Consultation period: 30/09/2019 9:00 am to 28/10/2019 5:00 pm
What is this about?
The NSW Government is continuing to progress reforms to the building and construction industry to strengthen certification in NSW.
A new Building and Development Certifiers Regulation 2019 (the proposed Regulation) must be introduced in order to bring the Building and Development Certifiers Act 2018 (the Act) into force. This Act will strengthen and simplify the building and certification system in NSW.
What has happened so far?
On 24 October 2018, a new Building and Development Certifiers Act 2018 (the Act) was passed by NSW Parliament. The Act will establish a framework to permit continuous improvement in carrying out certification work.
Key reforms include:
- providing for the registration of people to carry out certification work;
- enabling certain body corporates to be approved as accreditation authorities;
- providing for the accreditation of people to carry out other regulated work;
- clarifying the roles of certifiers in NSW and their responsibilities;
- improving the independence of certifiers; and
- tightening registration requirements and the complaint handling and disciplinary measures.
What are the changes?
The proposed Regulation seeks to:
- detail and streamline the different classes of registration for certification work;
- prescribe the qualifications, skills and experience required to be granted and maintain registration;
- improve the independence of certifiers and provide certainty around when a conflict of interest arises;
- clarify roles and responsibilities of certifiers with a Code of Conduct setting out professional standards;
- provide greater protections for consumers by strengthening contract requirements for certification work;
- establish a new accreditation authority framework to formalise the regulation of regulated work, including the work of competent fire safety practitioners;
- strengthen compliance and enforcement through penalty notice offences to more effectively target misconduct; and
- apply the Consumer Price Index to fees consistent with standard Fair Trading practice.
The proposed Regulation and a Regulatory Impact Statement (RIS) have been prepared. The RIS sets out the rationale and objectives of the proposed Regulation and the various options for achieving the objectives. It also discusses important aspects of the proposed Regulation and seeks feedback from stakeholders and the community.
Stakeholders and interested parties are invited to review the proposed Regulation and RIS and provide comments in the form below.
- 4 September 2018: Public consultation closed for the Building and Development Certifiers Bill 2018.
- 31 October 2018: Building and Development Certifiers Act 2018 assented.
- 30 December 2018: NSW Government announced a four-point plan to improve the certification industry.
- Mid-April 2019: audit program commenced to target high-risk certifiers.
- 26 June 2019: ‘Building Stronger Foundations’ discussion paper released which takes the first steps in implementing the NSW Government Response to the national report Building Confidence: effectiveness of compliance and enforcement systems for the building and construction industry across Australia (the Report).
- 01 August 2019: NSW Government announced the appointment of Mr David Chandler OAM as the NSW Building Commissioner.
- 30 September 2019: Public consultation open for the proposed Building and Development Certifiers Regulation.
During this consultation we received 58 submissions of which 6 were confidential. The remaining 52 submissions have been made publicly available with private information redacted where necessary.
All the submissions made during the consultation have been read and considered. All publishable submissions can now be found below.