What it does
The Plumbers Licensing Act 1995 is an enabling statute whose primary purpose is to create an administrative and regulatory architecture for the licensing of plumbers and the control of plumbing work in Western Australia. Section 59 establishes the Plumbers Licensing Board as a statutory body. The Board’s functions, set out in s 59B(1), are fourfold: (a) to monitor qualification and training matters and advise the Minister and (with approval) others; (b) to advise on licensing and regulation of plumbers; (c) to administer any licensing scheme created by regulation; and (d) to perform licensing, disciplinary and other functions conferred by regulation. Subsection 59B(2) adds any functions given by other written laws.
The Act deliberately leaves the detail of who may be licensed, what classes of licence exist, the qualifications or competency standards required, the duration and renewal of licences, conditions that may be imposed, the keeping of a register, the handling of complaints, disciplinary processes, review rights and the publication of disciplinary outcomes to regulations made under s 59J(1) by reference to the expansive list in Schedule 3. Clause 8 of Schedule 3 is particularly detailed, enumerating 15 specific matters (a)–(o) that may be addressed in relation to licensing, including the conferral of jurisdiction on the State Administrative Tribunal both for disciplinary hearings and for review of Board or committee decisions.
The Act prohibits unlicensed persons from carrying out plumbing work (cl 9 of Schedule 3) and authorises regulations to prescribe standards, inspection regimes, powers of entry for inspectors, fees (cl 13) and the adoption by reference of external codes or standards (s 59L). Offence-creating power is granted by s 59K, limited to fines not exceeding $5 000, together with an infringement-notice scheme.