Building and Development Certifiers Regulation 2019

Submission cover sheet

  • Name of organisation or individual making this submission

    Australian Acoustical Society

  • Authorised delegate/contact person

    Luke Zoontjens

  • Position

    Federal Council

  • Organisation

    Australian Acoustical Society

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?

    Yes, that is reasonable provided it has reasonably addressed comments received

  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?

    Yes, if that results in an improved science outcome

  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?

    The process should be based on a person not meeting a minimum benchmark, rather than the organisation having to prove who is suitable or not.

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

    No comment / no particular opinion

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

    No comment / no particular opinion

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

    No comment / no particular opinion

  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?

    No comment / no particular opinion

  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?

    There are many competent practitioners

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

    No comment / no particular opinion

  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?

    Further investigation needs to be undertaken to how certifying or registering acoustic consultants and competent practioners will work. The AAS has existing infrastructure in this space and seeks to engage further on how it can assist. It can create a specific register based on engagement with its membership and the state government.

  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?

    In regards to acoustics / noise control, it is recommended that the register refers to eligibility to be a Member of the Australian Acoustical Society and carry the postnominals MAAS or FAAS. The Australian Acoustical Society maintains a current list of members with such a designation (https://www.acoustics.asn.au/joomla/membership/membersprofpractice.html) and will remove members found to act outside the AAS Code of Ethics.

  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?

    Some of the requirements regarding the practice of acoustics do not recognise that there is no specific "Degree in Acoustics" provided by an Australian University - generally there are units offered within various engineering and science degrees. This means that membership to the AAS with MAAS or FAAS designation is likely a better measure of competency.

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

    Yes, AAS members adhere to the AAS Code of Ethics (https://acoustics.asn.au/joomla/membership/codeethics.html).

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

    As above, some of the requirements regarding the practice of acoustics do not recognise that there is no specific "Degree in Acoustics" provided by an Australian University - generally there are units offered within various engineering and science degrees. Also, within Clause 20, there is no building services engineering listed as an area of practice on the NER. We suggest that an additional Pathway to Clause 20 be added which refers to eligibility to be a Member of the Australian Acoustical Society and carry the postnominals MAAS or FAAS, i.e. "Must be registered by the Australian Acoustical Society as a current professional acoustics consultant with designation MAAS or FAAS, and listed under building services as an area of practice".

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

    No comment / no particular opinion

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

    The AAS looks forward to further engagement on this matter and how it can be of assistance in addressing the above comments.

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

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