Building and Development Certifiers Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Anonymous

Questions on possible options

  1. Is the commencement date of 1 July 2020 for the proposed Regulation and the Act allowing for a 6-month transitional period appropriate? Why or why not?

    It is appropriate as it gives sufficient time for all involved to ascertain what is required of them.

  2. Do you support the Secretary being able to require an applicant to complete additional training and having discretion to recognise other training? Why or why not?

    Most definitely support this.

  3. Do you support the grounds for finding that a person is not a suitable person to carry out certification work? Why or why not?

    Yes.

  4. Do you support the process and fee for a certifier to apply for a variation of registration? Why or why not?

    Yes.

  5. Are the requirements for professional indemnity insurance contracts and exclusions in the proposed Regulation appropriate? Why or why not?

    No exclusions should apply as exclusions are too dangerous.

  6. Do you support the proposed prescribed conflicts of interest in clause 24 and exemptions in clause 25? Why or why not?

    Conflicts of interest must not be allowed to occur. Developers and builders must not be allowed to use the same certifiers for every development or project. It is best for the Commissioners office to assign certifiers for each development and project rather than each developer and builder choosing who to engage. In the same way that parties to court cases cannot choose who the Judge will be as it is the Chief Justices duty to do this, builders and developers should not be able to choose cettifiers to judge their work.

  7. Do you support the list of particulars in clause 28, the requirement for a declaration and information sheet including the contents? Why or why not?

    Yes.

  8. Do you support the matters that an accreditation scheme must provide for in clauses 38 to 45? Why or why not? What other matters should be considered?

    Yes.

  9. Are the record keeping requirements, penalties and timeframes appropriate for registered certifiers, local councils and accreditation authorities? Why or why not?

    Yes.

  10. Do you support the exemption for registered certifiers employed by councils applying in relation to the payment of a penalty as a form of disciplinary action? Why or why not?

    No certifier of any kind should be exempt.

  11. Do you support the particulars in clause 64 that must be included in the register of registrations and approvals? Why or why not? What other particulars should be considered?

    Bad developers, bad builders, bad designers, etc., often trade under company names, trust names and other entities. It is difficult for the public to do company searches to find out who the shareholders (ie, owners), directors, secretary, accountants, chief operating officers, etc. of a company are. Companies are often voluntarily liquidated when a development or project has been completed. The same people then form a new company for new developments and projects. This means that it is unlikely that the public will discover if they have done shoddy developments previously. To stop phoenexing of bad builders, bad developers, bad designers, etc., all companies details should be able to be searched without charge by every member of the public. That is, everyone should be able to find out who they are dealing with BEFORE engaging them in any respect.

  12. Do you support the proposed classes of registration certifiers, including the way they have been streamlined and what each class is authorised to do? Why or why not?

    Yes. Bad developers, bad builders, bad designers, etc., often trade under company names, trust names and other entities. It is difficult for the public to do company searches to find out who the shareholders (ie, owners), directors, secretary, accountants, chief operating officers, etc. of a company are. Companies are often voluntarily liquidated when a development or project has been completed. The same people then form a new company for new developments and projects. This means that it is unlikely that the public will discover if they have done shoddy developments previously. To stop phoenexing of bad builders, bad developers, bad designers, etc., all companies details should be able to be searched without charge by every member of the public. That is, everyone should be able to find out who they are dealing with BEFORE engaging them in any respect.

  13. Do you support the proposed duties in the code of conduct? Why or why not? What other duties should be considered?

    Yes.

  14. Do you support the qualifications, experience, skills, knowledge and continuing professional development requirements in the proposed Regulation? Why or why not?

    Yes.

  15. Do you support the proposed fees and penalty notice offences? Why or why not?

    Yes.

  16. Do you have any further comments regarding the proposed regulations?

    Bad developers, bad builders, bad designers, etc., often trade under company names, trust names, trading names and other entities. It is difficult for the public to do company searches to find out who the shareholders (ie, owners), directors, secretary, accountants, chief operating officers, project managers, certifiers, etc. of a company are. Companies are often voluntarily liquidated when a development or project has been completed. The same people then form a new company for new developments and projects. This means that it is unlikely that the public will discover if they have done shoddy developments previously. To stop phoenexing of bad builders, bad developers, bad designers, etc., all companies details should be able to be searched without charge by every member of the public. That is, everyone should be able to find out who they are dealing with BEFORE engaging them in any respect.

At our discretion we may remove parts of submissions because of length, content, appropriateness or confidentiality (privacy) reasons.

Website https://www.fairtrading.nsw.gov.au

©