Water Services Licensing Act 1995

The central concept in the Act is the Plumbers Licensing Board, a statutory body established by s 59. The Board comprises not more than 9 members appointed by the Minister in accordance with regulations (s 59A). Its role is to act as the key advisory, administrative and quasi-judicial body for the plumbing licensing regime. The Board is not a mere advisory body; it has concrete administrative functions including administering the licensing scheme (s 59B(1)(c)) and performing disciplinary functions conferred by regulations (s 59B(1)(d)). The Board’s powers are broad , s 59C states it has all the powers it needs to perform its functions under the Act or any other written law, which would include powers to gather information, set conditions on licences, and refer matters to the State Administrative Tribunal.

A second key concept is plumbing work, defined in s 59I as work of a kind specified to be water supply plumbing, sanitary plumbing or drainage plumbing. This definition is not self-contained; it relies on the regulations to specify what falls within each category. The term plumber is defined in s 3 as a person who carries out plumbing work as defined in s 59I, making the definition circular in a sense , a plumber is someone who does plumbing work, and plumbing work is defined by regulation. The Act itself therefore does not directly regulate who may do plumbing work; that is left entirely to regulations made under s 59J which may, for example, prohibit persons other than licence holders from carrying out plumbing work (Schedule 3, item 9).

The concept of licensing is also a creature of regulation. The Act provides no express licensing criteria, classes, or conditions. Instead, Schedule 3 lists extensive purposes for which regulations may be made concerning licensing, including: who may hold a licence, classes of licence and the plumbing work each class authorises, qualification and competency requirements, matters the Board must be satisfied of before granting a licence, duration, renewal, suspension or cancellation, conditions and restrictions, registers, complaints, disciplinary matters, conferral of jurisdiction on the State Administrative Tribunal, publication of suspension or cancellation information, advertising by licence holders, and savings and transitional matters (Schedule 3, item 8(a)-(o)). This means the substantive licensing rules are found in the Plumbers Licensing Regulations made under the Act, not in the Act itself.

The Building Services Account is another important concept: s 59J(2) requires that fees paid or recovered under the plumbing regulations be credited to that account, which is the account referred to in the Building Services (Complaint Resolution and Administration) Act 2011 s 92(1). This links the plumbing licensing fee revenue to a broader account for building services.

Protection from liability (s 60A) is a statutory immunity for persons acting in good faith in the performance or purported performance of a function under the Act. ‘Person’ includes Board members, delegates, and any person exercising powers under the regulations. The protection extends to the Board and the Crown as well. This is a typical provision for regulatory bodies to enable fearless exercise of statutory powers.

Finally, the concept of restricted information (s 60B) creates a duty of confidentiality for those who obtain information in the course of performing functions under the Act. The prohibition covers recording, disclosing or making use of the information, with exceptions for performing functions under the Act, as required by another written law, with written consent of the person to whom the information relates, or as otherwise prescribed. The prohibition does not apply to summary or statistical information that could not identify any person or business.

The Act directly affects several categories of people and entities. First and foremost, it affects plumbers , persons who carry out plumbing work as defined by regulation (s 3). Since the Act enables a licensing scheme that may prohibit unlicensed persons from carrying out plumbing work (Schedule 3, item 9), anyone performing plumbing work must be aware of the licensing requirements imposed by regulations made under the Act. This includes individual tradespeople, employees of plumbing businesses, and companies that employ plumbers (though the Act refers to ‘persons’, and companies may be able to hold licences depending on the regulations).

Second, it affects members of the Plumbers Licensing Board (s 59A). Up to nine members appointed by the Minister have statutory functions and powers, and are subject to the confidentiality obligation under s 60B and receive statutory protection under s 60A when acting in good faith. They may also be subject to delegated disciplinary functions and must exercise those functions independently, subject only to ministerial directions of a general nature.

Third, it affects other persons performing functions under the Act, such as persons appointed under regulations to inspect plumbing work and investigate complaints, with powers of entry (Schedule 3, item 12). Such persons are protected by s 60A and bound by s 60B.

Fourth, it affects applicants for licences and holders of licences. They are subject to the Board’s decisions regarding grant, renewal, suspension, cancellation, and conditions. They also are subject to the disciplinary regime and possible sanctions imposed by the Board or the State Administrative Tribunal.

Fifth, it affects complainants who may make complaints against licence holders (Schedule 3, item 8(h)). The Act does not specify who may complain; that will be set out in regulations. However, the confidentiality provision (s 60F, which deals with Minister’s access to information) ensures that the identity of a person involved in a complaint is not disclosed without consent.

Sixth, it affects the Minister administering the Act, the department (the department principally assisting the Minister, s 3), and the State Administrative Tribunal which is conferred jurisdiction over disciplinary matters and review of Board decisions under regulation (Schedule 3, items 8(j) and (k)). The Minister has specific powers to give directions (s 59E) and to access Board information (s 59F), and obligations to table directions and conduct five-yearly reviews (s 62).

Seventh, it affects the Crown and the Board itself, as they have vicarious liability protection under s 60A(2).

Eighth, it affects any person or body whose rules, codes or standards are adopted by regulation under s 59L. Regulations may adopt any subsidiary legislation from other Acts (state or Commonwealth), and standards from Standards Australia or similar bodies. Those standards become legally binding on those performing plumbing work, even though the standard-setting bodies are not directly regulated by this Act.

Finally, the Act indirectly affects consumers of plumbing services, though they are not directly named. The licensing and regulation of plumbers is designed to protect the public by ensuring competent and safe plumbing work. The Act’s mechanism for complaints and disciplinary action (regulation) is a protective measure for consumers, but the Act itself imposes no duties on them.

The Act imposes few direct duties or rights on individuals, delegating most substantive content to regulations. The key duties that the Act itself creates are the duty of confidentiality and the duty to protect the identity of complainants. Under s 60B, a person who is or has been a member of the Board, the Coordinator of Water Services (a historical office), or a person performing functions under the Act must not record, disclose or make use of information obtained in the course of duty except for performing functions under the Act, as required or allowed by another written law, with written consent, or in other prescribed circumstances. This is an offence punishable by a fine of $5,000. That is the only offence created directly in the Act (though regulations may create offences under s 59K). The Act also gives a right of access to information to the Minister under s 59F: the Minister is entitled to have any information in the Board’s possession that relates to the Board’s functions, and may request that information. The Board must comply with such requests and make its staff and facilities available. The Minister’s right is limited so that it does not extend to information disclosing the identity of a person involved in a complaint without that person’s consent (s 59F(4)). This provides a form of protection for complainants.

The Board’s duties include: giving effect to ministerial directions (s 59E(1)), complying with requests for information (s 59F(3)), and reporting annually on investigations, disciplinary matters, trends and workload forecasts (s 59H(2)). The Board must also ensure that any delegation is exercised within its terms (s 59D(4)).

The Minister’s duties include: tabling any direction given to the Board within 14 days (s 59E(3)), conducting a five-yearly review of the Act (s 62), and including the text of directions in the department’s annual report (s 59E(7)).

Rights of licence holders and applicants are not stated in the Act itself; they will be found in regulations. However, the Act implies certain rights: the right to apply for a licence (regulations will set out the process), the right to have a licence renewed (subject to revocation/resignation), and the right to have conditions reviewed. The Act also provides a right to seek review of Board decisions in the State Administrative Tribunal, but only if the regulations confer that jurisdiction (Schedule 3, item 8(k)). This means the Act does not guarantee a merits review right; it is conditional on the regulations creating it.

The right to bring a complaint is a significant right for consumers and industry participants. Again, the Act itself does not define who can complain or the process; that is left to regulations (Schedule 3, item 8(h)). But the Act sets the framework for disciplinary action , the Board may investigate and refer matters to the State Administrative Tribunal (Schedule 3, item 8(j)).

The protection from liability under s 60A gives a right to be free from civil suit for actions done in good faith in the performance of functions under the Act. This right extends to the Board and the Crown. A person aggrieved by such action cannot sue in tort; they may only have other remedies, such as judicial review of a decision.

The Act itself contains only one criminal penalty provision: s 60B(2) provides that contravening the confidentiality obligation attracts a fine not exceeding $5,000. This is the maximum penalty stated in the Act. However, the Act empowers regulations to create offences and to provide for fines up to $5,000 (s 59K(a)). Regulations may also establish an infringement notice scheme under s 59K(b), with modified penalties for specified offences, and may provide for appointment of persons to issue infringement notices and administer the scheme. This means the real enforcement architecture is built by regulations. The regulations can create offences relating to, for example, carrying out plumbing work without a licence, failing to meet standards, or obstructing inspectors. The maximum penalty for such offences is capped at $5,000, which is relatively low compared to some industry regulation acts; this may indicate that the primary enforcement tool is the licensing and disciplinary system rather than criminal punishment. The infringement notice scheme allows for on-the-spot fines, which is an efficient method for dealing with minor breaches.

Enforcement also occurs through the disciplinary regime. Schedule 3, item 8(j) anticipates that regulations may confer on the State Administrative Tribunal jurisdiction to hear disciplinary matters and impose disciplinary penalties. Disciplinary penalties could include reprimands, fines, suspension or cancellation of a licence, or conditions on a licence. The Board itself may also have disciplinary powers delegated to it under s 59D(1), though it cannot delegate those powers further. Investigations into disciplinary matters are provided for (Schedule 3, item 12), with appointed persons having powers of entry to inspect plumbing work and investigate complaints. Those inspectors have the protection of s 60A.

The Act does not specifically provide for enforcement orders, injunctions, or civil penalties. The absence of these tools indicates that the primary enforcement mechanism is the combination of criminal fines (up to $5,000) and the threat of disciplinary sanctions including loss of licence. The Board’s role in administering the licensing scheme means that non-compliance can result in a licence not being renewed or being suspended, effectively preventing the person from working as a plumber. This is a powerful market-based deterrent.

The Building Services Account receives fees paid or recovered under regulations (s 59J(2)). Fees are a cornerstone of the self-funding nature of the regulatory scheme. If a person fails to pay fees, the Board may not process an application or renew a licence, again leading to an indirect enforcement effect.

The Act also includes a disclosure restriction that can be enforced by criminal penalty. This protects the integrity of the regulatory system by preventing leaks of confidential information obtained in the course of duty. The maximum penalty is modest but the reputational consequences for an officer found guilty could be significant.

The Plumbers Licensing Act 1995 does not operate in isolation. Section 59B(2) provides that it is a function of the Board to do things that it is authorised to do by any other written law. This creates an explicit link to other Western Australian statutes. For example, the Board may exercise powers under the Building Services (Complaint Resolution and Administration) Act 2011 (which established the Building Services Account) or under the Water Services Act 2012 (which replaced many of the water coordination functions that the Plumbers Licensing Act originally contained). The Financial Management Act 2006 applies to the Board’s activities under s 59H, meaning the Board’s functions are considered part of the department’s operations for financial reporting, audit and accountability purposes. The department’s annual report must include details about the Board’s investigations, Tribunal matters, and workload forecasts. This ensures that the Board’s performance is scrutinised through the lens of financial legislation.

Regulations made under s 59J may adopt other laws, codes or standards under s 59L. This is a powerful integrating provision. Regulations can adopt, wholly or in part or with modifications, any rules, regulations, codes or other subsidiary legislation made under any other Act of Western Australia or under a Commonwealth Act. They can also adopt standards, rules, codes or specifications of Standards Australia or a similar specified body. Section 59L(2) specifies that if such an adoption is made, the adopted text is taken as in force from time to time (ambulatory adoption) unless the regulations specify a particular text. This means that the plumbing regulations can dynamically incorporate changes to national standards, building codes, or water service standards without needing to amend the regulations each time a standard updates. This interaction is crucial for maintaining alignment with national plumbing codes such as the National Construction Code or AS/NZS 3500 plumbing standards.

The Act also interacts with the State Administrative Tribunal Act 2004. Schedule 3, item 8(j) and (k) permit regulations to confer jurisdiction on the State Administrative Tribunal to deal with disciplinary matters and to review decisions of the Board or its committees. If such regulations are made, the State Administrative Tribunal’s procedural rules, review powers, and appeal mechanisms apply to plumbing licensing matters. This interaction provides external oversight of the Board’s decisions.

The definition of plumber in s 3 refers to a person who carries out plumbing work as defined in s 59I, which in turn refers to work specified by regulation. These regulations will likely interact with the Building Act 2011 (which deals with building permits and compliance), the Water Services Act 2012 (which regulates water service providers), and the Health Act 1911 or Public Health Act 2016 (which may deal with sanitary drainage). The overlapping regulatory regimes mean that a plumber may need multiple licences or approvals.

The Act also interacts with the Criminal Code and general law through the protection from liability provision (s 60A). That provision relieves Board members and others from tort liability, but it does not relieve them from criminal liability - a person who commits an assault in the course of an inspection would still be criminally liable. The provision only covers civil liability for actions in good faith, allowing regulatory personnel to act without fear of being sued personally.

Finally, the Act’s long title notes amendments that repealed earlier parts dealing with operating licences for water services coordination (Part 2) and other matters. The current Act is solely focused on plumbers licensing, following the Water Services Legislation Amendment and Repeal Act 2012 which stripped out the water services coordination functions and moved them to the Water Services Act 2012. The Act therefore interacts with that later Act as a sibling statute, with the Plumbers Board being the only remnant of the original water coordination framework.

The Plumbers Licensing Act 1995 originated as the Water Services Coordination Act 1995 (Act No. 72 of 1995), which came into operation on 1 January 1996. Its original purpose was to establish a coordinator and a board for water services, and to regulate water service providers and related matters. The Act was significantly restructured over time. The first major amendment came via the Water Services Coordination Amendment Act 1999 (No. 39 of 1999), which inserted Part 5A (the current core of the Act) establishing the Plumbers Licensing Board with its functions, powers, and regulation-making provisions. The long title was also amended to reflect the addition of plumbing licensing. Parts 2, 3, 4 and 5 of the original Act were gradually deleted: Part 5 was deleted by the Economic Regulation Authority Act 2003 (No. 67 of 2003) Sch. 2 cl. 107; Parts 2, 3, and 4 were deleted by the Water Services Legislation Amendment and Repeal Act 2012 (No. 25 of 2012) s. 195. The Economic Regulation Authority Act 2003 also deleted sections 43 and 60, and amended other sections to replace references to the Coordinator of Water Services with the Board or the Minister.

The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (No. 55 of 2004) amended the Act to confer jurisdiction on the State Administrative Tribunal, particularly in relation to disciplinary matters and review of Board decisions. The Financial Administration Legislation Amendment Act 2005 (No. 5 of 2005) and the Financial Legislation Amendment and Repeal Act 2006 (No. 77 of 2006) changed the Act to refer to the Financial Management Act 2006 and its provisions for annual reporting. The Building Services (Complaint Resolution and Administration) Act 2011 (No. 16 of 2011) amended s 59J to replace references to the old Building and Construction Industry Training Fund Account with the Building Services Account.

The most transformative amendment was the Water Services Legislation Amendment and Repeal Act 2012 (No. 25 of 2012) Part 8, which deleted the bulk of the original Act (Parts 2-5) and changed the short title to Plumbers Licensing Act 1995. The Act was renamed and republished as Reprint 4 on 24 January 2014. This amendment also inserted s 62 requiring a review of the Act every 5 years and changed definitions.

Two later minor amendments: the Standardisation of Formatting Act 2010 (No. 19 of 2010) and the Statutes (Repeals and Minor Amendments) Act 2025 (No. 14 of 2025) s 31, which deleted s 60C (a provision that had been inserted earlier) and amended s 60A. The 2025 amendment also removed the reference to the Coordinator of Water Services from s 60A. The compilation table shows various other amendments by Acts dealing with taxes, gas, corporations, planning, duties, and personal property securities, but these were minor cross-references. Overall, the Act has undergone a complete transformation from a water services coordination statute to a stand-alone plumbers licensing enabling Act.

The Act itself, in the text provided, does not refer to any decided cases. The litigation history under the Plumbers Licensing Act 1995 is not documented within the Act. However, the Act’s provisions regarding conferral of jurisdiction on the State Administrative Tribunal (Schedule 3, item 8(j) and (k)) indicate that disputes under the regulations are likely to be determined by the Tribunal. The State Administrative Tribunal publishes decisions, and there would be cases dealing with licence applications, disciplinary matters, and reviews of Board decisions under this Act. Given that the Act is an enabling statute, the substance of litigated matters would arise under the regulations, not the Act itself. For example, cases may involve interpretation of the regulations concerning classes of plumbing work, competency requirements, or disciplinary penalties. The Act’s s 60A (protection from liability) could be the subject of litigation if a person alleges bad faith or seeks to enforce a claim. The s 60B confidentiality provision could also give rise to prosecution for unlawful disclosure. The interpretation of s 59E (ministerial directions) could be tested if a direction is challenged as exceeding the Minister’s power (e.g., a direction that touches on a particular licensing matter, which would be prohibited). The Act’s definition of ‘plumber’ and ‘plumbing work’ (which rely on regulation) could lead to disputes about whether work in a specific case falls within the definition. Overall, the litigation landscape is likely modest, centring on administrative law appeals rather than high-profile cases. The provision for review every 5 years (s 62) suggests that the Act is intended to be kept under constant parliamentary scrutiny rather than being litigated frequently.

Several aspects of the Act can catch practitioners and regulated persons off guard. First, the Act’s skeletal nature means that many of the substantive rules are not found in the Act at all. A person reading only the Act will not discover who can be a plumber, what qualifications are required, what the fees are, or what plumbing work is prohibited without a licence. All of these are left to regulations made under s 59J. The definition of ‘plumbing work’ in s 59I simply says it is work specified to be water supply plumbing, sanitary plumbing or drainage plumbing; the specification is in the regulations. This means that a change to the regulations can alter the scope of the licensing requirement without amending the Act. A plumber must keep track of the Plumbers Licensing Regulations (not just the Act) to know their obligations.

Second, the low maximum penalty for offences created by regulation (s 59K(a) , $5,000) may be a trap. Some industry participants might assume that contraventions carry heavier penalties or are mere regulatory infractions. However, the infringement notice scheme (s 59K(b)) allows for on-the-spot fines, and the disciplinary consequences (loss of licence) are often far more severe than the criminal fine. The Act’s criminal penalty cap is relatively low, but the real enforcement bite comes through the licensing regime: a plumber who breaches conditions or works without a licence could be fined a few thousand dollars but also lose their livelihood. The Act itself does not provide for civil penalty orders or imprisonment; only fines.

Third, the confidentiality obligation under s 60B applies to ‘a person who is or has been a person performing functions under this Act’. This is broad. It catches not only Board members but also any inspector, committee member, delegate, or employee of the department who handles information. A person who inadvertently discloses information about a complaint or an investigation risks prosecution, potentially without a defence of good faith (the good-faith protection in s 60A covers only tort liability, not criminal liability under s 60B). This is a serious gotcha for anyone who handles Board-related information.

Fourth, the ministerial direction power (s 59E) has a carve-out: the Minister cannot direct the Board on licensing or disciplinary functions in respect of a particular person, application, complaint or proceeding. However, the Minister can give general directions. A Board member or applicant who suspects improper ministerial influence on a particular matter may have no way to challenge it unless the direction is tabled (which will happen only after it is given). The section does not provide a mechanism to set aside a direction that does not comply. The fact that the direction is tabled in Parliament after 14 days provides political accountability, not legal remedy.

Fifth, the adoption of external documents under s 59L can be an ambulatory adoption (in force from time to time). This means that a standard or code adopted by regulation may change without any further amendment, and the regulation automatically incorporates the new version. Plumbers and inspectors must keep current with changes to adopted standards, not just the regulation text. A person who relied on an outdated standard could be in breach without knowing.

Sixth, the annual reporting requirements (s 59H(2)) require the department’s annual report to include details of investigations, matters before the State Administrative Tribunal, trends and workload forecasts. This provides transparency, but also means that a high volume of complaints or disciplinary actions against a particular licence class will be publicly reported. Plumbers’ firms and industry bodies should be aware that aggregated data about the industry’s compliance record becomes public.

Finally, the long history of name changes (from Water Services Coordination Act to Water Services Licensing Act to Plumbers Licensing Act) creates a risk of confusion. Older references in contracts, insurance policies, or industry literature may use the old short titles. The Act as it currently stands governs plumbing licensing only, but its earlier parts (now deleted) dealt with water services coordination. Anyone researching the legislative history must be careful not to rely on older versions of the Act for current obligations.

Compliance with the Plumbers Licensing Act 1995 requires understanding that the Act itself provides a framework, and the substantive compliance obligations are detailed in regulations made under it. The first step is to identify the current Plumbers Licensing Regulations as gazetted under Western Australian legislation. Those regulations will specify the classes of licences, the plumbing work each class authorises, the qualifications and experience required, application procedures, fees, continuing professional development (if any), and disciplinary procedures.

A person who carries out plumbing work must ensure they hold the appropriate licence class for the work they perform (Schedule 3, item 8(b)). If regulations prohibit unlicensed persons from carrying out plumbing work (item 9), working without a licence is an offence. Even if the regulations do not create an express prohibition, the licensing scheme likely makes it an offence to perform work without a licence when a licence is required. Practitioners should check the regulations for the specific classes , for example, whether a ‘water supply plumbing’ licence is needed for installing water supply systems, a ‘sanitary plumbing’ licence for waste removal, or a ‘drainage plumbing’ licence for underground drains.

If a licence holder is subject to conditions or restrictions (imposed under item 8(f)), they must comply strictly. Failure to comply may lead to disciplinary action, including suspension or cancellation. Licence holders should also be aware of the disciplinary process: complaints can be made against them, and the Board may investigate. The Act does not specify the grounds for discipline, but regulations will set out standards of conduct, professional competence, and any obligations to notify the Board of changes.

The confidentiality obligation under s 60B applies to anyone who obtains information in the course of performing functions under the Act. If you are a Board member, inspector, or an employee of the department handling plumbing licensing, you must not record, disclose or make use of that information except for authorised purposes. The exception for statistical information (s 60B(3)) is narrow , the information cannot enable identification of any person or business. In practice, this means that even aggregated data must be carefully anonymised.

If you are a person engaging a plumber, you should verify that the plumber holds a current licence and that the licence covers the work to be done. The Board is required to keep a register of licence information (Schedule 3, item 8(g)), and the regulations should provide for public access. Consumers should also be aware of the complaints mechanism; if plumbing work is defective or the plumber acts improperly, you may lodge a complaint with the Board or the prescribed body under the regulations.

For those involved in drafting plumbing contracts or specifications, they must incorporate the standards adopted under s 59L. The regulations may adopt the National Construction Code or Australian Standards (e.g., AS/NZS 3500). The adoption is ambulatory unless the regulations specify a particular text, meaning the current version of those standards applies automatically. Contractors must ensure their work meets the standards in force at the time of work.

Annual returns or reporting obligations may apply to licence holders; this will be detailed in the regulations. Additionally, fees must be paid as specified; the Building Services Account is credited with these fees (s 59J(2)). Failure to pay fees may result in non-renewal of a licence.

The Minister’s five-yearly review (s 62) does not impose a direct compliance obligation on individuals, but industry stakeholders should engage with that review process by making submissions. The review considers the effectiveness of the Board and the need for continuation of its functions; this could lead to regulatory changes that affect compliance obligations.

Finally, if the regulations confer jurisdiction on the State Administrative Tribunal for review of Board decisions (item 8(k)), a person aggrieved by a Board decision (e.g., refusal of a licence, imposition of a condition, or a disciplinary penalty) has a right to seek merits review. The timelines and procedures will be set out in the regulations and the State Administrative Tribunal Act 2004. That Act requires that applications be lodged within 28 days (or other prescribed period) of the decision. Missing that deadline could forfeit the right to challenge the decision.

In summary, compliance requires careful study of the regulations made under the Act, ongoing monitoring of adopted standards and codes, and strict adherence to the confidentiality and reporting obligations that the Act imposes on those who administer the scheme.