9Conditions of accreditation

9 Conditions of accreditation

(1) For subsection 27 (1) of the Act, this regulation prescribes conditions that are imposed on the accreditation of all assessors. (2) An assessor must: (a) be covered by professional indemnity insurance that is adequate to cover claims arising out of assessments the assessor carries out under the Act; and (b) be covered by public liability insurance of at least $10 million in relation to his or her functions as an accredited assessor. (3) An assessor must, at the time the assessor applies to an issuing authority for a building energy efficiency certificate, disclose in writing to the authority any material interest the assessor has in the issue of the certificate if that interest could conflict with the proper performance of his or her functions as an accredited assessor. (3A) An assessor must, when providing an assessment in relation to an application for an exemption under section 17 of the Act, disclose in writing to the Secretary any material interest the assessor has in the issue of the application if that interest could conflict with the proper performance of his or her functions as an accredited assessor. (4) Subregulations (3) and (3A) apply to interests: (a) whether or not pecuniary; and (b) whether acquired before or after the assessor’s accreditation. (5) An assessor must identify himself or herself to an owner, lessee or sublessee of a building or an area of a building before accessing the building, the area or an area associated with the building: (a) under subsection 18 (4) of the Act; or (b) for the purpose of performing any other function under the Act or these Regulations. (6) For subregulation (5), the assessor must identify himself or herself by providing the registration number assigned to the assessor under subsection 31 (2) of the Act. (7) An assessor must complete any further professional development requested in writing by the Secretary. (8) An assessor must be: (a) registered as a NABERS accredited assessor in relation to the energy efficiency of offices by the NSW Environment Agency; or (b) appointed as a NABERS auditor by the NSW Environment Agency.