Part 3 – Continued licensing

19 Minimum standard for continued licensing as a Licensed Building Practitioner

  1. For continued licensing, a Licensed Building Practitioner must continue to meet the minimum standard of competence, and may demonstrate his or her current competence by following the process in subclause (2).
  2. The minimum standard for demonstrating current competence for each class of licence is:
    1. the Licensed Building Practitioner has continued to practice in an area related to the building industry and relevant to the class of licence held by him or her; and
    2. the Licensed Building Practitioner has taken such steps set by the Registrar from time to time to maintain the currency of his or her skills and knowledge since the last assessment.
  3. The Registrar may, at his or her own discretion, or on written application from a Licensed Building Practitioner, exempt any Licensed Building Practitioner from any of the requirements set out in subclause (2) because of exceptional circumstances.

20 Registrar to set or recognise programme for skills maintenance

  1. For the purpose of rule 19(2)(b), the Registrar must from time to time set or recognise a programme or programmes for skills maintenance.
  2. A programme for skills maintenance may be made to apply generally in respect of—
    1. all Licensed Building Practitioners; or
    2. a specified class or classes of licence; or
    3. a specified Licensed Building Practitioner.
  3. A programme for skills maintenance may require a Licensed Building Practitioner to engage in any 1 or more of the following:
    1. self-directed learning;
    2. reading materials provided by the Registrar;
    3. receiving formal instruction;
    4. attending an information session;
    5. any other activity considered by the Registrar to be relevant.
  4. The Registrar may replace a programme for skills maintenance with another programme.

21 Frequency at which assessment of current competence must be carried out

  1. The Registrar must assess a Licensed Building Practitioner for current competence for each class of licence held by him or her at the frequency specified for that class of licence in Schedule 1.
  2. The Registrar, where practical, may conduct concurrent assessments of current competence for all classes of licence held by a Licensed Building Practitioner, even though—
    1. the last assessment dates for those licence classes may be different; or
    2. the last assessment for any of those licence classes took place at a time earlier than the period specified in subclause (1).
  3. This rule does not limit the Registrar's power under section 292 of the Act to carry out an assessment at any time.

22 Registrar must notify Licensed Building Practitioner of assessment

Before undertaking an assessment of a Licensed Building Practitioner's current competence, the Registrar must notify the Licensed Building Practitioner in writing, at least 20 working days before the assessment date—

  1. that his or her assessment date for current competence is upcoming and that the Registrar intends to carry out the assessment; and
  2. that the Licensed Building Practitioner must provide the information required under rule 23 by the date specified in the notice; and
  3. that the Licensed Building Practitioner will be considered not to have demonstrated current competence if the required information is not provided by the date specified in the notice, and his or her licence will be suspended.

23 Information that must be provided to demonstrate current competence

  1. Each Licensed Building Practitioner who receives a notice under rule 22 must provide to the Registrar by the date specified in the notice—
    1. evidence that he or she has continued to practice in an area related to the building industry and relevant to the class of licence held by him or her; and
    2. evidence that he or she has taken such steps set by the Registrar to maintain the currency of his or her skills and knowledge since his or her last assessment; and
    3. a statement signed by the Licensed Building Practitioner to the effect that all the information and statements given are true and correct.
  2. The Registrar may, from time to time, audit the information given by a Licensed Building Practitioner under subclause (1) by requiring him or her to submit any supporting documents, evidence, and referee(s) the Registrar considers necessary.

24 Way in which current competence must be evaluated

  1. The Registrar must evaluate each Licensed Building Practitioner for current competence by carrying out an evaluation of the information provided under rule 23 and considering whether the Licensed Building Practitioner has met the requirements set out in rule 19(2).
  2. The Registrar may require the Licensed Building Practitioner to produce within a specified period any additional documents, evidence and information the Registrar considers necessary to complete an evaluation.
  3. In evaluating the information provided under rule 23, the Registrar may have regard to any information held by the Registrar in relation to the Licensed Building Practitioner's completion of a programme or programmes for skills maintenance.

25 Registrar must make decision on continued licensing and notify and implement decision

  1. The Registrar must decide whether a Licensed Building Practitioner has met the requirements set out in rule 19(2) and is entitled to the continuation of his or her licence and notify the Licensed Building Practitioner of the decision.
  2. If the Licensed Building Practitioner has met the requirements set out in rule 19(2), the Registrar must—
    1. continue to license the Licensed Building Practitioner; and
    2. without limiting section 292 of the Act, inform the Licensed Building Practitioner when his or her next assessment date for current competence falls due.
  3. If the Licensed Building Practitioner has not met the requirements set out in rule 19(2), the Registrar must—
    1. suspend the Licensed Building Practitioner's licence in accordance with rule 30 and record that suspension in the register; and
    2. advise the Licensed Building Practitioner—
      1. of the suspension and the reasons for that decision; and
      2. that his or her licence may be revived should he or she, within 12 months of the date on which his or her licence was suspended, or any further period that the Registrar may determine, apply under rule 26 to revive the licence by demonstrating to the Registrar that he or she meets the minimum standard for demonstrating current competence; and
      3. that unless he or she can satisfy the Registrar that he or she meets the minimum standard for demonstrating current competence within 12 months of the date on which his or her licence was suspended (or such further period that the Registrar may determine), his or her licence will be cancelled; and
      4. of his or her right of appeal to the Board against the suspension.
  4. If the requirements set out in rule 19(2) have not been met within 12 months of the suspension (or such further period that the Registrar may determine), the Registrar must cancel the licence in accordance with rule 30 and remove the person's name from the register.
  5. The Registrar must only suspend or cancel a licence in accordance with Part 4.

26 Revival of a licence suspended for failure to meet minimum standard

  1. A person whose licence is suspended may apply to the Registrar to have a licence that has been suspended under rule 25 revived within 12 months of the suspension of the licence, or any further period that the Registrar may determine.
  2. The application must—
    1. be made in a form approved by the Registrar from time to time; and
    2. contain and be accompanied by the information set out in rule 23.
  3. The application for revival must be assessed by the Registrar in accordance with rules 24 to 25 as if it were an assessment for current competence.
  4. The Registrar must revive the licence if the Registrar determines that the person applying for revival has met the requirements under rule 19(2).
  5. A revival under this rule is effective from the date of issue of a notice of revival from the Registrar.
  6. Upon revival of the licence, the person's next assessment date for current competence will be the same as the date that would have applied had the person's licence been continued under rule 25(2) in the first instance.

27 Extension of assessment date for current competence

  1. A Licensed Building Practitioner may apply to the Registrar for an extension of the assessment date for current competence that would otherwise apply to him or her on the grounds that there are exceptional reasons why he or she cannot demonstrate current competence by that date.
  2. The application for extension must be filed with the Registrar no later than five working days before the assessment date for current competence.

28 Application for extension of assessment date for current competence

An application under rule 27 must state—

  1. the exceptional reasons why the Licensed Building Practitioner cannot demonstrate current competence by the assessment date; and
  2. the requested period of extension and the steps the Licensed Building Practitioner will take to demonstrate current competence within that period.

29 Registrar must make decision on application for extension of assessment date for current competence

  1. The Registrar must assess each application for extension and decide whether an extension should be granted; and if an extension is granted—
    1. the period of the extension (such period not being more than 6 months after the assessment date for current competence); and
    2. the requirements that have to be met by the Licensed Building Practitioner within the period of extension (if any).
  2. The decision of the Registrar to extend the assessment date for current competence under this rule does not change the date of the Licensed Building Practitioner's next assessment for current competence.

< Part 2 – Annual contact by Registrar | Part 4 – Suspension and cancellation of licence for other non-disciplinary reasons >