Building and Development Certifiers Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Board of Surveying and Spatial Information (BOSSI)

  • Authorised delegate/contact person

    Narelle Underwood

  • Position

    Surveyor-General of NSW & President of BOSSI

  • Organisation

    Board of Surveying and Spatial Information (BOSSI)

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?

  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?

  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?

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

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

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

  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?

  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?

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

  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?

  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?

  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?

    We are of the view that the proposed renaming of the certifier classes of registration ‘surveyor – land’ and ‘surveyor-strata’ may cause some confusion. There is already a well-established definition of a ‘registered land surveyor’ in the Surveying and Spatial Information Act 2002 (SSIA), introducing similar terminology in the naming of registered certifiers may be misleading or confusing to the public in distinguishing the capacity of a land surveyor when conducting work as a ‘registered surveyor’ under the SSIA or, as a ‘registered certifier’ under the new Act. This is also of relevance to the proposed ‘surveyor-strata’ class. This has the potential to cause even more confusion as not only will the public need to be able to understand and distinguish between the capacity of a registered land surveyor when conducting work as a ‘registered surveyor’ under the Strata Schemes Development Act 2015 or, as a ‘registered certifier’ under the new Act. But the new term ‘surveyor-strata’ also allows for a civil engineer to gain this level of certification. For these reasons, we object to the proposed terminology to be adopted for these classes. It would be more appropriate to revert to terminology similar to that which is currently used or an alternative class description. We would welcome the opportunity to further discuss this with you.

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

    Code of conduct should clearly outline that a surveyor-land or surveyor-strata cannot certify a deposited plan or a strata plan that has been prepared by them or by their company.

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

    A number of the classes require a degree in land surveying from an Australian university. There is no degree in land surveying in Australia - the degree names vary depending on the university. BOSSI has the power under the SSIA/Reg to determine recognised qualifications and publishes them on our website https://www.bossi.nsw.gov.au/candidates/candidate_land_surveyors/recognised_qualifications Suggested wording to replace degree in land surveying from an Australian university - degree recognised by the Board of Surveying and Spatial Information as a recognised qualification.

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

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

    This submission is made by Narelle Underwood in her authorised capacity as Surveyor-General of NSW and as President of the Board of Surveying and Spatial Information (BOSSI). Thank you for the opportunity to comment on the proposed Building and Development Certifiers Regulation 2019 (the ‘proposed Regulation’) which will support the Building and Development Certifiers Act 2018. We support the introduction of a new legislative regime which aims to strengthen and simplify the building and certification system in NSW. As you are aware, there is an already well established and robust legislative scheme, the Surveying and Spatial Information Act 2002 (‘SSIA’) and its associated Surveying and Spatial Information Regulation 2017 (‘SSIR’), which provides for the registration of surveyors. The following definitions are included at section 3 of the SSIA: - “registered surveyor” means “a registered land surveyor or registered mining surveyor” - “registered land surveyor” means “a person who is registered as a land surveyor under this Act” - “registered mining surveyor” means “a person who is registered as a mining surveyor under this Act” The Registrar of BOSSI keeps a register of registered surveyors. The main concern is that the introduction of the following terms / classes of certifier registration will cause confusion for the public - Registered Certifier Surveyor - Land - Registered Certifier Surveyor - Strata Wed also like to request clarification on how a registered certifier will be referred to, or, how they will set out their credentials? For example, will it be “John Smith, Registered Certifier (Surveyor-land)”? We welcome the opportunity to discuss this submission with you further.

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

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