Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000)
Part 6Auditing cabling work
Start here
Get a plain-English read of Part 6
Turn the raw legal text into a practical explanation grounded in Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000).
The Telecommunications Cabling Provider Rules 2000 (the Rules) made by the Australian Communications Authority (ACA) under subsection 421(1) of the Telecommunications Act 1997 (the Act) apply to every person who wishes to perform or supervise the performance of cabling work specified in Part 2 of the Rules. The Rules commence on 3 October 2000.
However, if a person held a cabling licence under the Act immediately before the commencement of the Rules, the person becomes subject to the Rules on the earliest of the expiration of the person's current licence or when the person is registered under the registration system made under Part 3 of the Rules, or on 3 October 2005. If a person holds a current cabling licence and registers, the conditions of the licence and the conditions of registration are both applicable. Registrars should advise applicants to surrender their cabling licence where the licence expiry period is greater than 1 month starting on the date of the making of an application for registration.
Part 4 of the Rules specify requirements for the performance of types of cabling work described in Part 2 of the Rules. Cabling providers must comply with these requirements which include:
registration of cabling providers and supervisors of cabling work;
compliance with standards for cabling work;
mandatory use of compliant cabling and customer equipment;
direct supervision of unregistered cabling providers;
certification of cabling work; and
compliance with additional requirements for the performance of restricted cabling work that relates to aerial cabling.
Part 3 of the Rules requires the ACA to make arrangements for the operation of a system for the registration of cabling providers (the system), including supervisors of cabling work. Subsection 3.1(2) of the Rules lists the matters that must be included in the system and subsection 3.1(3) of the Rules lists matters that may be included in the system.
The matters included in the system (which may be amended from time to time) for the registration of cabling providers, under which an accredited registrar must operate, are set out in this document.
Part Part 6 - Telecommunications Cabling Provider Rules 2000 - Arrangements for Operation of the Registration System (No. 2) (04/12/2000) - Auditing cabling work | Zoe
Part 2 - Competency requirements for registration
For the purpose of the system, competency requirements with which a cabling provider must comply before being eligible for registration must be published by the ACA under paragraph 3.1(2)(a) of the Rules. These requirements are contained in the publication entitled Competency Requirements for Cabling Provider Rules 2000 (competency requirements) for the types of cabling work described in Part 2 of the Rules and are set out in Schedule 1.
All qualifications, units of training and/or competency standards must be determined in the manner set out in the competency requirements. In the event that qualifications, units of training and/or competency standards, as determined, have not been endorsed by the Australian National Training Authority, the ACA may give reasonable directions to registrars regarding the use of suitable qualifications, units of training and/or competency standards that will be acceptable for the purpose of registration.
Registrars must advise applicants who wish to register with them of the relevant qualifications, units of training and/or competency standards, that when attained, satisfy the competency requirements for the types of cabling work specified in Part 2 of the Rules.
Recently expired cabling licences and registrations
For the purposes of paragraph 17 of these arrangements, a cabling provider who held a cabling licence under the Act or registration with an accredited registrar may, within 30 days after the expiration of that licence or registration, use that licence or registration as evidence of competency as if it were a current cabling licence or current registration.
For the purposes of paragraph 17 of these arrangements, the ACA may, at its discretion, allow a cabling provider who held a cabling licence under the Act or registration with an accredited registrar that has expired for more than 30 days, to use that licence or registration as evidence of competency as if it were a current cabling licence or current registration. This discretion will only be exercised in extraordinary circumstances where the cabling provider can show just cause. When exercising this discretion the ACA will have regard to the period that the cabling licence or registration has lapsed, any administrative errors relating to registration, personal circumstances of the cabling provider (eg. overseas postings and health), changes to relevant standards and the Wiring Rules, other evidence of competency and all relevant provisions in the Rules. The cabling provider must make an application for this purpose in writing to the ACA showing just cause why the discretion should be exercised. The ACA will consider the application and provide written advice to the cabling provider. The cabling provider may then take that advice to an accredited registrar and the registrar will be allowed to register the provider where the advice specifies that the cabling provider may use an expired licence or registration as evidence of competency.
Part 3 - Registration of cabling providers and conduct of the registrar
Registrars entitled to conduct registration services must be accredited in accordance with accreditation procedures made and published by the ACA under subsection 3.1(7) of the Rules. These procedures are the Accreditation Procedures for Cabling Provider Registrars made by the ACA on 3 October 2000.
For the purpose of the system, the registration of cabling providers and the conduct of registrars is set out in a Deed in relation to Cabling Provider Registrar Obligations (the Deed). These are matters that can be included in the system under paragraphs 3.1(2)(b), 2(c) and 3(a) of the Rules. The Deed is in a standard form approved by the ACA and will be the same for all accredited registrars. Additional provisions apply where the registrar is under the control of one or more controlling entities.
The Deed is between the registrar, its controlling entity(ies) if any and the ACA. The Deed must be executed by all the parties to give effect to the accreditation of the registrar by the ACA.
The approved form of the Deed is set out in Schedule 2. The provisions in the Deed regarding controlling entities will not apply if there are no such entities.
A registrar must conduct itself in a manner consistent with the obligations in the Deed. The Deed includes provisions, consistent with the Privacy Act 1988 and the Information Privacy Principles, for the protection of personal information given to a registrar.
A registrar also has the following obligations and responsibilities:
(i) The registrar must provide applicants with appropriate registration forms and provide assistance to complete the forms. The registration forms must include the information requirements set out in Schedules 3 and 4.
(ii) The registrar must advise applicants about the evidence of competency required to make an application and advise them about their obligations to retain that evidence during the registration period and for the purpose of auditing and inspection of cabling work.
(iii) The registrar must ensure that registration forms are completed correctly and issue an appropriate registration to the cabling provider for the type of cabling work.
(iv) In the case of a registration for cabling work in relation to digital data security alarm services, fire alarm services and computer services, the registration form must include on it words to the effect of “limited to Security, Fire and/or Computer cabling” as appropriate.
(v) Upon registration, the registrar must provide a cabling provider with a copy of the Explanatory Guide to Cabling Provider Rules so that the provider is made aware of all legal obligations under the Rules.
(vi) Each registrar may set its own registration period during which a person may be registered as a cabling provider. Before the expiry of the registration period for a cabling provider, the registrar must make suitable arrangements for informing the provider of the need to renew the provider's registration at the end of the registration period.
Part 4 - Conditions for registration
For the purpose of the system, conditions for registration may apply under paragraph 3.1(3)(b) of the Rules. A person must comply with the following conditions to be registered as a cabling provider.
(i) The person must correctly complete and sign the declaration on the registration form which includes the details set out in Schedule 3 when applying for registration for the particular types of cabling work in Part 2 of the Rules. In the declaration the person must verify that the competency requirements have been met for the type of cabling work and that the person will comply with the Rules.
(ii) The person must hold evidence of competency before being registered and at the time of making an application for registration must declare to the registrar that the person:
holds appropriate qualifications, has completed the necessary units of training and/or attained the relevant competency standards; or
holds a current cabling licence under the Act; or
has a current registration as a cabling provider with an accredited registrar.
(iii) For a person who holds a current cabling licence under the Act and who wishes to convert to another registration type for cabling work under Part 2 of the Rules, the following table applies when making such an application.
Current Cabling Licence Type
Registration Type
Base Cabling LicenceGeneral Premises Cabling Licence
Open
Restricted Cabling Licence
Restricted
Lift Premises Cabling Licence
Lift
Special conditions for security alarm, fire alarm and computer cabling work
Special conditions apply to a person performing cabling work that relates only to digital data security alarm, digital data fire alarm or digital data computer services where cables are connected to the telecommunications network and the person does not have evidence of competency. Such a person must register as a cabling provider with an accredited registrar not later than 6 months after the Rules commence.
A person must comply with the following conditions to be registered as a cabling provider performing cabling work that relates to digital data security alarm services, digital data fire alarm services and digital data computer services:
(i) The person must, within 3 years starting on 3 October 2000, meet the competency requirements relevant to the type of cabling work for these services.
(ii) During the period of 3 years starting on 3 October 2000, if the person performing cabling work in relation to these services does not meet the relevant competency requirements, the person is only permitted to undertake cabling work which is behind a compliant device such as an alarm panel or modem.
(iii) The person must not terminate any cables between the network boundary and the compliant device.
(iv) The person must correctly complete and sign the special declaration on the registration form which includes the details set out in Schedule 4 when applying for registration to perform cabling work in relation to these services. The declaration must contain a statement that the person will comply with the Rules and hold evidence of competency by 2 October 2003 should the person continue performing such cabling work after that date.
Part 5 - Circumstances in which registration may be suspended, revoked or renewed
For the purpose of the system, the ACA may under paragraph 3.1(3)(c) of the Rules specify circumstances in which a registrar may suspend, revoke or subsequently renew a registration. Such a decision can only be made if the ACA gives a written direction to a registrar to suspend, revoke or renew a registration.
The registrar must immediately give a notice to this effect to the cabling provider and update the records of the cabling provider showing the person's status. During the period of suspension of a registration the effect is that the cabling provider may not perform cabling work of any type.
The ACA will have regard to breaches of the Rules before giving a direction.