Resource Library Commissioner guidelines for builders continuing professional development

Commissioner guidelines for builders continuing professional development

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Continuing professional development application

Continuing professional development (CPD) is a requirement for licence and certificate holders in the category of general building work or swimming pool building under section 40 (2D) and (2E) of the Home Building Act 1989.

Purpose

The continuing professional development requirements are aimed at maximising consumer protection outcomes, maintaining public confidence by ensuring that industry participants are continually updating their skills, raising the quality of building and construction standards, improving safety, and reducing building disputes in the NSW home building industry. In particular, the requirements aim at the long-term upgrading of the professionalism and performance of builders and swimming pool by:

  • improving knowledge, skills and practice across industry in identified areas of marketplace concern; and
  • maintaining or improving levels of competence, customer service and business management skills in the industry as a whole.

Administration

NSW Fair Trading is responsible for the administration and monitoring of the continuing professional development requirements. These Commissioner Guidelines set out the requirements that must be fulfilled by building and swimming pool building licence and certificate holders in undertaking their continuing professional development.

Non-compliance by a licensee

Failure to fulfil the continuing professional development requirement may result in the Commissioner refusing an application for renewal or restoration of a licence.

Commissioner guidelines

1. Number of points to be completed

Individual contractor licence and qualified supervisor certificate holders in the category of general building work or swimming pool building must earn a minimum of 12 continuing professional development points in each 12-month period immediately prior to the renewal of the licence or certificate. Surplus continuing professional development points from one year may be carried forward for twelve months.

2. Continuing professional development learning categories & point entitlement

Continuing professional development in the broad learning areas specified in this document may be undertaken from any of the learning categories listed below.

Learning Category 1: 1 point per hour

An activity with an identifiable learning outcome.
The training must be delivered by interactive training such as workshop, web-based tool, forums or conference presentation.

Learning Category 2: 2 points per hour

Structured learning with an assessed learning outcome linked to either a relevant Australian University qualification or a relevant national Training Package outcome delivered by a registered training organisation.

Additional information

A total of 4 points can be claimed in a single year comprising any or all of the following:

One point each year can be claimed by the builder or swimming pool builder for each person employed under a formal training arrangement such as an apprenticeship or traineeship.

Where a partner or associate of the builder or swimming pool builder undertakes continuing professional development learning on behalf of the business, points can be earned as if undertaken by the licensees.

3. Learning outcomes

The continuing professional development activity must be relevant to the regulated work undertaken by builders and swimming pool builders, have significant intellectual or practical content and provide an educational outcome

4. Training providers

The continuing professional development must be conducted by person qualified to provide the training to be covered. For example, the trainers should have the appropriate State training accreditation to conduct training or specialist industry expertise.

5. Broad learning areas and compulsory topics

The Commissioner may determine broad learning areas for the continuing professional development activity. The Commissioner may also determine compulsory topics which must be completed as part of the continuing professional development requirements. The Commissioner may also establish a consultative reference group to advise about broad learning areas and any compulsory topics.

6. Certification by licensee / certificate holder

If the period of the licence or certificate is 1 year, then a licensee or certificate holder certifies that he or she has undertaken 12 points of continuing professional development in the year immediately prior to renewal. If the licence or certificate is greater than 1 year then the certification must apply for each year. For example, if the period of the licence or certificate is three years, then a licensee or certificate holder must certify that he or she has undertaken 36 points in the 3 years immediately prior to renewal. The certification is made when the licence or certificate renewal application is lodged.

6. Safety (also may include compliance obligations above)

Example topics:

  • asbestos removal
  • small business safety
  • safety at heights (e.g. training could be based on but not limited to BCPRF2001A - Work safely on roofs)

7. Licensee record keeping

A licence or certificate holder must retain a record of the actual activities undertaken, details of the educational value of the activity and the corresponding number of continuing professional development points earned. The following records are acceptable:

Learning category 1:

Proof of attendance, receipts or other records verifying the claim for points.

Learning category 2:

Statement of attainment, certificate of part completion or qualification issued by a registered training organisation or an Australian university.

The record must be kept for at least three years.

8. Audit of licensee / certificate holder records

Each year NSW Fair Trading will verify compliance with the Commissioner Guidelines by conducting an audit of records kept by builders and swimming pool builders. If it becomes apparent that false claims have been submitted action will be taken requiring the licensee or certificate holder to show cause why the licence or certificate should not be suspended or cancelled.

9. Exemptions

In extenuating circumstances, the Commissioner may exempt a licensee or certificate holder from completing part or all of the requirements for continuing professional development. Circumstances for granting an exemption are limited and may relate to serious illness or misadventure.

Broad learning areas for builders and swimming pool builders

Continuing professional development training and education must relate to at least one of the learning areas set out in this document. These broad learning areas may be based on, but not limited to, elements or outcomes of the relevant units of competency from an endorsed training package.

1. Sustainability

Example topics:

  • BASIX
  • waste management
  • green building
  • water management
  • accessible buildings (training could be based on PRDAC401A – Apply disability awareness to assessing access situations or PRDAC403A – Assess construction plans).

2. Compliance obligations (occupational health and safety included - see also Safety below)


Example topics:

  • your obligations for home warranty insurance
  • revise and update about changes to legislation
  • where to find information
  • application of the Building Code of Australia. E.g. training could be based on but not limited to:
    • BCGSV5011A - Apply building codes and standards to residential buildings, or
    • 12828SA - Building Code of Australia application, or
    • PRDAC503A – Apply building codes and standards to accessible large scale buildings.

3. Communication techniques and skills (also relates to Disputes below)

Example topics:

  • concepts of fairness and reasonableness
  • mediation and negotiation skills
  • mediation and negotiation to achieve better outcomes
  • dispute resolution
  • quality of advice.

4. Disputes: how to handle complaints, how to avoid and how to resolve disputes (also includes Communication techniques above)

Example topics:

  • true and false representations
  • avoiding misrepresentation.

5. Contractual issues in a building business (also may include Compliance obligations above)

Example topics:

  • contract terms.

6. Safety (also may include Compliance obligations above)

Example topics:

  • asbestos removal
  • small business safety
  • safety at heights (e.g. training could be based on but not limited to BCPRF2001A - Work safely on roofs).

7. Building - technical issues (may also relate to Sustainability above)

Builders

Example topics:

  • waterproofing – external (balconies and planter boxes) or internal (bathrooms) and interaction with other trades
  • masonry Code – articulation joints, slip joints, weepholes, provision for frame shrinkage at openings
  • ceramic tiling Code – use of flexible sealants at wall/wall and wall/floor intersections
  • strip timber flooring – adequate material acclimatisation
  • sealing of timber doors
  • aspects of multi-storey construction.
Pool builders

Example topics:

  • application of Pebblecrete linings
  • fixing of coping tiles to limit.

8. Business management practices

Example topics:

  • time management
  • new technology – using IT to improve your business
  • running a business / core business skills
  • supervision and project management

Training could be based on but not limited to:

  • BSBSBM401A Establish business and legal requirements, or
  • BSBSBM402A Undertake financial planning, or
  • PSPGOV407A Prepare a quotation

Further information

For information about where to find continuing professional development courses:

For information about continuing professional development including frequently asked questions and examples of how to complete the requirements contact NSW Fair Trading.

Last updated April 2021