Part 3Registration of building work supervisors

Part 3—Registration of building work supervisors 12—Building work must be supervised by registered and approved supervisors (1) A licensed building work contractor must ensure— (a) that there is a registered building work supervisor approved by the Commissioner under this Act as a building work supervisor in relation to the contractor's business at all times during the currency of the licence; and (b) that building work of any kind performed under the authority of the licence is properly supervised by a registered building work supervisor— (i) who is so approved in relation to the contractor's business; and (ii) whose registration authorises the supervision of building work of that kind. (2) Subsection (1)(b) does not apply in relation to building work that is properly supervised by a registered architect. (3) If for a period exceeding 28 days— (a) there is not a registered building work supervisor approved in relation to a licensed building work contractor's business as required by subsection (1); or (b) building work performed under the authority of a licence is not supervised as required by that subsection, the licence is suspended until the contractor complies with the requirements of subsection (1). (4) The Commissioner may, on application by a licensed building work contractor, exempt the contractor from compliance with subsection (1) for a period and subject to conditions determined by the Commissioner if the Commissioner is satisfied that the contractor has made suitable arrangements for all building work performed under the authority of the licence to be properly supervised by a person who is, in the opinion of the Commissioner, competent to perform that function. (5) The Commissioner may, of the Commissioner's own initiative or on application by a licensed building work contractor, if satisfied that there is proper cause to do so— (a) vary the period of an exemption under this section; or (b) vary or revoke the conditions of the exemption or impose a further condition; or (c) revoke the exemption. 13—Classes of registration (1) There are the following classes of registration for the purposes of this Act: (a) building work supervisors registration—registration authorising a person to supervise building work of any kind; (b) building work supervisors registration with conditions—registration as a building work supervisor subject to conditions limiting the work that may be supervised under the authority of the registration. (2) Conditions limiting the work that may be supervised under the authority of registration— (a) may be imposed by the Commissioner— (i) on the grant of the registration; or (ii) at any time on application by the registered building work supervisor; and (b) may be varied or revoked by the Commissioner at any time on application by the registered building work supervisor. 14—Certain people registered under other Acts taken to be registered The following people are to be taken to hold building work supervisors registration for the purposes of this Part: (a) registered architects; (b) subject to any limitations prescribed by the regulations, people registered under Part 3 of the Plumbers, Gas Fitters and Electricians Act 1995. 15—Application for registration (1) An application for registration must— (b) except where the applicant is a licensed building work contractor—be accompanied by the fee fixed by regulation. (2) An applicant for registration must provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the applicant and any other information required by the Commissioner for the purposes of determining the application. (3) A certificate of registration will include a photograph of the registered building work supervisor; consequently, an applicant for registration may be required by the Commissioner— (a) to attend at a specified place for the purpose of having the applicant's photograph taken; or (b) to supply the Commissioner with one or more photographs of the applicant as specified by the Commissioner. (4) If an applicant for registration has previously failed to pay a fee or penalty that became payable under this Act, the Commissioner may require the applicant to pay the whole or a specified part of the fee or penalty. (5) The Commissioner may, by notice in writing, require an applicant for registration, within a time fixed by the notice (which may not be less than 28 days after service of the notice), to comply with any requirement under this section to the Commissioner's satisfaction. (6) If the applicant fails to comply with the notice under subsection (5), the Commissioner may, without further notice, refuse the application but keep the fee that accompanied the application. 16—Entitlement to be registered A natural person is entitled to be registered if the person— (a) has— (i) the qualifications and experience required by regulation for the kind of work authorised by the registration; or (ii) subject to the regulations, qualifications and experience that the Commissioner considers appropriate having regard to the kind of work authorised by the registration; and (b) is a fit and proper person to be registered. 17—Reviews (1) An applicant for registration may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of a decision of the Commissioner refusing the application. (2) Subject to subsection (4), an application for review must be made within 1 month of the making of the Commissioner's decision. (3) The Commissioner must, if so required by the applicant, state in writing the reasons for the Commissioner's decision to refuse the application. (4) If the reasons of the Commissioner are not given in writing at the time of making the decision and the applicant (within one month of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the applicant receives the written statement of those reasons. 17A—Power of Commissioner to require photograph and information The Commissioner may, by notice in writing, require a registered building work supervisor, within a time fixed by the notice (which may not be less than 28 days after service of the notice)— (a) at least once in every 10 years— (i) to attend at a specified place for the purpose of having the building work supervisor's photograph taken; or (ii) to supply the Commissioner with one or more photographs of the building work supervisor as specified by the Commissioner; and (b) not more than once in each year—to provide the Commissioner with such evidence as the Commissioner thinks appropriate as to the identity, age and address of the building work supervisor and information about any other specified matters. 18—Duration of registration and periodic fee and return etc (1) Registration remains in force (except for any period for which it is suspended) until— (a) the registration is surrendered or cancelled; or (b) the registered building work supervisor dies. (2) A registered building work supervisor must, at intervals fixed by regulation— (a) pay to the Commissioner the fee fixed by regulation; and (b) lodge with the Commissioner a return in the manner and form required by the Commissioner. (3) If a registered building work supervisor fails to pay the fee or lodge the return in accordance with subsection (2), or to comply with a notice under section 17A, the Commissioner may, by notice in writing, require the supervisor to make good the default. (4) If the registered building work supervisor fails to comply with the notice within 28 days after service of the notice, his or her registration is cancelled. (5) The Commissioner must notify the building work supervisor in writing of the cancellation of his or her registration. (6) A registered building work supervisor may surrender his or her registration. (7) In this section— registered building work supervisor includes a registered building work supervisor whose registration has been suspended. 19—Approval as building work supervisor in relation to licensed building work contractor's business (1) Subject to this section, the Commissioner may, on application by a licensed building work contractor, approve a person as a building work supervisor in relation to the contractor's business. (2) If a licensed building work contractor is a registered building work supervisor authorised to supervise building work of a kind not more limited than that which the contractor is authorised to perform under the licence, the contractor is to be taken to have been approved by the Commissioner under this section as a building work supervisor in relation to the contractor's business. (3) An application for approval must— (b) be accompanied by the fee fixed by regulation. (4) A person is not eligible to be approved as a building work supervisor in relation to a licensed building work contractor's business unless the person is a registered building work supervisor. (5) The Commissioner may refuse an application for approval of a person as a building work supervisor in relation to a licensed building work contractor's business— (a) if the person is not eligible to be so approved; or (b) if the person is already approved as a building work supervisor in relation to the business of a person other than the contractor. (7) If— (a) a licensed building work contractor carries on business in partnership with other persons licensed under this Act; and (b) the composition of the partnership changes or the partnership is dissolved, the contractor must ensure that, within 14 days after the change in composition of the partnership or dissolution of the partnership, the Commissioner is notified in writing of that fact. (8) If— (a) a person approved as a building work supervisor in relation to a licensed building work contractor's business has been employed or otherwise engaged by the contractor for the purpose of performing that function; and (b) the person ceases to be employed or engaged to perform that function, the contractor must ensure that, within 14 days after the person ceases to be employed or engaged to perform that function (whether or not the person remains employed or engaged by the contractor to perform any other function), the Commissioner is notified in writing of that fact. (9) If the Commissioner is satisfied that a person approved as a building work supervisor in relation to a licensed building work contractor's business is no longer eligible to be so approved, the Commissioner must cancel the approval.