AGY-2988 | Builders Licensing Board

Full description

Builders Licensing Board was established under Builders Licensing Act, 1971 which was proclaimed to commence on 20 August 1971. (1) The first Board members were announced in the New South Wales Government Gazette of 20 August, 1971 (2) but the agency effectively commenced business when the Board met for the first time on 1 October, 1971. The Board consisted of a full-time Chairman and five part-time members. Three of these members represented the Master Builders' Association of New South Wales; the Royal Australian Institute of Architects NSW Chapter; and the Labour Council of New South Wales. Of the remaining members one was selected to represent home purchasers and other was a legal practitioner. (3) The Board was primarily responsible for the protection of homeowners and homebuyers through licensing of builders and trade contractors, granting permits to owner-builders and by providing insurance cover for building work. The aim of the Board was to raise the standard of workmanship in the industry by prescribing minimum qualifications for builders and trade constructors and to assist education and research in the industry by way of grants and awards (4) The Board also heard complaints concerning improper conduct of licensees, inappropriate granting of licences, the fitness of individuals or firms to hold a licence and against former licence holders. (5) Complaints were heard by the full Board or any member of it delegated to hear a particular case. These hearings were conducted in open Court. The defendant could appear alone or with legal representation. The Board assembled for the purpose of hearing the could receive written submissions or spoken evidence, allow a statement from a legal representative or officer of the Board to establish the reason for the inquiry; adjourn an inquiry; or cause evidence to be heard under oath. (6) The Board was also empowered to issue subpoenas for the attendance of witnesses at a hearing and for the production of records or other relevant material (7) The determination of the Board could include - no further action being taken, cautions or reprimands; suspension or cancellation of licences. (8) Appeals against the decision of the Board could be made to the District Court. (9) Early meetings of the Board were devoted to matters relating to the introduction of the licensing and disciplinary provisions of the Act, including the formulation of regulations the recruitment of staff and office accommodation. (10) Regulations under the Builder's Licencing Act, 1971 gazetted on 21 September 1979 brought some changes to the operation of the Board. (a) A 'labour only' licence was introduced, holders of which could contract with a licencee for the provision of labour;
(b) some types of construction (including tennis courts, jetties, slipways) were exempted from the provisions of the Act.
(c)requirements were introduced to require licensees to advise the Board of changes in particulars affecting the licence including bankruptcies, change of address
(d) a new fee structure for licensees working in partnerships. (11) The Builders Licensing (Amendment) Act, 1979 ( Act No 182, 1979)
(a) introduced changes to the Board including the appointment of a full time Deputy Chairman and additional Board member to represent the licensed trades;
(b) required that subsidiary licences be only granted to full-time employees and enabled one person to hold more than one subsidiary licence to ensure that all of the building work carried out by the holder was supervised by a licensee;
(c)increased the power of the Board to place conditions on licences;
(d) placed the Board under Ministerial Control
(e) increased the interval in which successive owner-builder permits could be granted to the same person;
(f) placed the Pre-Purchase Property Inspection under legislative authority
(g) gave the Board power to inspect the financial records of contractor if a complaint had been received that the person was inadequately resourced;
(h) created additional insurance funds and allowed the Board to invest funds held in these accounts. (12)
The Board's regional office in Wagga Wagga which serviced the southwest of the State was opened on 13 March 1981 this increased the regional office network which included offices at Blacktown, Hornsby, St. Leonards, Armidale, Coffs Harbour, Newcastle, Orange and Wollongong. (13) During 1980/81 financial year the Board received a significant increase in the number applications for licences and permits. This included a 28% increase in applications for full licences, 14.4% for restricted licences and 7% for Owner Builder Permits. (14) The Builders Licensing Board was abolished by the Building Services Corporation Act, 1987 which established the Building Services Corporation on 1 July 1987 and repealed the Builders Licencing Act 1971 as amended. (15) FOOTNOTE
(1) NSW Government Gazette no.91, 20 August 1971, p. 3111 and The Statutes of NSW 1971, Act No. 16, p.178-179
(2) NSW Government Gazette 20 August, 19971 p. 3117
(3) Builders Licensing Act, 1971 s. 4(2)
(4) NSW Directory of Administration and Services 1977/78, p. 152-154
(5) Builders' Liecencing Act. Op. Cit s. 24-25
(6) Ibid. s. 28
(7) Ibid. s. 29
(8) Ibid. s. 30
(9) Ibid. s. 31
(10) Annual Report of the Builders Licensing Board 1971/72, A. R. 1972/73, v.1, p.316-318
(11) NSW Government Gazette 21 September, 1979
(12) Annual Report of the Builders Licensing Board 1979/80, A. R. 1980/81, v.1, p.820 - 821
(13) Annual Report of the Builders Licensing Board 1980/81, A. R. 1981/82, v.1, p.505
(14) Annual Report of the Builders Licensing Board 1980/81, A. R. 1981/82, v.1, p.507
(15) Annual Report Department of Consumer Affairs 1986/87, p. 122 and NSW Government Gazette no.109, 26 June1987, p.3185-3187