]; 2021 (743), Sch 1\\[10\\] \\[11\\]; 2022 (62), Sch 1\\[28\\]–\\[33\\]; 2022 (332), Sch 1\\[27\\]–\\[39\\]; 2022 (783), Sch 1\\[13\\]–\\[17\\]; 2023 (65), Sch 1\\[21\\]–\\[27\\] \\[28\\] (subst 2023 (317), Sch 3\\[5\\]) \\[29\\]–\\[52\\]; 2023 (71), Sch 1.2\\[2\\] \\[3\\]; 2024 (5), Sch 1\\[5\\] \\[6\\].","sortOrder":230},{"sectionNumber":"3AA","sectionType":"section","heading":"Satisfaction of certain knowledge and skills","content":"#### 3AA Satisfaction of certain knowledge and skills\n\n3AA Satisfaction of certain knowledge and skills\n\n> > (1) This clause applies if a class of registration requires the following knowledge or skills—\n> > \n> > > (a1) knowledge of the Act and this regulation,\n> > \n> > > (a) knowledge of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (b) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia, to the extent that the documents are relevant to this class of registration.\n> \n> > (2) The Secretary may deem the knowledge and skills to be satisfactory if the individual has successfully completed the following 2 courses—\n> > \n> > > (a) Navigating the Design and Building Practitioners (DBP) legislation,\n> > \n> > > (b) the Value of Australian Standards.","sortOrder":235},{"sectionNumber":"5A","sectionType":"section","heading":"Design practitioner—architectural (low rise)","content":"#### 5A Design practitioner—architectural (low rise)\n\n5A Design practitioner—architectural (low rise)\n\n> > (1) Qualifications Must—\n> > \n> > > (a) hold full registration as an architect within the meaning of the [Architects Act 2003](/view/html/inforce/current/act-2003-089), and\n> > \n> > > (b) be recorded as a practising architect in the register maintained by the Registrar of the NSW Architects Registration Board constituted under that Act.\n> \n> > (2) Knowledge Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia, to the extent that the documents are relevant to this class of registration,\n> > \n> > > (d) building design, including methods, materials and planning, to the extent that this knowledge is relevant to this class of registration.\n> \n> > (3) Skills Must be able to do the following—\n> > \n> > > (a) interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia,\n> > \n> > > (b) apply and assess compliance with relevant standards relating to the design of a building, including materials, finishes, fittings, components and systems of a building, to the extent that the standards are relevant to this class of registration.","sortOrder":240},{"sectionNumber":"5B","sectionType":"section","heading":"Design practitioner—architectural (medium rise)","content":"#### 5B Design practitioner—architectural (medium rise)\n\n5B Design practitioner—architectural (medium rise)\n\n> > (1) Qualifications Must—\n> > \n> > > (a) hold full registration as an architect within the meaning of the [Architects Act 2003](/view/html/inforce/current/act-2003-089), and\n> > \n> > > (b) be recorded as a practising architect in the register maintained by the Registrar of the NSW Architects Registration Board constituted under that Act.\n> \n> > (2) Knowledge Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia, to the extent that the documents are relevant to this class of registration,\n> > \n> > > (d) building design, including methods, materials and planning, to the extent that this knowledge is relevant to this class of registration.\n> \n> > (3) Skills Must be able to do the following—\n> > \n> > > (a) interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia,\n> > \n> > > (b) apply and assess compliance with relevant standards relating to the design of a building, including materials, finishes, fittings, components and systems of a building, to the extent that the standards are relevant to this class of registration.","sortOrder":241},{"sectionNumber":"5C","sectionType":"section","heading":"Design practitioner—building design","content":"#### 5C Design practitioner—building design\n\n5C Design practitioner—building design\n\n> > (1) Qualifications Must have a postgraduate masters degree from an Australian university in—\n> > \n> > > (a) building design, or\n> > \n> > > (b) architectural design.\n> \n> > (2) Knowledge Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia, to the extent that the documents are relevant to this class of registration,\n> > \n> > > (d) building design, including methods, materials and planning, to the extent that this knowledge is relevant to this class of registration.\n> \n> > (3) Skills Must be able to do the following—\n> > \n> > > (a) interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia,\n> > \n> > > (b) apply and assess compliance with relevant standards relating to the design of a building, including materials, finishes, fittings, components and systems of a building, to the extent that the standards are relevant to this class of registration.","sortOrder":242},{"sectionNumber":"25A","sectionType":"section","heading":"Building practitioner—body corporate nominee (low rise)","content":"#### 25A Building practitioner—body corporate nominee (low rise)\n\n25A Building practitioner—body corporate nominee (low rise)\n\n> > (1) Pathway 1—qualifications Must be a holder of a supervisor certificate authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (1A) Pathway 2—qualifications Must, in the opinion of the Secretary, satisfy the qualification requirements to hold a supervisor certificate authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (2) Experience—all pathways Must have at least 3 years, or equivalent part-time, practical experience within the last 7 years, which—\n> > \n> > > (a) includes at least 2 years practical experience relating to work carried out in Australia by the person, and\n> > \n> > > (b) includes 1 year of experience coordinating or supervising building work involving a class 1, 2, 3, 9a or 9c building, and\n> > \n> > > (c) relates to the carrying out of building work involving a class 1, 2, 3, 9a or 9c building.\n> \n> > (3) Knowledge—all pathways Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia,\n> > \n> > > (d) building design and construction, including methods, materials and planning.\n> \n> > (4) Skills—all pathways Must be able to interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia.","sortOrder":265},{"sectionNumber":"25B","sectionType":"section","heading":"Building practitioner—body corporate nominee (medium rise)","content":"#### 25B Building practitioner—body corporate nominee (medium rise)\n\n25B Building practitioner—body corporate nominee (medium rise)\n\n> > (1) Pathway 1—qualifications Must be a holder of a supervisor certificate authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (1A) Pathway 2—qualifications Must, in the opinion of the Secretary, satisfy the qualification requirements to hold a supervisor certificate authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (2) Experience—all pathways Must have at least 3 years, or equivalent part-time, practical experience within the last 7 years, which—\n> > \n> > > (a) includes at least 2 years practical experience relating to work carried out in Australia by the person, and\n> > \n> > > (b) includes 2 years experience coordinating or supervising building work involving a class 1, 2, 3, 9a or 9c building, and\n> > \n> > > (c) relates to the carrying out of building work involving a class 1, 2, 3, 9a or 9c building.\n> \n> > (3) Knowledge—all pathways Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia,\n> > \n> > > (d) building design and construction, including methods, materials and planning.\n> \n> > (4) Skills—all pathways Must be able to interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia.","sortOrder":266},{"sectionNumber":"25C","sectionType":"section","heading":"Building practitioner—general (low rise)","content":"#### 25C Building practitioner—general (low rise)\n\n25C Building practitioner—general (low rise)\n\n> > (1) Pathway 1—qualifications Must be a holder of an endorsed contractor licence authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (1A) Pathway 2—qualifications Must, in the opinion of the Secretary, satisfy the qualification requirements to hold an endorsed contractor licence authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (2) Experience—all pathways Must have at least 3 years, or equivalent part-time, practical experience within the last 7 years, which—\n> > \n> > > (a) includes at least 2 years practical experience relating to work carried out in Australia by the person, and\n> > \n> > > (b) includes 1 year of experience coordinating or supervising building work involving a class 1, 2, 3, 9a or 9c building, and\n> > \n> > > (c) relates to the carrying out of building work involving a class 1, 2, 3, 9a or 9c building.\n> \n> > (3) Knowledge—all pathways Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia,\n> > \n> > > (d) building design and construction, including methods, materials and planning.\n> \n> > (4) Skills—all pathways Must be able to interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia.","sortOrder":267},{"sectionNumber":"25D","sectionType":"section","heading":"Building practitioner—general (medium rise)","content":"#### 25D Building practitioner—general (medium rise)\n\n25D Building practitioner—general (medium rise)\n\n> > (1) Pathway 1—qualifications Must be a holder of an endorsed contractor licence authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (1A) Pathway 2—qualifications Must, in the opinion of the Secretary, satisfy the qualification requirements to hold an endorsed contractor licence authorising the holder to do general building work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n> \n> > (2) Experience—all pathways Must have at least 3 years, or equivalent part-time, practical experience within the last 7 years, which—\n> > \n> > > (a) includes at least 2 years practical experience relating to work carried out in Australia by the person, and\n> > \n> > > (b) includes 2 years experience coordinating or supervising building work involving a class 1, 2, 3, 9a or 9c building, and\n> > \n> > > (c) relates to the carrying out of building work involving a class 1, 2, 3, 9a or 9c building.\n> \n> > (3) Knowledge—all pathways Must know and understand the following—\n> > \n> > > (a) the Act and this Regulation,\n> > \n> > > (b) the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), including regulations and instruments made under that Act, to the extent that the legislation is relevant to this class of registration,\n> > \n> > > (c) the Building Code of Australia, Volumes 1 and 2, including documents adopted by reference in the Building Code of Australia,\n> > \n> > > (d) building design and construction, including methods, materials and planning.\n> \n> > (4) Skills—all pathways Must be able to interpret, apply and assess compliance with the relevant requirements of the Building Code of Australia.","sortOrder":268},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Continuing professional development","content":"# Schedule 3 Continuing professional development\n\nSchedule 3 Continuing professional development\n\n**sch 3:** Am 2023 (63), Sch 1\\[53\\] \\[54\\].","sortOrder":278},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Code of practice","content":"# Schedule 4 Code of practice\n\nSchedule 4 Code of practice\n\nclause 36(5)","sortOrder":284},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 5 Penalty notice offences\n\nSchedule 5 Penalty notice offences\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty—individuals | Penalty—body corporates |\n| Offences under the Act |  |\n| Section 9(1) | $5,500 | $16,500 |\n| Section 9(2) | $5,500 | $16,500 |\n| Section 9(3) | $5,500 | $16,500 |\n| Section 9(4) | $5,500 | $16,500 |\n| Section 9(5) | $5,500 | $16,500 |\n| Section 10 | $5,500 | $16,500 |\n| Section 11(1) | $1,650 | $5,000 |\n| Section 12(1) | $5,500 | $16,500 |\n| Section 12(2) | $5,500 | $16,500 |\n| Section 13 | $5,500 | $16,500 |\n| Section 14(1) | $1,650 | $5,000 |\n| Section 15(1) | $1,650 | $5,000 |\n| Section 16(4) | $1,650 | $3,300 |\n| Section 17(1) | $5,500 | $16,500 |\n| Section 17(2) | $5,500 | $16,500 |\n| Section 17(5) | $1,650 | $5,000 |\n| Section 22(2) | $11,000 | $25,000 |\n| Section 23 | $5,500 | $16,500 |\n| Section 24(1) | $1,650 | $5,000 |\n| Section 28(1) | $5,000 | — |\n| Section 28(2) | — | $11,000 |\n| Section 32(1) | $5,500 | $16,500 |\n| Section 33(1) | $1,650 | $5,000 |\n| Section 51(4) | $1,650 | $5,000 |\n| Section 56, including a contravention of the code of practice in this Regulation, Schedule 4, but only for clauses 6(3), 7(1), 15(3) and 16(1) of the Schedule | $5,000 | $9,900 |\n| Section 57(1) | $5,000 | $9,900 |\n| Section 58(b) | $5,000 | $9,900 |\n| Section 59(1) | $2,500 | $5,000 |\n| Section 60 | $825 | $4,125 |\n| Section 67 | $5,000 | — |\n| Section 105(4) | $4,125 | $8,250 |\n| Schedule 1, clause 3(3) | $5,500 | $16,500 |\n| Schedule 1, clause 4(3) | $1,650 | $3,300 |\n| Offences under this Regulation |  |\n| Clause 16(1) | $1,650 | $3,300 |\n| Clause 17(1) | $1,650 | $3,300 |\n| Clause 20 | $1,650 | $3,300 |\n| Clause 23 | $1,650 | $3,300 |\n| Clause 24 | $1,650 | $3,300 |\n| Clause 28B(1), (2) or (3) | $1,650 | $3,300 |\n| Clause 28C | $1,650 | $3,300 |\n| Clause 28D | $1,650 | $3,300 |\n| Clause 52D(7) | $1,100 | $2,200 |\n| Clause 52E(a), (b), (c), (d), (e) or (g) | $1,650 | $3,300 |\n| Clause 52F(2) | $1,650 | $3,300 |\n| Clause 52F(5) | $1,100 | $2,200 |\n| Clause 52F(7) | $1,650 | $3,300 |\n| Clause 52G(3)(b) | $1,650 | $3,300 |\n| Clause 84(6) | $1,650 | $3,300 |\n\n**sch 5:** Am 2022 (62), Sch 1\\[34\\].","sortOrder":308},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6 (Repealed)\n\n**sch 6:** Am 2021 (312), Sch 1\\[17\\]–\\[21\\]. Rep 2021 (743), Sch 1\\[12\\].","sortOrder":310},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Fees","content":"# Schedule 7 Fees\n\nSchedule 7 Fees\n\nclauses 31A, 50(2)(b1) and 93B(2)\n\n**sch 7:** Ins 2021 (312), Sch 1\\[22\\]. Am 2021 (417), Sch 1\\[5\\] \\[6\\]; 2022 (62), Sch 1\\[35\\]; 2022 (332), Sch 1\\[40\\]–\\[44\\]; 2023 (65), Sch 1\\[55\\] (am 2023 (317), Sch 3\\[6\\]); 2024 (5), Sch 1\\[7\\] \\[8\\].","sortOrder":311}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original intent was to regulate the preparation and declaration of designs for multi-unit residential buildings following high-profile defects (Opal Tower, Mascot Towers). The regulation has grown well beyond that purpose: it now mandates registration and declarations for building practitioners (not just designers), adds professional engineers as a separate regulated class, introduces specific controls for ground anchors (Div 3A), vertical transportation integration, Sydney Metro infrastructure exemptions, and broad class 3/9c exemptions that expire in 2026. It has also absorbed ongoing amendments that layer new compliance pathways, deemed-registration rules and information-sharing powers, transforming it into a comprehensive licensing and quality-assurance regime for the entire design–construct–certify chain."},"complexity_factors":["Over 100 clauses across 9 Parts plus 7 Schedules, with frequent cross-references to the Design and Building Practitioners Act 2020, Building Code of Australia, Environmental Planning and Assessment Act 1979, Home Building Act 1989, Work Health and Safety Act 2011 and Interpretation Act 1987","Multiple classes of registration (over 20 for designers, builders and engineers) each with distinct qualifications, experience, knowledge and skills listed in Schedule 2","Nested definitions (e.g. 'construction issued regulated design' in cl 3A, 'building element' in cl 3B) and conditional exemptions that refer back to other clauses or external instruments","Layered lodgment obligations (cl 16–19, 19A) that change depending on whether a construction certificate, occupation certificate or variation is involved","Transitional and savings provisions (Part 9, cl 94–108) that create different rules for projects commenced before 1 July 2021, 3 July 2023 or 31 July 2023","Detailed schedules for CPD (Sch 3), codes of practice (Sch 4), penalty notices (Sch 5) and indexed fees (Sch 7) that interact with the main text"],"plain_english_summary":"**This regulation supports the Design and Building Practitioners Act 2020 by setting detailed rules for registering and regulating people who design and build certain types of buildings in New South Wales.**\n\nIt requires designers (architects, engineers, fire-safety specialists, drainage experts and others) and builders to register in specific classes before they can prepare 'regulated designs' or carry out building work on apartments (class 2), hotels and boarding houses (class 3, with some exceptions), and aged-care buildings (class 9c). A regulated design is any plan or specification that shows how the finished building will meet the Building Code of Australia (the national minimum building standards).\n\nKey requirements include:\n- **Design compliance declarations**: Designers must sign a formal statement that their design complies with the Building Code, including performance solutions (alternative ways to meet the standards), fire-resistance details, and integration of lifts/escalators.\n- **Principal compliance declarations**: A lead designer must coordinate all the individual declarations and confirm nothing has been missed.\n- **Building compliance declarations**: Builders must declare at the end of the job that the finished building matches the approved designs.\n- All declarations and designs must be lodged on the NSW planning portal before work starts, when changes are made, and before an occupation certificate is issued.\n\nThe regulation also sets out registration qualifications (detailed in schedules), ongoing insurance, record-keeping for 10 years, a code of conduct, continuing professional development, and penalties for non-compliance. It contains many exemptions (for minor fit-outs, maintenance, exempt development, and some class 3 work until 2026) and transitional rules for projects already underway.\n\n**Who it affects**: Registered design practitioners, principal design practitioners, building practitioners, professional engineers, their employers (body corporates), and anyone commissioning or owning apartments, hotels, aged-care facilities or mixed-use buildings containing those classes. It does not apply to purely commercial or industrial buildings without residential parts.\n\n**Why it matters**: It aims to reduce serious building defects (such as leaky apartments, flammable cladding and structural failures) by forcing qualified professionals to take personal responsibility through signed declarations that can be used in court. Without these declarations, construction certificates and occupation certificates cannot be issued, so the rules effectively gatekeep whether a building can be built or occupied."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The regulation originally focused on class 2 residential apartment buildings. Its scope has been repeatedly broadened through amendments to include class 3 and class 9c buildings, add provisions for ground anchors, create exemptions for Sydney Metro work, introduce new registration classes (e.g., low rise and medium rise subclasses), and provide additional alternative registration pathways for fire systems and professional engineers. The original intent of regulating design and building practitioners for apartment buildings has expanded significantly to cover a wider range of building types, work activities, and transitional arrangements."},"complexity_factors":["Length: Over 50 pages of text including extensive schedules.","Number of defined terms: The Dictionary and various sections define dozens of terms, many unique to the regulation (e.g., 'construction issued regulated design', 'encroaching ground anchor').","Cross-references: Heavy reliance on other legislation (e.g., Home Building Act, Environmental Planning and Assessment Act, Building Code of Australia, Work Health and Safety Act) and internal cross-references between clauses.","Multiple registration pathways: Numerous alternative qualification pathways for different classes of practitioners, each with detailed experience and knowledge requirements.","Nested exceptions: Part 3 includes multiple layers of exclusions from 'building work' (clause 13) with sub-exceptions and sunset provisions.","Conditional logic: Many provisions are contingent on events (e.g., 'if more than one construction certificate is issued', 'if a registered principal design practitioner is appointed'), creating complex branching conditions.","Extensive schedules: Schedules covering classes of registration, qualifications, continuing professional development, codes of practice, penalty notices, and fees with indexation formulas."],"plain_english_summary":"This regulation sets out the detailed rules for professionals who design and carry out building work in New South Wales on certain types of buildings – mainly residential apartment buildings (Class 2), hotels and boarding houses (Class 3), and aged care facilities (Class 9c). It requires that designs for these buildings be prepared by registered design practitioners and include enough detail to show compliance with the Building Code of Australia. Before building work can start, the designs and compliance declarations must be lodged on the NSW planning portal.\n\nTo work as a design practitioner, building practitioner, or professional engineer on these buildings, you need to be registered with the NSW Secretary. This means meeting minimum qualifications and experience (there are multiple pathways), paying a fee, and complying with continuing professional development requirements. Practitioners must also hold professional indemnity insurance that covers their liability.\n\nThe regulation creates a system of compliance declarations: design compliance declarations from designers, principal compliance declarations from the lead designer, and building compliance declarations from the builder. It sets out what these declarations must include and when they must be provided. There are specific rules for when designs are varied during construction, and for building work involving ground anchors that go onto neighbouring property.\n\nCertain types of work are excluded from the requirements, such as exempt development, some repairs and maintenance, and work done for Sydney Metro projects. The regulation also includes a code of practice that practitioners must follow, dealing with honesty, conflicts of interest, confidentiality, and competence."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has clearly evolved significantly from its original April 2021 form, with 19 separate versions over four years indicating substantial amendments to its operative provisions. The scheduled removal of the 'designated Class 3 or 9c building' definition in July 2026 suggests the scope of buildings covered is being narrowed over time, likely reflecting a staged rollout approach where certain building classes were brought under the regime incrementally and are now being transitioned to a different regulatory framework."},"complexity_factors":["Operates as subordinate legislation under a parent Act (Design and Building Practitioners Act 2020), requiring readers to cross-reference both documents to understand full obligations","Highly technical building classification system (Class 3, Class 9c, etc.) drawn from the National Construction Code, which itself is a complex technical document","Numerous amendments over a short period (19+ versions between 2021 and 2025) creating a constantly shifting legal landscape and version-tracking challenges","Staged commencement and staged repeal provisions (different rules applying at different dates, with specific clauses auto-repealing on 1 July 2026 and the whole regulation sunsetting on 1 September 2026)","Applies to multiple categories of regulated professionals (designers, engineers, builders, principal design practitioners) each with potentially different obligations","Interaction with other regulatory frameworks including the Building Code of Australia, Home Building Act, and planning legislation","Only metadata and status information is available in the provided text — the substantive operative provisions are not reproduced, adding uncertainty about full scope"],"plain_english_summary":"## Design and Building Practitioners Regulation 2021 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a detailed set of rules that sits underneath the *Design and Building Practitioners Act 2020*) that sets out the practical requirements for people who design and build certain types of buildings in New South Wales.\n\n**Who does it affect?**\n- **Builders and developers** working on certain building classes (particularly Class 3 buildings like boarding houses and hotels, and Class 9c buildings like aged care facilities, as well as multi-storey residential buildings)\n- **Design practitioners** (architects, engineers, and other design professionals)\n- **Building practitioners** who must be registered and follow specific compliance obligations\n- **Property owners and consumers** who benefit (or suffer) from the quality of regulated building work\n\n**Why does it matter?**\nThis regulation was introduced in the wake of high-profile building defect scandals in NSW (such as the Opal Tower and Mascot Towers incidents). It requires:\n- Designers and builders working on regulated buildings to be **registered** with the government\n- Key design documents to be **lodged and declared compliant** before and during construction\n- A chain of accountability — each professional must sign off that their work meets the Building Code of Australia\n- Records to be kept so defects can be traced back to responsible parties\n\n**Key things to know right now:**\n- The regulation has been **amended many times** since it started in April 2021 — if you're relying on it, make sure you're reading the right version for the right date\n- A provision about **'designated Class 3 or 9c buildings'** is scheduled to be **removed on 1 July 2026**, which may affect obligations for aged care and similar buildings\n- The entire regulation is **due to be automatically repealed (cancelled) on 1 September 2026** under standard NSW sunset rules (meaning it will need to be replaced or renewed by then)\n\n**Bottom line:** If you are involved in designing, building, or certifying certain types of buildings in NSW — especially apartments, hotels, or aged care facilities — this regulation directly governs your professional obligations, registration requirements, and paperwork duties."},"issue_detection":{"absurdities":[{"type":"other","section":"cl 13(3A) and Status Notes","severity":"low","reasoning":"While self-amending provisions are not inherently unlawful, the drafting creates a redundancy: cl 13(3A) schedules surgical repeals on 1.7.2026 of provisions that the Subordinate Legislation Act 1989 will sweep away entirely on 1.9.2026. The partial repeal serves no practical purpose beyond a 62-day window, raising questions about drafting efficiency and whether the definition of 'designated class 3 or 9c building' should instead have been preserved or migrated to primary legislation if it was worth managing so precisely.","confidence":0.72,"description":"A provision within the Regulation (cl 13(3A)) is used to repeal other provisions of the same Regulation (cl 13(1)(n), (3A) and (4)) on 1 July 2026, yet the entire Regulation is scheduled for automatic repeal on 1 September 2026. This means cl 13(3A) is legislating the partial repeal of provisions that will cease to exist in their entirety less than two months later regardless."},{"type":"circular_definition","section":"cl 13(3A) — self-referential repeal","severity":"medium","reasoning":"Self-repeal clauses are used in Australian drafting practice but are logically awkward: the mechanism of repeal destroys itself in the same operation. If there is any dispute about whether cl 13(3A) validly operated on 1.7.2026, the provision that would confirm its operation has been erased by that very operation. This creates an evidentiary and interpretive circularity, particularly relevant given the Regulation survives until 1.9.2026 and practitioners may need to determine the status of cl 13(1)(n) during that window.","confidence":0.65,"description":"Clause 13(3A) purports to repeal itself ('(3A)') along with cl 13(1)(n) and cl 13(4) on 1 July 2026. A provision that operates to repeal itself on a future date is a self-referential anomaly: once the repeal date arrives, the repealing sub-clause vanishes simultaneously with the provisions it repeals, making it impossible to verify from the face of the instrument that the repeal occurred by operation of that sub-clause, since the sub-clause no longer exists to be read."},{"type":"self_contradicting","section":"Status Information — Currency Note","severity":"low","reasoning":"The note says all provisions displayed have commenced, but then carves out cl 13(3A)'s amending effect from the display. Cl 13(3A) itself is in force (it was enacted as part of the Regulation), but its amending operation on 1.7.2026 has not yet occurred as at 20 June 2025. The drafting of the status note conflates the commencement of a provision with the future operation of that provision, creating logical confusion for readers about the true current state of the law.","confidence":0.6,"description":"The Status Information states 'The provisions displayed in this version of the legislation have all commenced,' yet simultaneously notes that cl 13(3A) — a provision that triggers future repeals on 1.7.2026 — is not included in the displayed amendments. This creates an ambiguity: if all displayed provisions have commenced, but a commenced provision (cl 13(3A)) is excluded from the display, the currency statement is potentially misleading."}],"contradictions":[{"severity":"low","section_a":"Staged repeal — automatic repeal on 1 September 2026 (Subordinate Legislation Act 1989)","section_b":"cl 13(3A) — partial repeal of cl 13(1)(n), (3A) and (4) on 1 July 2026","confidence":0.68,"description":"The Regulation is scheduled for total automatic repeal on 1 September 2026, yet internal machinery (cl 13(3A)) is separately engineered to partially repeal specific provisions on 1 July 2026 — two months earlier. The two repeal mechanisms operate on overlapping subject matter on different timetables, creating a tension: the partial repeal on 1.7.2026 presupposes the Regulation continues in some form after that date, which it does (until 1.9.2026), but any practitioner or court must track two separate repeal events for provisions within a single instrument that is itself expiring imminently."}]}},"importantCases":[],"_links":{"self":"/api/acts/design-and-building-practitioners-regulation-2021","history":"/api/acts/design-and-building-practitioners-regulation-2021/history","analysis":"/api/acts/design-and-building-practitioners-regulation-2021/analysis","conflicts":"/api/acts/design-and-building-practitioners-regulation-2021/conflicts","importantCases":"/api/acts/design-and-building-practitioners-regulation-2021/important-cases","documents":"/api/acts/design-and-building-practitioners-regulation-2021/documents"}}