Part 2: Registration requirements
Recognised training (clause 4): The Secretary may require an applicant to have completed recognised training as a condition of registration. The Secretary may recognise and revoke recognition of training providers.
Qualifications and experience (Schedule 2): Each class of registration requires specified qualifications (generally tertiary qualifications in the relevant discipline) and experience. The Schedule lists minimum academic qualifications, licences or registrations from other bodies (such as Engineers Australia or the Association of Accredited Certifiers) and minimum years of experience.
Knowledge and skills (Schedule 3): Applicants must demonstrate specified knowledge and skills appropriate to their class of registration. For engineers, this includes knowledge of the Building Code of Australia (BCA), relevant standards, and the certification legislation. For building surveyors, this includes knowledge of planning legislation, construction methods and BCA compliance assessment.
Continuing professional development (Schedule 4): Registered certifiers must complete a minimum number of CPD hours annually. CPD must address the categories specified in Schedule 4 and must be recorded and available for audit.
Part 3: Insurance
Registered certifiers must hold professional indemnity insurance that:
- covers certification work authorised by their class of registration (clause 15);
- meets the minimum coverage amounts prescribed in Part 2 of the Regulation;
- does not contain exclusions that would render it effectively worthless for certification work purposes;
- is with an approved insurer.
The insurance must be in force for the full period of registration. A certifier whose insurance lapses must notify the Commissioner and ceases to be authorised to carry out certification work until insurance is renewed.
Part 4: Conflicts of interest
Prescribed conflicts (clause 24): A certifier has a conflict of interest if:
(a) the certifier issues a strata certificate for a plan prepared by the certifier or a person with a family, personal, employment or business relationship with the certifier;
(b) the certifier has provided substantive design advice or proposed a design option (including a performance solution) for an aspect of development, and then carries out certification work for that same aspect.
The exception for class 1 and class 10 buildings: advice on how to amend plans to comply with a deemed-to-satisfy provision of the BCA does not create a conflict for class 1 and class 10 buildings.
Exceptions to conflict (clause 25): Conflicts do not arise in specified circumstances, including:
- Council certifiers issuing certificates to their own council for low-value work (under $2,000,000 capital investment value).
- Swimming pool inspectors doing minor remedial work and then issuing compliance certificates (subject to cost limits and licence conditions).
- Certifiers doing council and private work in the same area, as long as the two bodies of work do not relate to the same development.
- Certifiers providing advice on compliance (as distinct from providing design options).
Part 5: Contracts for certification work
Contracts between registered certifiers and their clients must comply with Part 5. Prescribed terms must be included and certain terms are prohibited. The contract must identify the certifier's registration number and class.
Part 7: Record keeping
Registered certifiers (Division 1): Certifiers must keep records of certification work including copies of certificates issued, inspection records and supporting documentation. Records must be kept for at least seven years and made available to the Commissioner on request.
Local councils (Division 2): Councils must keep records of certification work performed by council certifiers.
Accreditation authorities (Division 3): Accreditation authorities must keep records of accreditation holders and make prescribed information available on their websites.
Schedule 5: Code of conduct
The code of conduct (Schedule 5) imposes the following obligations on all registered certifiers:
- Act in the public interest (clause 2): A certifier must act in the public interest, must take all reasonable steps not to adversely affect the health or safety of any person or the safety of property, and must not act for private benefit.
- Community standards (clause 3): A certifier must apply building laws without favour, act with honesty and integrity, not unreasonably discriminate, not bring the profession into disrepute, and exercise reasonable care.
- Act within class of registration (clause 4): A certifier must not carry out certification work outside their authorised class, must seek specialist advice when work is beyond their competence, and must not carry out certification work negligently.
- Maintain competence (clause 5): A certifier must remain informed of developments in building design, practice, management and law relevant to their functions.
- Avoid conflicts of interest (clause 6): A certifier must be objective, impartial and free of conflicts, and must not use their status for improper personal benefit.
Criminal penalty for breach: A registered certifier who fails to comply with the code of conduct is guilty of an offence. Maximum penalty: 100 penalty units (individual), 200 penalty units (body corporate).
Schedule 8: Information obligations of principal certifiers
The principal certifier for building work must provide prescribed information to authorities within specified timeframes:
- At least 2 business days before commencing building work: the certifier's registration details, appointment date, employer details, work description and address.
- During the work: updates on inspections, critical stage notifications and other matters as prescribed.
- After completion: information about the final certificate and occupation certificate.
Information must be provided in a manner approved by the Secretary. Swimming pool and spa pool works are exempt (clause 2(2) of Schedule 8).