1.  The whole of this instrument

1 July 2024

1 July 2024

Licences, certificates, and accreditations under the Property and Stock Agents Act 2002 (NSW)

Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

2.        

Licences and certificates under the Motor Dealers and Repairers Act 2013 (NSW)

Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

3.        

Licences under the Conveyancers Licensing Act 2003 (NSW)

Significant risk to consumer protection. Conveyancers’ compensation fund contributions are set by referral to the Property & Stock Agents Act 2002 (NSW). Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

4.        

Contractor licence and supervisor certificate for general building work under the Home Building Act 1989 (NSW)

Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector. 

5.        

Contractor licence and supervisor certificate for the erection of prefabricated metal-framed home additions and structures under the Home Building Act 1989 (NSW)

Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.

6.        

Registration or recognition within the meaning of the Design and Building Practitioners Act 2020 (NSW):

• Design practitioner - fire systems (all classes)
• Design practitioner – fire safety engineering
• Professional engineer – fire safety;

Registered certifiers – fire safety and accredited practitioner – fire safety under the Building and Development Certifiers Act 2018 (NSW); 

Licences and certificates for water plumbing – fire protection and fire sprinkler systems under the Home Building Act 1989 (NSW)

Significant risk to consumer and the health and safety of the public.

The NSW Government and consumers need to have confidence in the building and construction sector.

7.        

Licences and certificates for mechanical services and medical gas work, medical gas technician work, medical gas fitting work under the Home Building Act 1989 (NSW)

Significant risk to consumers and the health and safety of the public.

The risks of improper medical gas work can lead to loss of life. A new framework for medical gas was implemented in New South Wales to ensure that medical gas work is done to a high standard and safety. Interstate licence holders would not have the relevant expertise to work in New South Wales.

8.        

Licences and certificates for electrical wiring, air-conditioning and refrigeration work under the Home Building Act 1989 (NSW)

Significant risk to the safety of consumers, workers, and the public. Licensing bodies and regulators will be unable to verify or validate interstate workers’ skills, knowledge and understanding against NSW standards and regulations. The failure to understand or comply with the relevant legislation can result in potential dire consequences, including equipment failure, fires, electrical shock, and death.