{"id":"planning-development-and-infrastructure-accredited-professionals-regulations-2019","name":"Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019","slug":"planning-development-and-infrastructure-accredited-professionals-regulations-2019","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236246,"registerId":"sa-planning-development-and-infrastructure-accredited-professionals-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019","content":"South Australia\nPlanning, Development and Infrastructure (Accredited Professionals) Regulations 2019\nunder the Planning, Development and Infrastructure Act 2016\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tAdministration of scheme\nPart 2—Classes of accreditation\nDivision 1—Classes\n5\tClasses\nDivision 2—Authorised functions\n6\tAssessment manager\n7\tAssessment panel member\n8\tAccredited professional—planning level 3\n9\tAccredited professional—planning level 4\n10\tAccredited professional—surveyor\n11\tAccredited professional—building level 1\n12\tAccredited professional—building level 2\n13\tAccredited professional—building level 3\n14\tAccredited professional—building level 4\nPart 3—General provisions relating to accreditation\nDivision 1—Obtaining accreditation\n15\tApplication\n16\tConsideration of application\n17\tConditions\n18\tDuration of accreditation\n19\tContinuation of accreditation\n19A\tExtension of accreditation\n20\tSurrender\nDivision 2—Cancellation or suspension of accreditation\n21\tCancellation or suspension\n22\tNotice of proposed cancellation or suspension\n23\tEffect or period of cancellation or suspension\nDivision 3—Register of accreditations\n24\tRegister\nPart 4—Continuing professional development\n25\tCPD scheme\n26\tRecords\nPart 5—Audits\n27\tAudits\nPart 6—Complaints\n28\tComplaints\nPart 7—Review of decisions\n29\tReview of decisions\nPart 8—Miscellaneous\n30\tCircumstances in which an accredited professional may not act\n31\tActing without accreditation\n32\tService of notices\n33\tIdentity cards\n34\tDelegation\nSchedule 1—Continuing professional development\n1\tPreliminary\n2\tPlanning (level 1)\n3\tPlanning (level 2)\n3A\tPlanning (levels 3 and 4) and surveyors\n4\tBuilding (levels 1, 2 and 3)\n5\tBuilding (level 4)\nSchedule 2—Transitional provisions\n1\tInterpretation\n2\tCurrent private certifiers\n3\tActing under Development Act 1993\n4\tExtended period of initial accreditation under these regulations\nLegislative history\n\nPart 1—Preliminary\n1—Short title\nThese regulations may be cited as the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019.\n3—Interpretation\nIn these regulations—\nAct means the Planning, Development and Infrastructure Act 2016;\naccreditation authority means the Chief Executive;\napproved form means a form approved by the Chief Executive and published on the SA planning portal;\nclasses of accreditation—see regulation 5;\ncorresponding Act means an Act of another State or a Territory relating to building or planning;\nCPD activity means an activity—\n\t(a)\tthat is of significant educational, practical or technical content related to the activities of an accredited professional (taking into account the relevant class of accreditation under these regulations); and\n\t(b)\tthat is conducted by a person qualified by practical or academic experience in the subject covered by the activity; and\n\t(c)\tthat is relevant to the immediate or long-term professional development needs of an accredited professional who is undertaking the activity; and\n\t(d)\tthat comprises—\n\t(i)\tattendance at, or presenting material for, a lecture, seminar, conference, workshop, educational program or course; or\n\t(ii)\tviewing or listening to material presented as part of a multi-media, web-based or recorded program; or\n\t(iii)\tpreparing material for any lecture, seminar, conference, workshop, educational program or course, or for any multi-media, web-based or recorded program;\nCPD unit means 1 hour of a CPD activity;\ndisqualifying event means—\n\t(a)\ta finding of guilt for an offence against the Act or the repealed Act; or\n\t(b)\ta finding of guilt for an offence against any regulations under the Act (including these regulations) or the repealed Act; or\n\t(ba)\tacting unlawfully, or improperly, negligently or unfairly, in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under the Act, a corresponding Act, the repealed Act or any regulations under the Act (including these regulations), a corresponding Act or the repealed Act; or\n\t(c)\tthe suspension or cancellation of an accreditation under these regulations, or the suspension or cancellation of a registration under regulation 93A of the Development Regulations 2008; or\n\t(d)\tfailing to comply with the requirements of section 15 of the Act; or\n\t(e)\tmaking a false or misleading statement in relation to any matter under the Act or the repealed Act, or any regulations under either Act (including these regulations); or\n\t(f)\tcontravening or failing to comply with a code of conduct under clause 1(1) of Schedule 3 of the Act;\nprescribed amount of CPD means the amount of continuing professional development set out in Schedule 1;\nprescribed fee means a fee prescribed for the purposes of the Act, these regulations or a related set of regulations;\nrelated set of regulations means—\n\t(a)\tthe Planning, Development and Infrastructure (Fees, Charges and Contributions) Regulations 2019; or\n\t(b)\tthe Planning, Development and Infrastructure (General) Regulations 2017;\nrelevant CPD period means the relevant CPD period applying to an accredited professional under regulation 25(2) in a particular case.\n4—Administration of scheme\nFor the purposes of section 88(2)(d) of the Act, the Chief Executive is responsible for the administration of the accreditation scheme established by these regulations.\nPart 2—Classes of accreditation\nDivision 1—Classes\n5—Classes\n\t(1)\tThe following classes of accreditation are established:\n\t(a)\tAccredited professional—planning level 1;\n\t(b)\tAccredited professional—planning level 2;\n\t(c)\tAccredited professional—planning level 3;\n\t(d)\tAccredited professional—planning level 4;\n\t(e)\tAccredited professional—surveyor;\n\t(f)\tAccredited professional—building level 1;\n\t(g)\tAccredited professional—building level 2;\n\t(h)\tAccredited professional—building level 3;\n\t(i)\tAccredited professional—building level 4.\n\t(2)\tThe qualifications, experience and technical skills required for each class of accreditation will be determined by the Chief Executive.\n\t(3)\tThe Chief Executive—\n\t(a)\tmust ensure that the qualifications, experience and technical skills required under subregulation (2) are published on the SA planning portal; and\n\t(b)\tmay vary those qualifications, experience and technical skills from time to time; and\n\t(c)\tmay approve alternative qualifications, experience or technical skills in an individual case.\nDivision 2—Authorised functions\n6—Assessment manager\nAn Accredited professional—planning level 1 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority—\n\t(i)\tin cases contemplated by the Act; or\n\t(ii)\tin cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(aa)\tany functions, powers or duties that an Accredited professional—planning level 2, Accredited professional—planning level 3 or Accredited professional—planning level 4 is authorised to perform, exercise or discharge;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an assessment manager.\n7—Assessment panel member\nAn Accredited professional—planning level 2 is authorised to perform, exercise or discharge the functions, powers or duties relevant to acting as a member of an assessment panel.\n8—Accredited professional—planning level 3\nAn Accredited professional—planning level 3 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority in cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(aa)\tany functions, powers or duties that an Accredited professional—planning level 2 is authorised to perform, exercise or discharge;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—planning level 3.\n9—Accredited professional—planning level 4\nAn Accredited professional—planning level 4 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority in cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—planning level 4.\n10—Accredited professional—surveyor\nAn Accredited professional—surveyor is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority in cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—surveyor.\n11—Accredited professional—building level 1\nAn Accredited professional—building level 1 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority—\n\t(i)\tin cases contemplated by the Act; or\n\t(ii)\tin cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—building level 1.\n12—Accredited professional—building level 2\nAn Accredited professional—building level 2 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority in cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—building level 2.\n13—Accredited professional—building level 3\nAn Accredited professional—building level 3 is authorised to perform, exercise or discharge the following functions, powers or duties:\n\t(a)\tacting as a relevant authority in cases contemplated by the Planning, Development and Infrastructure (General) Regulations 2017;\n\t(b)\tother functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—building level 3.\n14—Accredited professional—building level 4\nAn Accredited professional—building level 4 is authorised to perform, exercise or discharge the functions, powers or duties specified in the Planning, Development and Infrastructure (General) Regulations 2017 as being capable of being performed, exercised or discharged by an Accredited professional—building level 4.\nPart 3—General provisions relating to accreditation\nDivision 1—Obtaining accreditation\n15—Application\n\t(1)\tA person may apply to the accreditation authority for accreditation under these regulations.\n\t(2)\tThe application must—\n\t(a)\tbe lodged electronically via the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); and\n\t(b)\tbe in the approved form; and\n\t(c)\tspecify the class of accreditation to which the application relates; and\n\t(d)\tbe supported by any information specified in the approved form; and\n\t(e)\tbe accompanied by the prescribed fee.\n\t(3)\tThe accreditation authority may request an applicant—\n\t(a)\tto provide such additional documents or information as may be reasonably required to assess the application; and\n\t(b)\tto remedy any defect or deficiency in any application or accompanying document or information required under these regulations.\n16—Consideration of application\n\t(1)\tIn considering an application for accreditation, the accreditation authority must be satisfied that the applicant—\n\t(a)\thas the qualifications, experience and technical skills required under these regulations for the accreditation to which the application relates; and\n\t(b)\tis a fit and proper person to be an accredited professional under the Act.\n\t(2)\tIn connection with the operation of subregulation (1)(a), the accreditation authority may—\n\t(a)\taccept that a person satisfies the requirements of that subregulation if—\n\t(i)\tthe person is a member of a professional association or body that provides an equivalent scheme for the recognition of qualifications, experience and technical skills that is recognised by the Chief Executive for the purposes of this regulation; and\n\t(ii)\tthe person's category of membership corresponds, in the opinion of the accreditation authority, to the level of accreditation to which the application relates;\n\t(b)\ttake into account the advice of a professional association or body engaged to assist the accreditation authority for the purposes of these regulations.\n\t(3)\tWithout limiting subregulation (1)(b), in making an assessment under that subregulation the accreditation authority may take into account whether the applicant has been involved in a disqualifying event.\n\t(4)\tAfter considering an application for accreditation, the accreditation authority may—\n\t(a)\tapprove the application and register the applicant as an accredited professional; or\n\t(b)\trefuse the application.\n\t(5)\tAs soon as practicable after making a decision on an application, the accreditation authority must give notice of the decision to the applicant.\n\t(6)\tIf the accreditation authority refuses an application, it must include in the notice of the decision—\n\t(a)\tthe reasons for the refusal; and\n\t(b)\tthe rights of review that the applicant has under these regulations.\n\t(7)\tIn connection with the operation of subregulation (2)(b), the Chief Executive must ensure that information about any scheme that is recognised for the purposes of that subregulation is available on the SA planning portal.\n17—Conditions\n\t(1)\tAn accreditation will be subject to the following conditions:\n\t(a)\tsubject to subregulation (2), that the accredited professional must hold a policy for professional indemnity insurance that is reasonable and adequate taking into account the amount and nature of work undertaken by the accredited professional;\n\t(b)\tany condition that the accreditation authority may impose that limits the scope of the accreditation;\n\t(c)\tany other condition—\n\t(i)\tdetermined by the accreditation authority in relation to the accreditation; or\n\t(ii)\totherwise specified or imposed by or under these regulations.\n\t(2)\tSubregulation (1)(a) does not apply to the following accredited professionals if the accredited professional is covered by another form of indemnity scheme or arrangement that is approved by the accreditation authority for the purposes of this subregulation:\n\t(a)\tan Accredited professional—planning level 1;\n\t(b)\tan Accredited professional—planning level 2;\n\t(c)\tan accredited professional who is an employee of the State or a council (when acting within their scope of employment).\n\t(2a)\tFor the purposes of subregulation (2), an accredited professional will be taken to be covered by an indemnity scheme or other arrangement to the extent—\n\t(a)\tthat liability that may arise in respect of the performance, exercise or discharge (or purported performance, exercise or discharge) in good faith of their functions, powers or duties under the Act as a member of an assessment panel, or as an assessment manager, is indemnified by a council or joint planning board (as the case may be); and\n\t(b)\tthat the council or joint planning board (as the case may be) is a member of an indemnity scheme or arrangement that is approved by the accreditation authority.\n\t(3)\tThe accreditation authority may, if the accreditation authority considers it appropriate to do so, vary a condition that applies in relation to a particular accredited professional.\n\t(4)\tAn accredited professional may, on application to the accreditation authority in writing, request the variation of a condition to which the accreditation is subject and the accreditation authority may, as it thinks fit—\n\t(a)\tgrant the variation; or\n\t(b)\trefuse to grant the variation.\n\t(5)\tConditions of an accreditation may be varied by the addition, substitution or deletion of 1 or more conditions.\n\t(6)\tA person must not contravene or fail to comply with a condition of an accreditation.\nMaximum penalty: $10 000.\n18—Duration of accreditation\nAn accreditation continues in force (unless sooner surrendered or cancelled) on a year by year basis subject to the operation of regulations 19 and 19A.\n19—Continuation of accreditation\n\t(1)\tSubject to regulation 19A, a person seeking to remain accredited under these regulations must apply on a yearly basis to the accreditation authority for the continuation of the accreditation under these regulations.\n\t(2)\tAn annual application must—\n\t(a)\tbe lodged electronically via the SA planning portal (and in accordance with any relevant requirements applying under Part 4 Division 2 of the Act); and\n\t(b)\tbe in the approved form; and\n\t(c)\tbe supported by any information specified in the approved form; and\n\t(d)\twithout limiting paragraph (c), be supported by information specified by the approved form for the purposes of Part 4; and\n\t(e)\tbe accompanied by the prescribed fee; and\n\t(f)\tbe made at least 14 days before the relevant anniversary date.\n\t(3)\tThe accreditation authority may, if the accreditation authority thinks fit, determine a late application for continuation provided that the applicant pays the prescribed fee for late payment.\n\t(4)\tIf an application for the continuation of an accreditation (being an application under subregulation (2)(f) or (3)) is not decided before the relevant anniversary of the accreditation, the accreditation continues in operation until the application is decided.\n\t(4a)\tSubject to subregulation (4b), if an accreditation is to continue, the anniversary date, being the anniversary of the granting of the accreditation, continues to apply for future applications regardless of whether the application for the continuation of an accreditation (being an application under subregulation (2)(f) or (3)) is decided before or after the relevant anniversary date.\n\t(4b)\tAn accredited professional's anniversary date may be a date other than the anniversary of the granting of the accreditation if—\n\t(a)\tthe accredited professional nominates, in writing, a different date; and\n\t(b)\tthe nominated date is earlier than the next occurring anniversary of the granting of the accreditation; and\n\t(c)\tthe accreditation authority approves, by notice in writing to the accredited professional, the nominated date being the accredited professional's anniversary date for future applications.\n\t(5)\tThe accreditation authority may refuse to consider an application under this regulation if the application is made earlier than 2 months before the relevant anniversary date.\n\t(5a)\tAfter considering an application for continuation of accreditation, the accreditation authority may—\n\t(a)\tapprove the application; or\n\t(b)\trefuse the application.\n\t(5b)\tAs soon as practicable after making a decision on an application, the accreditation authority must give notice of the decision to the applicant.\n\t(5c)\tIf the accreditation authority refuses an application, it must include in the notice of the decision—\n\t(a)\tthe reasons for the refusal; and\n\t(b)\tthe rights of review that the applicant has under these regulations.\n\t(6)\tAn accreditation will cease by force of this regulation (and without the need to comply with Division 2) if—\n\t(a)\tan application is not made or determined in accordance with this regulation; or\n\t(b)\twithout limiting paragraph (a), the accredited professional has not completed the prescribed amount of CPD within the relevant CPD period as required under Part 4 and the accreditation authority has not taken action under regulation 25(3) so as to continue the accreditation despite the failure on the part of the accredited professional.\n19A—Extension of accreditation\n\t(1)\tDespite regulation 19, an accredited professional may, before the next occurring anniversary date, apply to the accreditation authority for an extension of their accreditation under this regulation.\n\t(2)\tAn application for the extension of an accreditation must—\n\t(a)\tbe in writing; and\n\t(b)\tbe made at least 14 days before the anniversary date.\n\t(3)\tThe accreditation authority may, if the accreditation authority thinks fit, determine a late application for the extension of an accreditation (being an application made during the 14 day period before the anniversary date).\n\t(4)\tIf an application under this regulation is not decided before the anniversary date, the accredited professional's accreditation continues in operation after the anniversary date until the relevant time specified in subregulation (8) or (9).\n\t(5)\tThe accreditation authority may extend the accredited professional's accreditation for a period of 3 months, if satisfied that it is appropriate to do so—\n\t(a)\tdue to the accredited professional—\n\t(i)\tbeing pregnant or taking leave from work due to the birth of a child; or\n\t(ii)\tbeing seriously ill or severely disabled; or\n\t(iii)\tbeing required to care for a member of the accredited professional's immediate family for an extended period of time; or\n\t(iv)\tbeing under severe financial stress; or\n\t(b)\ton the basis of other exceptional circumstances of which the accredited professional has provided sufficient evidence.\n\t(6)\tAs soon as practicable after making a decision on an application under this regulation, the accreditation authority must give notice of the decision to the applicant.\n\t(7)\tThe 3 month extension period begins on—\n\t(a)\tif the application under this regulation is decided on or before the anniversary date—the anniversary date; or\n\t(b)\tif the application under this regulation is decided after the anniversary date—the day on which the application is decided.\n\t(8)\tIf the accreditation authority extends an accredited professional's accreditation in accordance with this regulation, the accreditation continues in operation until—\n\t(a)\tthe 3 month extension period ends (in which case the accreditation ceases by force of this regulation); or\n\t(b)\tif an application for continuation of the accreditation is lodged by the accredited professional before the end of the 3 month extension period—that application is decided (and, if the accreditation is to continue, the anniversary date continues to apply for future applications).\n\t(9)\tIf the accreditation authority refuses to extend an accredited professional's accreditation in accordance with this regulation, the accreditation continues in operation until—\n\t(a)\tthe anniversary date or 14 days after the accreditation authority gives notice of the refusal under this regulation (whichever is the later) (in which case the accreditation ceases by force of this regulation); or\n\t(b)\tif an application for continuation of the accreditation is lodged by the accredited professional before the anniversary date or before the end of the 14 day period after the accreditation authority gives notice of the refusal under this regulation (as the case requires)—the application for continuation is decided (and, if the accreditation is to continue, the anniversary date continues to apply for future applications).\n20—Surrender\nAn accredited professional may, by written notice given to the accreditation authority, surrender an accreditation.\nDivision 2—Cancellation or suspension of accreditation\n21—Cancellation or suspension\n\t(1)\tThe accreditation authority may cancel or suspend an accreditation if 1 or more of the grounds specified in subregulation (2) applies.\n\t(2)\tThe following grounds are specified:\n\t(a)\tevents have occurred such that the accredited professional would not be entitled to be granted accreditation if the person were to apply for accreditation;\n\t(b)\tthe accredited professional, in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under the Act or any regulations under the Act (including these regulations), failed to comply with a provision of the Act or regulations;\n\t(c)\twithout limiting paragraph (b), the accredited professional has failed to comply with a requirement of these regulations;\n\t(d)\twithout limiting paragraph (c), the accredited professional has contravened or failed to comply with a condition of the accreditation;\n\t(e)\tthe accredited professional has contravened or failed to comply with a relevant code of conduct under clause 1(1)(c) or (d) of Schedule 3 of the Act;\n\t(f)\tthe accreditation authority considers that the accredited professional obtained the accreditation improperly or on the basis of false or misleading information;\n\t(g)\tany other ground for the cancellation of the accreditation specified by these regulations; or\n\t(h)\tthe accredited professional—\n\t(i)\tis otherwise, in the opinion of the accreditation authority, no longer a fit and proper person or otherwise suitable to hold an accreditation under these regulations; or\n\t(ii)\thas otherwise acted in an unprofessional or inappropriate manner, or failed to professionally discharge a responsibility under the Act; or\n\t(iii)\thas otherwise acted unlawfully, or improperly, negligently or unfairly, in the performance, exercise or discharge, or purported performance, exercise or discharge, of a function, power or duty under the Act, a corresponding Act, the repealed Act or any regulations under the Act (including these regulations), a corresponding Act or the repealed Act.\n22—Notice of proposed cancellation or suspension\n\t(1)\tIf the accreditation authority proposes to cancel or suspend an accreditation, the accreditation authority must give the accredited professional notice of the proposal and the accreditation authority's reasons for the proposal.\n\t(2)\tThe notice must state that within a specified period after the notice is given, the accredited professional may make written representations to the accreditation authority concerning the proposal and the accreditation authority must not give effect to the proposal without considering any representations received within the specified period.\n23—Effect or period of cancellation or suspension\n\t(1)\tA cancellation may have effect, as specified by the accreditation authority—\n\t(a)\tpermanently; or\n\t(b)\tfor a specified period; or\n\t(c)\tuntil the fulfilment of specified conditions; or\n\t(d)\tuntil further determination of the accreditation authority.\n\t(2)\tA suspension may have effect, as specified by the accreditation authority—\n\t(a)\tfor a specified period; or\n\t(b)\tuntil the fulfilment of specified conditions; or\n\t(c)\tuntil further determination of the accreditation authority.\nDivision 3—Register of accreditations\n24—Register\n\t(1)\tThe accreditation authority must keep a register of accredited professionals.\n\t(2)\tThe register must include, in relation to each person on the register—\n\t(a)\tthe person's full name and nominated contact address; and\n\t(c)\tparticulars of any condition of registration or other limitation that specifically relates to the person as an accredited professional.\n\t(3)\tThe register may include such other information as the accreditation authority thinks fit.\n\t(3a)\tThe accreditation authority may remove from the register details relating to a person whose accreditation is no longer in force.\n\t(4)\tThe accreditation authority must ensure that the register is accessible via the SA planning portal.\nPart 4—Continuing professional development\n25—CPD scheme\n\t(1)\tIt is a condition of an accreditation under these regulations that the accredited professional will undertake the prescribed amount of Continuing Professional Development (CPD).\n\t(2)\tSubject to this regulation, before the accreditation authority grants an application under regulation 19, the accredited professional must first satisfy the accreditation authority that the accredited professional has completed the prescribed amount of CPD—\n\t(a)\tin the period of 12 months immediately preceding the relevant anniversary date; or\n\t(b)\tif the accredited professional's accreditation has been extended in accordance with regulation 19A—in the period beginning 12 months prior to the relevant anniversary date and ending at the end of the 3 month extension period,\n(the relevant CPD period).\n\t(2a)\tAny CPD units that are counted towards the amount of continuing professional development completed by an accredited professional in respect of a particular CPD period for an accreditation cannot also be counted towards the amount of continuing professional development completed by the accredited professional in respect of another CPD period for that accreditation.\n\t(2b)\tIf an accredited professional holds more than 1 accreditation under these regulations, a CPD unit completed by the accredited professional may be counted towards the amount of continuing professional development completed by them in respect of each accreditation.\n\t(3)\tIf an accredited professional who has applied under regulation 19 has not completed the prescribed amount of CPD in respect of the relevant CPD period, the accreditation authority may, on application by the accredited professional under this subregulation, if satisfied that it is reasonable to do so, after taking into account the criteria specified in subregulation (5)—\n\t(a)\texcuse the accredited professional from the requirements of the scheme set out in subregulations (1) and (2); and\n\t(b)\tif the accreditation authority thinks fit—determine to continue the accreditation subject to a condition or conditions determined to be appropriate by the accreditation authority.\n\t(4)\tWithout limiting subregulation (3)(b), a condition of accreditation may limit the functions or powers that the accredited professional may perform or exercise during a period specified in the condition (including as to prohibit the performance or exercise of specified functions or powers that the accredited professional would otherwise be entitled to perform or exercise under the Act or under these or any other regulations under the Act).\n\t(5)\tThe following criteria are specified for the purposes of subregulation (3):\n\t(a)\tthat the accredited professional has been unable to complete the prescribed amount of CPD because of—\n\t(i)\tbeing pregnant or taking leave from work due to the birth of a child; or\n\t(ii)\tbeing seriously ill or severely disabled; or\n\t(iii)\tbeing required to care for a member of the accredited professional's immediate family for an extended period of time; or\n\t(iv)\tbeing under severe financial stress;\n\t(b)\tthat there are other unavoidable or extenuating circumstances that made it exceptionally difficult for the accredited professional to participate in compulsory professional development over the course of the relevant CPD period, or a substantial part of the relevant CPD period.\n\t(6)\tAn application by an accredited professional under subregulation (3) must be by way of statutory declaration lodged with the accreditation authority which—\n\t(a)\tsets out the evidence on which the accredited professional relies for the purposes of subregulations (3) and (5); and\n\t(b)\tsets out the steps (if any) that the accredited professional intends to take to improve or achieve compliance with the requirements of this Part (and Schedule 1) if the accreditation is continued.\n26—Records\n\t(1)\tAn accredited professional must, in respect of each CPD period that applies in relation to the accredited professional's accreditation, maintain and retain for 6 years after the end of that CPD period—\n\t(a)\ta written record of CPD activities undertaken and of the CPD units completed; and\n\t(b)\tmaterial indicating the nature of each CPD activity; and\n\t(c)\ta record of the fact that the accredited professional undertook each such activity.\n\t(2)\tAn accredited professional must provide the accreditation authority, within 14 days of receipt of a written request from the accreditation authority, information about the accredited professional's compliance with the requirements of this Part (and Schedule 1) compiled and maintained under subregulation (1).\n\t(3)\tThis regulation does not derogate from the requirements imposed on an accredited professional to provide information about the accredited professional's continuing professional development as part of an application for the continuation of their accreditation.\nPart 5—Audits\n27—Audits\n\t(1)\tThis regulation does not apply to—\n\t(a)\tan Accredited Professional—planning level 2 in relation to the performance, exercise or discharge of a function, power or duty as a member of an assessment panel; or\n\t(b)\tan accredited professional who is an employee of the State or a council (insofar as they are acting within the scope of their employment).\n\t(2)\tFor the purposes of this regulation, a person is a qualified auditor if—\n\t(a)\tthe person—\n\t(i)\tsatisfies the Chief Executive that they hold appropriate qualifications, experience and technical skills in planning or building assessment or a related discipline; and\n\t(ii)\tholds a current approval issued by the Chief Executive for the purposes of this regulation; or\n\t(b)\tthe person is acting under a memorandum of understanding entered into between the Chief Executive and an association or other body in connection with the conduct of audits under this regulation; or\n\t(c)\tthe person is an employee of the State and the Chief Executive considers that the person is suitably qualified to act as a qualified auditor under this regulation.\n\t(3)\tAn approval under subregulation (2)(a), or a memorandum under subregulation (2)(b), may relate to—\n\t(a)\tplanning assessment audits; or\n\t(b)\tbuilding assessment audits,\n(or both) as specified by the Chief Executive.\n\t(4)\tIt is a condition of the accreditation of an accredited professional to which this regulation applies—\n\t(a)\tthat they must have their activities in relation to the assessment of development under the Act audited by a qualified auditor in accordance with this regulation (a periodic audit); and\n\t(b)\tthat they must allow a qualified auditor to audit their activities in relation to the assessment of development under the Act if so directed by the accreditation authority.\n\t(5)\tThe purposes of an audit are—\n\t(a)\tto check whether the processes and procedures associated with the assessment of development, and the granting of any relevant consents, have been undertaken in accordance with the requirements of the Act, and any relevant regulations under the Act; and\n\t(b)\tto check any other matter determined by the accreditation authority for the purposes of this regulation.\n\t(6)\tThe first periodic audit under subregulation (4)(a) that is commenced in relation to an accredited professional following the commencement of the relevant regulations must be completed—\n\t(a)\tif the accredited professional is carrying on business as an accredited professional on the commencement of the relevant regulations and—\n\t(i)\ta periodic audit has previously been completed in relation to the accredited professional—within 5 years after the last periodic audit completed in relation to the accredited professional; or\n\t(ii)\ta periodic audit has not previously been completed in relation to the accredited professional—within 5 years after the date on which the accredited professional commenced business; or\n\t(iii)\ta periodic audit is being completed in relation to the accredited professional on the commencement of the relevant regulations—within 3 years after that periodic audit; or\n\t(b)\tif the accredited professional commences business as an accredited professional after the commencement of the relevant regulations—within 3 years after the date on which the accredited professional commences business.\n\t(7)\tThereafter, an accredited professional must ensure that a periodic audit is completed at least once in every 3 years.\n\t(8)\tAn accredited professional must, when applying to continue their accreditation under these regulations, provide, in a manner determined by the accreditation authority, evidence of compliance with this regulation (insofar as may be relevant).\n\t(9)\tIt will be a ground for the cancellation of the accreditation of an accredited professional if—\n\t(a)\tthe accredited professional has not complied with subregulation (6) or (7); or\n\t(b)\tthe accreditation authority considers that the accredited professional has not adequately addressed any matter identified by a qualified auditor during the course of an audit under this regulation.\n\t(10)\tAn audit under this regulation will relate to an antecedent period—\n\t(a)\tin the case of the first periodic audit completed in relation to an accredited professional in circumstances referred to in subregulation (6)(a)(i) or (ii) or a non‑periodic audit conducted in relation to the accredited professional before such a periodic audit—not exceeding 5 years; or\n\t(b)\tin any other case—not exceeding 3 years,\ndetermined to be appropriate by the qualified auditor.\n\t(11)\tAn audit under this regulation may be conducted by—\n\t(a)\tanalysing processes and procedures that have been employed by the accredited professional to ensure compliance with the requirements of the Act and any relevant regulations under the Act; and\n\t(b)\texamining random or selective samples of documents or other records to check on processes and procedures or to ascertain any other relevant matter; and\n\t(c)\tconducting interviews of persons who may be able to provide information relevant to the audit; and\n\t(d)\ttaking such other steps or making such other inquiries as the qualified auditor thinks fit.\n\t(12)\tA qualified auditor must, before finalising a report for the purposes of this regulation, give a copy of the report to the accredited professional to provide a response with a view to correcting any error of fact.\n\t(13)\tA qualified auditor must report to the accreditation authority any contravention or failure on the part of the accredited professional to comply with the requirements of the Act or any regulations under the Act, or any relevant code or other instrument, in a significant respect or to a significant degree in undertaking assessments identified by the auditor during the course of an audit.\n\t(14)\tIf a qualified auditor provides a report to the accreditation authority under subregulation (13), the accreditation authority may, after taking such action as the accreditation authority thinks fit—\n\t(a)\tmake recommendations to the accredited professional; or\n\t(b)\tgive directions to the accredited professional to rectify any matter, or to take any other action, with a view to preventing the recurrence of any act, failure or irregularity; or\n\t(c)\timpose conditions on the accreditation of the accredited professional; or\n\t(d)\talter the accreditation of the accredited professional to a lower level of accreditation; or\n\t(e)\ttake action under these regulations to cancel or suspend the accredited professional's accreditation.\n\t(15)\tIf—\n\t(a)\tthe accreditation authority makes a recommendation under subregulation (14); and\n\t(b)\tthe accreditation authority subsequently considers that the accredited professional has not, within a period specified by the accreditation authority, taken appropriate action in view of the recommendation,\nthe accreditation authority may, after consultation with the accredited professional, give directions to the accredited professional.\n\t(16)\tIf—\n\t(a)\tthe accreditation authority gives a direction under subregulation (14) or (15); and\n\t(b)\tthe accreditation authority subsequently considers that the accredited professional has not, within a period specified by the accreditation authority, taken appropriate action to comply with the direction,\nthe accreditation authority may take action under these regulations to cancel or suspend the accredited professional's accreditation.\n\t(17)\tNothing in this regulation limits or affects any other provision made by or under these regulations with respect to the accreditation of an accredited professional.\n\t(18)\tIn this regulation—\nrelevant regulations means the Planning, Development and Infrastructure (Accredited Professionals) (Audits) Amendment Regulations 2025.\nPart 6—Complaints\n28—Complaints\n\t(1)\tIn this regulation—\ncode of conduct means the code of conduct to be observed by accredited professionals adopted by the Minister under clause 1(1)(d) of Schedule 3 of the Act.\n\t(2)\tA person may make a complaint to the accreditation authority about an accredited professional if the person believes—\n\t(a)\tthat the accredited professional has failed to comply with, or acted in contravention of, the Act or any regulations under the Act (including these regulations) with respect to any matter associated with any assessment, decision, permission, consent, approval, authorisation, certificate or process that relates to any development (or proposed development); or\n\t(b)\twithout limiting paragraph (a), that the accredited professional has acted in a manner that constitutes an offence under section 91 of the Act; or\n\t(c)\tthat the accredited professional has acted in contravention of the code of conduct.\n\t(3)\tA complaint must—\n\t(a)\tbe made in the approved form; and\n\t(b)\tcontain particulars of the allegation on which the complaint is based; and\n\t(c)\tbe verified by statutory declaration.\n\t(4)\tExcept with the approval of the accreditation authority, a complaint must not be lodged with the accreditation authority more than 12 months after the day on which the complainant first had notice of the matters alleged in the complaint.\n\t(5)\tThe accreditation authority may require the complainant to give further particulars of the complaint (verified, if the accreditation authority so requires, by statutory declaration).\n\t(6)\tThe accreditation authority may refuse to investigate a complaint or, having accepted a complaint for investigation, may refuse to proceed further, if it appears to the accreditation authority—\n\t(a)\tthat the complainant does not have a sufficient interest in the matter to which the complaint relates; or\n\t(b)\tthat the matter raised by the complaint is trivial; or\n\t(c)\tthat the complaint is frivolous or vexatious or is not made in good faith; or\n\t(d)\tthat it would be more appropriate for proceedings to be initiated in a court or tribunal constituted by law, or for the matter to be handled by another authority; or\n\t(e)\tthat there is some other good reason not to proceed (or further proceed) with the matter under this regulation.\n\t(7)\tIf an accreditation authority has given an accredited professional notice of a complaint and then decides not to proceed (or further proceed) with the complaint under subregulation (6), the accreditation authority must ensure that the accredited professional is given notice of that decision.\n\t(8)\tThe accreditation authority may appoint a person to investigate the complaint.\n\t(9)\tIf the accreditation authority appoints an investigator—\n\t(a)\tthe accreditation authority must inform the accredited professional to whom the complaint relates of the appointment of the investigator and furnish formal notification of the nature of the complaint; and\n\t(b)\tthe investigator must conduct an investigation into the complaint as soon as practicable after the appointment has been made; and\n\t(c)\tthe investigator must give the accredited professional a reasonable opportunity to make representations to the investigator about the complaint; and\n\t(d)\tthe investigator may require the accredited professional to provide to the investigator any document or other information relevant to the investigation of the complaint (verified, if the investigator so requires, by statutory declaration); and\n\t(e)\tthe investigator—\n\t(i)\tmust otherwise comply with the rules of natural justice; and\n\t(ii)\tsubject to subparagraph (i), may conduct the investigation in such a manner as the investigator thinks fit (including by undertaking such other consultations and undertaking such other inquiries as the investigator thinks fit).\n\t(10)\tIf during an investigation the investigator is satisfied that there is a matter about which another complaint could have been made against the accredited professional, the investigator may, after consultation with the accreditation authority, deal with the matter as if a complaint had been made about the matter.\n\t(11)\tThe investigator—\n\t(a)\tmay report to the accreditation authority at any stage of the investigation; and\n\t(b)\tmust report to the accreditation authority at the conclusion of the investigation.\n\t(12)\tThe accreditation authority must provide the person to whom the complaint relates with a copy of a report presented under subregulation (11)(b) (and the accreditation authority may, if the accreditation authority thinks fit, invite a response from the person).\n\t(13)\tThe accreditation authority may, on the receipt of a report under subregulation (11)(b), or at the conclusion of any process that the accreditation authority has adopted in the alternative—\n\t(a)\tdecide to take no further action on the complaint; or\n\t(b)\tundertake any consultation or further inquiry as the accreditation authority thinks fit; or\n\t(c)\tcaution or reprimand the accredited professional; or\n\t(d)\tmake recommendations to the accredited professional; or\n\t(e)\timpose conditions on the accreditation of the accredited professional; or\n\t(f)\talter the accreditation of the accredited professional to a lower level of accreditation; or\n\t(g)\ttake action under these regulations to cancel or suspend the accredited professional's accreditation; or\n\t(h)\ttake such other action as the accreditation authority thinks fit.\n\t(14)\tThe accreditation authority must inform the complainant of the outcome of a complaint under subregulation (13).\n\t(15)\tNothing in this regulation limits or restricts any other action or proceeding that may be taken against or in relation to an accredited professional.\nPart 7—Review of decisions\n29—Review of decisions\n\t(1)\tIn this regulation—\nperson affected means—\n\t(a)\tin relation to a reviewable decision about an application for accreditation, the applicant; or\n\t(b)\tin relation to any other reviewable decision, the accredited professional whose accreditation is affected by the decision;\nreviewable decision means a decision of the accreditation authority under these regulations—\n\t(a)\tto refuse to grant an accreditation; or\n\t(b)\tto impose a condition on an accreditation, to vary a condition of an accreditation, or to refuse an application to vary a condition of an accreditation; or\n\t(c)\tto refuse to continue an accreditation; or\n\t(d)\tto alter the accreditation of an accredited professional to a lower level of accreditation; or\n\t(e)\tto cancel or suspend an accreditation;\nSACAT means the South Australian Civil and Administrative Tribunal.\n\t(2)\tA person affected by a reviewable decision may apply to SACAT for a review of the decision.\n\t(3)\tAn application for review may be made to SACAT within 28 days after the making of the relevant decision (or such longer period as SACAT may allow).\n\t(4)\tSACAT is vested with jurisdiction to review a reviewable decision.\nPart 8—Miscellaneous\n30—Circumstances in which an accredited professional may not act\n\t(1)\tAn accredited professional must not perform any function of an accredited professional in relation to a development—\n\t(a)\tif the accredited professional has been involved in any aspect of the planning or design of the development (other than through the provision of preliminary advice of a routine or general nature); or\n\t(b)\tif the accredited professional has a direct or indirect pecuniary interest in any aspect of the development or any body associated with any aspect of the development; or\n\t(c)\tif the accredited professional is employed by any person or body associated with any aspect of the development.\n\t(2)\tSubregulation (1)(b) and (c) do not apply to an officer or employee of the Crown or an officer or employee of a council (when acting in their capacity as such).\n\t(3)\tA person who contravenes subregulation (1) is guilty of an offence.\nMaximum penalty: $10 000.\n31—Acting without accreditation\nA person must not purportedly act as an accredited professional unless the person holds an accreditation under these regulations.\nMaximum penalty: $10 000.\n32—Service of notices\nA document or notice that must be given or served on a person by the accreditation authority under these regulations may be given, served or provided as follows:\n\t(a)\tby personal service on the person;\n\t(b)\tby leaving it for the person at the person's usual or last known place of residence or business—\n\t(i)\twith a person apparently over the age of 16 years; or\n\t(ii)\tby placing it in a letter box, or in a conspicuous place; or\n\t(c)\tby posting it in an envelope addressed to the person at the person's usual or last known place of residence or business; or\n\t(d)\tby sending it by using an email address known to be used by the person (in which case the document or notice will be taken to have been given or served at the time of transmission).\n33—Identity cards\n\t(1)\tThe accreditation authority may issue an identity card to an accredited professional—\n\t(a)\tcontaining a photograph of the accredited professional; and\n\t(b)\tsetting out the powers of the accredited professional in such manner as the accreditation authority thinks fit.\n\t(2)\tIf a person who has been issued with an identity card ceases to be an accredited professional, the person must return the identity card to the accreditation authority within 5 business days after the accreditation comes to an end.\nMaximum penalty: $1 000.\n34—Delegation\n\t(1)\tThe accreditation authority may delegate any of the accreditation authority's functions or powers under these regulations.\n\t(2)\tA delegation—\n\t(a)\tmay be made—\n\t(i)\tto a particular person or body; or\n\t(ii)\tto the person for the time being occupying a particular office or position; and\n\t(b)\tmay be made subject to conditions or limitations specified in the instrument of appointment; and\n\t(c)\tif the instrument so provides, may be further delegated by the delegate; and\n\t(d)\tis revocable at will and does not derogate from the power of the accreditation authority to act in any matter.\nSchedule 1—Continuing professional development\n1—Preliminary\nThe Chief Executive may—\n\t(a)\trecognise a particular activity as a CPD activity for the purposes of this Schedule;\n\t(b)\tdetermine what is required in order for a course or other activity to be recognised as a professional competency for the purposes of this Schedule.\n2—Planning (level 1)\n\t(1)\tThis clause applies in relation to an Accredited professional—planning level 1.\n\t(2)\tThe amount of continuing professional development required to be obtained by an accredited professional to which this clause applies in the relevant CPD period is 20 CPD units.\n\t(3)\tThe 20 CPD units required under subclause (2) must include at least the following number of units in the following professional competencies:\n\t(a)\t2 units in performance based planning or design;\n\t(b)\t2 units in decision making in development assessment;\n\t(c)\t2 units in legislative compliance;\n\t(d)\t1 unit in ethics in planning.\n3—Planning (level 2)\n\t(1)\tThis clause applies in relation to an Accredited professional—planning level 2.\n\t(2)\tThe amount of continuing professional development required to be obtained by an accredited professional to which this clause applies in the relevant CPD period is 4 CPD units.\n\t(3)\tThe 4 CPD units required under subclause (2) must include at least the following number of units in the following professional competencies:\n\t(a)\t1 unit in performance based planning or design;\n\t(b)\t1 unit in decision making in development assessment;\n\t(c)\t1 unit in governance;\n\t(d)\t1 unit in ethics in planning.\n3A—Planning (levels 3 and 4) and surveyors\n\t(1)\tThis clause applies in relation to—\n\t(a)\tan Accredited professional—planning level 3; and\n\t(b)\tan Accredited professional—planning level 4; and\n\t(c)\tan Accredited professional—surveyor.\n\t(2)\tThe amount of continuing professional development required to be obtained by an accredited professional to which this clause applies in the relevant CPD period is 20 CPD units.\n\t(3)\tThe 20 CPD units required under subclause (2) must include at least the following number of units in the following professional competencies:\n\t(a)\t2 units in decision making in development assessment;\n\t(b)\t2 units in legislative compliance;\n\t(c)\t1 unit in ethics in planning.\n4—Building (levels 1, 2 and 3)\n\t(1)\tThis clause applies in relation to—\n\t(a)\tan Accredited professional—building level 1; and\n\t(b)\tan Accredited professional—building level 2; and\n\t(c)\tan Accredited professional—building level 3.\n\t(2)\tThe amount of continuing professional development required to be obtained by an accredited professional to which this clause applies in the relevant CPD period is 20 CPD units.\n\t(3)\tThe 20 CPD units required under subclause (2) must include at least the following number of units in the following professional competencies:\n\t(a)\t2 units in construction practices and principles;\n\t(b)\t2 units in the application of performance based building code matters;\n\t(c)\t2 units in decision making in development assessment;\n\t(d)\t2 units in legislative compliance;\n\t(e)\t1 unit in ethics in development.\n5—Building (level 4)\n\t(1)\tThis clause applies in relation to an Accredited professional—building level 4.\n\t(2)\tThe amount of continuing professional development required to be obtained by an accredited professional to which this clause applies in the relevant CPD period is 10 CPD units.\n\t(3)\tThe 10 CPD units required under subclause (2) must include at least the following number of units in the following professional competencies:\n\t(a)\t1 unit in construction practices and principles;\n\t(b)\t1 unit in the application of performance based building code matters;\n\t(d)\t1 unit in legislative compliance;\n\t(e)\t1 unit in ethics in development.\nSchedule 2—Transitional provisions\n1—Interpretation\nIn this Schedule—\ndesignated day means 1 July 2019.\n2—Current private certifiers\n\t(1)\tThe following provisions apply in relation to a person who is registered as a private certifier under regulation 93A of the Development Regulations 2008 immediately before the designated day:\n\t(a)\ton the designated day, the person will be taken to be an accredited professional under these regulations;\n\t(b)\tthe person will be taken to hold the class of accreditation that most closely corresponds to the functions or activities that the person was authorised to perform as a private certifier under the Development Regulations 2008 immediately before the designated day, as determined by the accreditation authority;\n\t(c)\tthe accreditation that the person holds under this Schedule will have effect until the anniversary of the person's registration under regulation 93A of the Development Regulations 2008 next occurring on or after the designated day (and the person may apply for accreditation under these regulations to replace the accreditation conferred by this Schedule);\n\t(d)\tthe person will continue to be subject to any action, investigation or other process under regulation 93A(7) or (8), or 103, of the Development Regulations 2008, and the outcome of any such process may have effect for the purposes of the person's accreditation under these regulations (with the accreditation authority being able to exercise any power that would have been exercised by the Minister (or a registration authority under the Development Regulations 2008) in relation to the person's registration as if the person's registration under those regulations constituted accreditation under these regulations).\n\t(2)\tNothing in this clause limits the operation of the other provisions of these regulations in relation to accredited professionals or any accreditation conferred by this Schedule.\n3—Acting under Development Act 1993\n\t(1)\tA person who holds an accreditation under these regulations (including by virtue of the operation of clause 2) may, while the person remains accredited under these regulations, act as a private certifier under the Development Act 1993 and the Development Regulations 2008 if the person holds the appropriate qualifications under Part 15 of those regulations.\n\t(2)\tA person who acts as a private certifier under subclause (1) will, subject to any condition or limitation imposed by the accreditation authority under these regulations, be taken to be a private certifier for the purposes of the Development Act 1993 and the Development Regulations 2008 and any action under that Act or those regulations in relation to the person acting as a private certifier will have corresponding effect for the purposes of the person's accreditation under these regulations (with the accreditation authority being able to exercise any power that would have been exercised by the Minister (or a registration authority under the Development Regulations 2008) in relation to the person as if the person were registered under those regulations and the accreditation authority being able to take corresponding action under these regulations).\n\t(3)\tNothing in this clause limits the operation of the other provisions of these regulations in relation to accredited professionals or any accreditation conferred by this Schedule.\n4—Extended period of initial accreditation under these regulations\n\t(1)\tDespite regulation 18, the accreditation authority may, in issuing an accreditation under these regulations to a person for the first time, provide that the period of the accreditation will be for a term exceeding 12 months.\n\t(2)\tIn a case where subclause (1) applies, the anniversary date of the accreditation will, for the purposes of the other provisions of these regulations, be calculated from the date occurring 12 months before the date on which the period under subclause (1) is due to expire.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations and variations\nNew entries appear in bold.\nYear\nNo\nReference\nCommencement\n2019\n11\nGazette 7.2.2019 p420 \n1.4.2019: r 2\n2020\n231\nGazette 2.7.2020 p3722\n2.7.2020: r 2\n2021\n70\nGazette 3.6.2021 p1853\n1.7.2021: r 2\n2023\n49\nGazette 26.5.2023 p1372\n26.5.2023: r 2\n2025\n114\nGazette 5.11.2025 p4362\n7.11.2025: r 2\nProvisions varied\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nr 2\nomitted under Legislation Revision and Publication Act 2002\n2.7.2020\nr 3\n\n\ncorresponding Act\ninserted by 49/2023 r 3(1)\n26.5.2023\ndisqualifying event\namended by 49/2023 r 3(2)\n26.5.2023\nprescribed fee\ninserted by 70/2021 r 4\n1.7.2021\nrelated set of regulations\ninserted by 70/2021 r 4\n1.7.2021\nPt 2\n\n\nr 6\namended by 49/2023 r 4\n26.5.2023\nr 8\namended by 49/2023 r 5\n26.5.2023\nPt 3\n\n\nr 15\n\n\nr 15(2)\nvaried by 70/2021 r 5\n1.7.2021\nr 17\n\n\nr 17(2a)\ninserted by 231/2020 r 4\n2.7.2020\nr 17(4)\namended by 49/2023 r 6\n26.5.2023\nr 18\namended by 49/2023 r 7\n26.5.2023\nr 19\n\n\nr 19(1)\namended by 49/2023 r 8(1)\n26.5.2023\nr 19(2)\nvaried by 70/2021 r 6(1)\n1.7.2021\n\namended by 49/2023 r 8(2)\n26.5.2023\nr 19(3)\nvaried by 70/2021 r 6(2)\n1.7.2021\nr 19(4)\namended by 49/2023 r 8(3)\n26.5.2023\nr 19(4a) and (4b)\ninserted by 49/2023 r 8(4)\n26.5.2023\nr 19(5a)—(5c)\ninserted by 49/2023 r 8(5)\n26.5.2023\nr 19A\ninserted by 49/2023 r 9\n26.5.2023\nr 21\n\n\nr 21(2)\namended by 49/2023 r 10\n26.5.2023\nr 24\n\n\nr 24(2)\n(b) deleted by 49/2023 r 11(1)\n26.5.2023\nr 24(3a)\ninserted by 49/2023 r 11(2)\n26.5.2023\nPt 4\n\n\nr 25\n\n\nr 25(2)\namended by 49/2023 r 12(1)\n26.5.2023\nr 25(2a) and (2b)\ninserted by 49/2023 r 12(2)\n26.5.2023\nPt 5\n\n\nr 27\n\n\nr 27(6)\nsubstituted by 114/2025 r 3(1)\n7.11.2025\nr 27(7)\namended by 114/2025 r 3(2)\n7.11.2025\nr 27(10)\nsubstituted by 114/2025 r 3(3)\n7.11.2025\nr 27(18)\ninserted by 114/2025 r 3(4)\n7.11.2025\nPt 8\n\n\nr 30\n\n\nr 30(2)\namended by 49/2023 r 13\n26.5.2023\nSch 1\n\n\ncl 2\nsubstituted by 49/2023 r 14(1)\n26.5.2023\ncl 3\n\n\ncl 3(2)\namended by 49/2023 r 14(2)\n26.5.2023\ncl 3(3)\namended by 49/2023 r 14(3)\n26.5.2023\ncl 3A\ninserted by 49/2023 r 14(4)\n26.5.2023\ncl 4\n\n\ncl 4(3)\namended by 49/2023 r 14(5)\n26.5.2023\ncl 5\n\n\ncl 5(3)\n(c) deleted by 49/2023 r 14(6)\n26.5.2023\nTransitional etc provisions associated with regulations or variations\nPlanning, Development and Infrastructure (Accredited Professionals) (Miscellaneous) Amendment Regulations 2023 (No 49 of 2023), Sch 1—Transitional provision\n1—CPD requirements\n\t(1)\tSchedule 1 of the principal regulations, as amended by regulation 14 of these regulations, applies to the prescribed CPD period of each accredited professional (as well as to subsequent CPD periods).\n\t(2)\tRegulation 25(2) of the principal regulations, as in force immediately before the relevant day, applies to the prescribed CPD period of each accredited professional such that any CPD units completed by the accredited professional in the 12 months immediately preceding the prescribed day count towards the amount of CPD completed by the accredited professional during the prescribed CPD period.\n\t(3)\tIn this clause—\nprescribed CPD period means a CPD period that has commenced but not ended by the relevant day;\nprescribed day means the day on which an application under regulation 19 in respect of the accredited professional is next lodged with the accreditation authority after the relevant day;\nprincipal regulations means the Planning, Development and Infrastructure (Accredited Professionals) Regulations 2019;\nrelevant day means the day on which this clause comes into operation.\nHistorical versions\n2.7.2020\n\n1.7.2021\n\n26.5.2023\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No determination can be made about whether the regulations diverged from their original intent."},"complexity_factors":["No legislative text was retrievable — the source URL returned a page-not-found error","Complexity cannot be meaningfully assessed without access to the actual provisions","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"These regulations implement the Planning, Development and Infrastructure Act 2016 by defining how “accredited professionals” operate in South Australia’s planning and development system. They set the framework for who can be accredited, the likely qualification and application requirements, and the conduct rules that govern their work. This affects building and planning professionals seeking accreditation, developers who rely on them, and the public using the planning system."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulations have been materially altered since they were first made. Amendments inserted an extension pathway for accreditation (r 19A, inserted by 49/2023 r 9), revised CPD requirements and competencies (Sch 1, varied by 49/2023 r 14 and transitional clause), and replaced and expanded audit timing and scope (r 27 substitutions by 114/2025 r 3). These changes adjust operational scope — adding flexibility for accredited professionals, modifying compliance obligations and altering audit oversight and antecedent review periods."},"complexity_factors":["Multiple classes of accreditation with class‑specific criteria and competencies (r 5(1)–(3); Sch 1).","Significant discretion vested in the Chief Executive to set, vary and approve qualifications, conditions and recognised schemes (r 5(2)–(3); r 17(3)–(5); r 34).","Detailed annual continuation, timing, late application and limited extension rules creating administrative timing complexity (r 18–19, r 19A).","CPD rules with unit counting, exemptions, record‑keeping and audit requests impose ongoing compliance and documentation obligations (r 25–26; Sch 1).","Audit regime requiring qualified auditors, periodic and directed audits, antecedent review periods and auditor reporting with consequential powers (r 27).","Complaints and investigation pathway with time limits, statutory declarations, powers to refuse trivial or vexatious matters and possible sanctions (r 28).","Formal review route to SACAT for many decisions and cross‑linking to other instruments increases procedural complexity (r 29; multiple cross‑references).","Monetary penalties and criminal offences for breaches of conditions and improper acting, mixed with transitional provisions and successive amendments (r 17(6), r 30(3), r 31; Sched 2; legislative history)."],"plain_english_summary":"Creates an accreditation scheme, run by the Chief Executive, for planning, surveying and building professionals. It sets how people apply, pay prescribed fees, renew annually or seek short extensions, complete continuing professional development (CPD), keep records, undergo audits, be investigated on complaint, and be cancelled or penalised (see regs 15, 19–19A, 25–27, 28, 30–31).\n\nAffects private certifiers, planners, surveyors and building assessors who may be authorised to act as relevant authorities and who bear compliance costs (fees, CPD, audits, indemnity and record‑keeping) and face discretionary oversight by the accreditation authority."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive accreditation scheme for private planning and building professionals. While it has been amended several times (as shown in the legislative history), these amendments appear to be refinements and operational improvements rather than scope creep. The 2023 amendments added an extension mechanism for accreditation and clarified CPD requirements, while the 2025 amendment updated audit timing provisions. These changes remain within the original purpose of establishing and maintaining professional standards for accredited professionals."},"complexity_factors":["Multiple nested cross-references to the Planning, Development and Infrastructure Act 2016 and the General Regulations 2017, requiring readers to consult external documents to understand full powers","9 distinct accreditation classes with overlapping but hierarchically arranged functions (e.g., Level 1 planning professionals can do everything Levels 2-4 can do, plus more)","Complex conditional logic in regulation 19 (continuation) and 19A (extension), including anniversary date calculations, late application provisions, and interaction between continuation and extension applications","Detailed audit provisions in regulation 27 with multiple sub-conditions for timing (5-year vs 3-year cycles depending on commencement circumstances) and extensive procedural requirements","Schedule 1 imposes different CPD (continuing professional development) hour requirements and competency mixes across the 9 classes, with specific unit allocations for different professional competencies","Multiple exceptions to exceptions, particularly regarding insurance requirements (regulation 17(2)) and audit exemptions (regulation 27(1))","Transitional provisions in Schedule 2 creating parallel operation with the repealed Development Act 1993 system during the changeover period"],"plain_english_summary":"This legislation sets up a licensing system for private professionals who assess development applications in South Australia. It replaces the old private certifier system under the Development Act 1993.\n\n**Who it affects:**\n- **Planning and building professionals** who want to assess development applications independently (not as council employees)\n- **Property developers** who use these professionals to get approvals\n- **Homeowners** building or renovating who need private certification\n\n**What it does:**\n- Creates **9 different licence classes** ranging from senior planning assessors (Level 1) to specialist building certifiers (Level 4)\n- Sets rules for who can get accredited, including qualifications, experience, and being a \"fit and proper person\" (someone trustworthy with no serious misconduct)\n- Requires **annual renewal** of licences with proof of continuing professional development (training hours)\n- Mandates **professional indemnity insurance** (insurance that covers mistakes in professional work) for most accredited professionals\n- Establishes a **complaints and audit system** where professionals must submit to periodic checks of their work quality\n- Allows the Chief Executive to cancel or suspend accreditation for misconduct, incompetence, or criminal behaviour\n- Provides **appeal rights** to the South Australian Civil and Administrative Tribunal (SACAT) if accreditation is refused or cancelled\n\n**Why it matters:**\nThis ensures that private professionals assessing building and planning applications are competent, insured, and accountable. It protects the public from dodgy approvals that could lead to unsafe buildings or planning disasters, while allowing the development industry to operate efficiently with qualified private certifiers."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019","history":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019/history","analysis":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019/analysis","conflicts":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019/conflicts","importantCases":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019/important-cases","documents":"/api/acts/planning-development-and-infrastructure-accredited-professionals-regulations-2019/documents"}}