Australian Capital Territory

construction practitioners Registration regulations
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 15 February 2001
CONTENTS
	Page
	1	Name of regulations	1
	2	Commencement	1
	3	Interpretation	1
	4	Construction work and prescribed law	2
	5	Insurance for practitioners registered as building surveyors	2
	5A	Insurance for practitioners registered as plumbing plan certifiers	4
	6	Categories of registration	4
	7	Application for registration	4
	8	Qualifications for registration	5
	9	Annual renewal statement	6
	10	Register of construction practitioners	6
	SCHEDULE	8
	ENDNOTES
	1	About this republication	9
	2	Abbreviation key	9
	3	Table of legislation	10
	4	Table of amendments	10

Australian Capital Territory

construction practitioners Registration regulations
1	Name of regulations
	These regulations are the Construction Practitioners Registration Regulations 1998.
2 	Commencement
	These Regulations commence on the day on which section 3 of the Act commences.1
3 	Interpretation
	In these Regulations, unless the contrary intention appears—
“Act” means the Construction Practitioners Registration Act 1998;
“Register” means the register established and maintained by the Chief Executive under subsection 11 (1) of the Act;
“registration” means registration under the Act;
“renewal statement” means a statement required to be given to the Chief Executive under paragraph 10 (1) (a) of the Act.
4 	Construction work and prescribed law
(1) 	For the purposes of the definition of “construction work” in subsection 3 (1) of the Act, the following types of work, being work to which a prescribed law applies, are prescribed work:
	(a)	work on a hot water supply service;
	(b)	work on a sanitary drainage system;
	(c)	work on a sanitary plumbing system;
	(d)	work on a water service.
(2) 	For the purposes of the definition of “prescribed law” in subsection 3 (1) of the Act, the Water and Sewerage Act 2000 and the Water and Sewerage Regulations 2000 are prescribed.
(3) 	In this regulation—
“hot water supply service”, “sanitary drainage system”, “sanitary plumbing system” and “water service” have the same respective meanings as they have in Australian Standard 3500 as in effect on 1 March 1999.
5	Insurance for practitioners registered as building surveyors
(1)	For section 3A of the Act, this regulation prescribes the particulars of insurance to be held by a person who is, or is applying to be, registered as a principal building surveyor or building surveyor, for the person to be covered by insurance. 
(2)	The insurance must be professional indemnity insurance that—
	(a)	is taken out with an insurer approved in writing by the chief executive; and
	(b)	provides indemnity against claims for breach of professional duty as a certifier.
(3)	The insurance must provide—
	(a)	a minimum limit of indemnity of $1,000,000 for any 1 claim against the insured; and
	(b)	a minimum limit of indemnity of $1,000,000 for the total of all claims against the insured made in the period of cover; and
	(c)	if the limit of indemnity for all claims against the insured made during the period of cover is exceeded, a right to reinstatement of the cover provided by the policy with a limit of indemnity of not less than $1,000,000 for the total of all further claims made during the period of cover; and
	(d)	in addition to the indemnities mentioned in paragraphs (a), (b) and (c)—a minimum limit of indemnity for the costs and expenses, incurred by the insured with the consent of the insurer, of defending or settling a claim of 20% of the limit of indemnity for the claim; and
	(e)	a run-off provision that, subject to this regulation, continues all indemnities for 10 years after the insured ceases to be covered by insurance if the insured ceases to practise as a certifier during or at the expiry of the period of insurance.
(4)	Insurance does not fail to comply with subregulation (3) only because it requires the insured to bear an excess at the insured’s risk that does not exceed $5,000 in relation to any one claim. 
(5)		Despite paragraph (3) (e), insurance does not fail to comply with subregulation (3) merely because the terms of the relevant policy provide that the run-off cover may cease—
	(a)	for insurance provided under a scheme for the provision of professional indemnity insurance—if insurance stops being provided under the scheme on a day that is—
	(i)	at least 3 months after the insurer has given to the insured written notice of the insurer’s intention to stop providing the insurance; and
	(ii)	on or after the next anniversary of the start of the scheme after the written notice is given; or
	(b)	if the insurer intends to stop carrying on the business of providing professional indemnity insurance for registered construction practitioners on a day that is—
	(i)	at least 3 months after the insurer has given to the insured written notice of the insurer’s intention to stop providing the insurance; and
	(ii)	on or after the next anniversary of the start of the insurance after the written notice is given; or
	(c)	on or after a day the insurance is lawfully cancelled; or
	(d)	on or after a day the insurer stops trading as insurer; or
	(e)	if, during the period of effectiveness of the run-off provision, the insured becomes again covered by professional indemnity insurance that complies with this regulation.
(6)	A run-off provision mentioned in paragraph (3) (e) must not require the insured, at the time of cessation of registration—
	(a)	to apply for the run-off cover; or
	(b)	to pay an additional premium for it.
5A	Insurance for practitioners registered as plumbing plan certifiers
	For section 3A of the Act, the insurance to be held by a person who is, or is applying to be, registered as a plumbing plan certifier must be professional indemnity insurance that provides—
	(a)	indemnity against claims for breach of professional duty as a certifier; and
	(b)	a minimum limit of liability of $1,000,000 for each period of insurance.
6 	Categories of registration
	A category of registration set out in column 2 of the Schedule is a category of registration for the purposes of section 4 of the Act.
7 	Application for registration
(1) 	For the purposes of paragraph 5 (2) (e) of the Act, an application for registration shall contain the following information in relation to the applicant:
	(a)	full name;
	(b)	date of birth;
	(c)	residential address;
	(d)	business address;
	(e)	postal address;
	(f)	business telephone number;
	(g)	if employed in work involving construction work—the name of the employer;
	(h)	if practising in a partnership involved in construction work—the name, if any, of the partnership;
	(i)	if practising work involving construction work on his or her own account—any business name used;
	(j)	details of any relevant training completed or undertaken;
	(k)	details of any relevant experience.
(2) 	For the purposes of paragraph 5 (2) (f) of the Act, an application for registration shall be accompanied by the following documents:
	(a)	if the applicant has not been convicted of an offence involving fraud or dishonesty—a statement to that effect;
	(b)	if the applicant has been convicted of an offence involving fraud or dishonesty—a statement setting out details of the convictions; 
	(c)	documents evidencing any relevant training the applicant has completed or undertaken;
	(d)	documents evidencing any relevant experience of the applicant.
8 	Qualifications for registration
	For the purposes of section 6 of the Act, the qualifications required in respect of a category of registration are the qualifications described in column 3 of the Schedule in the item that relates to that category of registration.
9 	Annual renewal statement
	For the purposes of paragraph 10 (1) (a) of the Act, a renewal statement shall contain the following particulars in relation to the applicant:
	(a)	full name;
	(b)	residential address;
	(c)	business address;
	(d)	postal address;
	(e)	business telephone number;
	(f)	if employed in work involving construction work—the name of the employer;
	(g)	if practising in a partnership involved in construction work—the name, if any, of the partnership;
	(h)	if practising work involving construction work on his or her own account—any business name used;
	(i)	if the applicant has not been convicted of an offence involving fraud or dishonesty since the day of registration or lodgment of the last renewal statement, whichever is the later—a statement to that effect;
	(j)	if the applicant has been convicted of an offence involving fraud or dishonesty since the day of registration or lodgment of the last renewal statement, whichever is the later—a statement setting out details of the convictions.
10 	Register of construction practitioners
	For the purposes of subparagraph 11 (2) (a) (i) of the Act, the Register shall contain the following particulars in relation to each registration of each construction practitioner in so far as they are know to the Chief Executive:
	(a)	the full name of the practitioner;
	(b)	an address at which the practitioner may be contacted during business hours;
	(c)	a postal address for the practitioner;
	(d)	a telephone number at which the practitioner may be contacted during business hours;
	(e)	if the practitioner is employed in work involving construction work—the name of the employer;
	(f)	if the practitioner is practising in a partnership involved in construction work—the name, if any, of the partnership;
	(g)	if the practitioner is practising work involving construction work on his or her own account—any business name used;
	(h)	each category of registration for which the practitioner is registered;
	(i)	where the registration or any category of the registration has been cancelled—the date of the cancellation;
	(j)	where the registration or any category of the registration has been suspended—the dates of commencement and termination of the suspension;
	(k)	any condition imposed on the registration;
	(l)	the date on which the registration was granted;
	(m)	the name of each insurer of the practitioner who provides insurance referred to in subsection 3 (2) of the Act.

	SCHEDULE	Regulations 6 and 8
CATEGORIES and Qualifications of registered
construction practitioners
Item	Category	Qualifications	
1	Principal Building Surveyor	Either of the following:
(1) Registration by The Institution of Engineers, Australia on the National Professional Engineers Register in the area of practice of “Principal Certifier—Building”
or
(2) Accreditation as a Building Surveyor by the Building Surveyors and Allied Professions Accreditation Board Incorporated	
2	Building Surveyor	Accreditation as an Assistant Building Surveyor by the Building Surveyors and Allied Professions Accreditation Board Incorporated	
3	Plumbing Plan Certifier	Either of the following:
(1) (a) Registration by The Institution of Engineers, Australia on the National Professional Engineers Register in the area of practice of “building services”; and
(b) Statement of competency in hydraulic systems from The Institution of Engineers, Australia;
or
(2) (a) Sanitary plumber’s licence under the Plumbers, Drainers and Gasfitters Board Act 1982;
(b) Advanced sanitary drainer’s licence under the Plumbers, Drainers and Gasfitters Board Act 1982;
(c) Statement evidencing satisfactory completion of the course titled “Backflow Prevention” offered by the Canberra Institute of Technology or an equivalent course; and
(d) After the grant of the licences referred to in (a) and (b), 3 years’ experience as a sanitary plumber or advanced sanitary drainer

ENDNOTES
1	About this republication
This is a republication of the Construction Practitioners Registration Regulations as in force under the Construction Practitioners Registration Act 1998 on 15 February 2001.  It includes all amendments made to the regulations up to Act 2001 No 4.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of a republication appears on its cover and from its republication number.
A republication number without a letter (eg 1, 2, 3 etc) indicates that the republication is an authorised printed republication.  A number with a letter (eg 1A, 1B, 1C etc) indicates that the republication is an unauthorised electronic republication.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
dict = dictionary
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

3	Table of legislation
Subordinate law*	Year and number*	Gazette
notification	Commencement	Transitional provisions	

Construction Practitioners Registration Regulations	1998 No 38	18 Dec 1998	18 Dec 1998 (see 
reg 2 and Gaz 1998 No S213)		
Utilities (Consequential Provisions) Act 2000	Act 2000 No 66	20 Dec 2000	ss 1 and 2:  20 Dec 2000
remainder:  1 Jan 2001 (see Gaz 2000 No S69 p 3)	—	
Construction Practitioners Registration Regulations Amendment	2001 No 4 	15 Feb 2001	reg 1:  15 Feb 2001
remainder:  15 Feb 2001 (see reg 1 and Gaz 2001 No 7 p 192)
	—	
4	Table of amendments

Provision	How affected*

reg 1	sub 2001 No 4 reg 3 
reg 4	am Act 2000 No 66 sch 2 pt 2
reg 5	sub 2001 No 4 reg 4
reg 5A	ins 2001 No 4 reg 4

©  Australian Capital Territory 2001

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