Plumbers and Gas-fitters Registration Regulations 2009

Plumbers and Gas-fitters Registration Regulations 2009

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Plumbers and Gas-fitters Registration Act 1951 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LISA M. SINGH

Minister for Workplace Relations

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Plumbers and Gas-fitters Registration Regulations 2009 .

2.   Commencement

These regulations take effect on the day on which their making is notified in the Gazette.

3.   Interpretation

(1)  In these regulations –

Act means the Plumbers and Gas-fitters Registration Act 1951 ;

advanced plumber means a person who is registered as a person authorised to undertake, at advanced level, one or more of the following classes of plumbing work:

(a) sanitary plumbing;

(b) mechanical services plumbing;

(c) water plumbing;

(d) draining;

(e) roof plumbing;

certificate of registration means a certificate of registration issued under section 10(11) of the Act;

examination means an examination for the purposes of section 10 of the Act;

gas-fitter means a person who is registered as a person authorised to undertake, at an advanced level, any gas-fitting within the meaning of the Act;

journeyman plumber means a person who is registered as a person authorised to undertake, at journeyman level, one or both of the following classes of plumbing work:

(a) sanitary plumbing;

(b) mechanical services plumbing.

(2)  In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1 .

PART 2 - Plumbers and Gas-fitters Registration Board

4.   Allowances

A member of the Board is to be paid –

(a) a travelling allowance in accordance with clause 3(a) of Part IV of the Tasmanian State Service Award made by the Tasmanian Industrial Commission; and

(b) a motor vehicle allowance in accordance with clause 3(c)(ii) of Part IV of that award.

5.   Accounts

The Board is to keep –

(a) a general account of its revenue and expenditure; and

(b) an account of –

(i) examination fees received under the Act; and

(ii) expenditure on account of examinations conducted by the Board.

PART 3 - Registration of Persons under the Act and Related Matters

6.   Applications for registration

(1)  An application under the Act is to be in accordance with –

(a) Form 1 for registration as a journeyman plumber; or

(b) Form 2 for registration as an advanced plumber in respect of either or both of the following classes of plumbing work:

(i) sanitary plumbing;

(ii) mechanical services plumbing; or

(c) Form 3 for registration as an advanced plumber, or advanced plumber and gas-fitter, in respect of one or more of the following classes of plumbing work:

(i) water plumbing;

(ii) draining;

(iii) roof plumbing; or

(d) Form 3 for registration as an advanced gas-fitter.

(2)  For the purposes of section 10(2)(c) of the Act, the prescribed documents are documents providing evidence of the qualifications, or trade experience, relied on by the applicant.

7.   Examinations

(1)  For the purposes of section 10 of the Act, the examinations in Schedule 2 are prescribed.

(2)  The Board –

(a) may appoint examiners to –

(i) set papers and tests for an examination; and

(ii) assess the merits of the candidates; and

(iii) determine which candidates have passed an examination; and

(b) may appoint assistant examiners and supervisors to assist the examiners in the conduct of an examination.

8.   Certificates of registration

(1)  A certificate of registration is to be in accordance with –

(a) Form 4 in the case of a journeyman plumber; or

(b) Form 5 in the case of an advanced plumber or an advanced gas-fitter.

(2)  If a certificate of registration has been lost, destroyed or defaced, the Board may grant a duplicate certificate of registration –

(a) on application by the holder of the certificate; and

(b) on payment of the prescribed fee.

9.   Renewal of certificates of registration

(1)  An application for the renewal of a certificate of registration is to be –

(a) in accordance with Form 6; and

(b) accompanied by the prescribed fee.

(2)  On receipt of an application and a fee under this regulation, the Board is to renew the certificate of registration by issuing a certificate of renewal of registration in accordance with –

(a) Form 7 in the case of a journeyman plumber; or

(b) Form 8 in the case of an advanced plumber or an advanced gas-fitter.

10.   Suspension and cancellation of registration

(1)  The Board may –

(a) investigate a reason for suspension or cancellation that has been brought to its attention; and

(b) combine more than one allegation into an investigation under paragraph (a) .

(2)  If the Board is satisfied that there is a reason to suspend or cancel a certificate of registration, the Board, by notice to the holder of the certificate, must call on the holder of the certificate to give evidence as to why the certificate should not be suspended or cancelled under section 13 of the Act.

(3)  A notice under subregulation (2)  –

(a) must be in writing; and

(b) must set out the reasons for the proposal to suspend or cancel the certificate of registration; and

(c) is to specify the time and place at which the holder of the certificate is to attend a hearing to give evidence as to why the certificate should not be suspended or cancelled.

(4)  At a hearing specified in a notice under subregulation (2)  –

(a) if the holder of the certificate of registration appears, the Board may require evidence in support of the suspension or cancellation to be given and, if a case is made, is to require the holder to rebut the evidence; or

(b) if the holder of the certificate of registration does not appear but the Board is satisfied that he or she has received the notice, the Board is to suspend or cancel the certificate as proposed.

(5)  The holder of a certificate of registration who has been notified under subregulation (2) that the certificate may be suspended or cancelled may produce evidence at the hearing to prove his or her case.

(6)  An officer of the Board or of a local authority who is called to give evidence may tender a written report if a copy of the report has been given to all parties to the hearing at least one clear day before the hearing.

(7)  Evidence given at a hearing under this regulation –

(a) is to be on oath; and

(b) is subject to cross-examination and re-examination.

(8)  On hearing the evidence of the parties, the Board may suspend or cancel the certificate of registration as provided in section 13 of the Act by an oral order of the chairman of the Board, or by written notice in accordance with Form 9.

(9)  The Board may suspend or cancel a certificate of registration in the absence of the holder of the certificate as provided in subregulation (4)(b) by written notice in accordance with Form 9.

(10)  The Board is to give notice of a suspension or cancellation in the Gazette.

(11)  A notice under subregulation (10) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

PART 4 - Miscellaneous

11.   Fees

(1)  Subject to this regulation, the fees prescribed in Schedule 3 are prescribed as the fees payable to the Board in respect of the matters to which they relate.

(2)  An applicant is exempt from the fee prescribed under this regulation –

(a) for an examination for a subject if he or she was prevented, as demonstrated to the satisfaction of the Board, from sitting previously due to illness or other serious cause and had paid the fee for the missed examination; or

(b) for the original certificate of registration for a class of plumbing or for gas-fitting if the applicant has passed the examinations conducted by the Board for that class of plumbing or for gas-fitting, other than examinations for sanitary plumbing or mechanical services, at advanced level.

12.   Legislation rescinded

The legislation specified in Schedule 4 is rescinded.

SCHEDULE 1 - Forms

Form 1 - Application for registration as journeyman plumber

Regulation 6(1)(a)

Form 2 - Application for registration as advanced plumber in sanitary plumbing or mechanical services plumbing

Regulation 6(1)(b)

Form 3 - Application for registration as advanced plumber or gas-fitter

Regulation 6(1)(c) and (d)

Form 4 - Certificate of registration as journeyman plumber

Regulation 8(1)(a)

Form 5 - Certificate of registration as advanced plumber or gas-fitter

Regulation 8(1)(b)

Form 6 - Application for renewal of certificate of registration

Regulation 9(1)(a)

Form 7 - Certificate of renewal of registration of journeyman plumber

Regulation 9(2)(a)

Form 8 - Certificate of renewal of registration of advanced plumber or gas-fitter

Regulation 9(2)(b)

Form 9 - Notice of cancellation or suspension of certificate of registration

Regulation 10(8) and (9)

SCHEDULE 2 - Examinations

Regulation 7

1.   Interpretation

In this Schedule –

Certificate III means a qualification by that name issued under the Australian Qualifications Framework, within the meaning of the Tasmanian Qualifications Authority Act 2003 ;

core subjects, in respect of registration as an advanced plumber in the class of sanitary plumbing, mechanical services plumbing, water plumbing, roof plumbing or draining, or registration as a gas-fitter, means 3 subjects conducted by a registered training organisation where each subject covers one of the following areas of study:

(a) carrying out work-based risk control processes;

(b) estimate and cost work;

(c) establishing business and legal requirements;

registered training organisation has the same meaning as in the Vocational Education and Training Act 1994 ;

Type A appliance has the same meaning as in the Gas Act 2000 ;

Type B appliance has the same meaning as in the Gas Act 2000 .

2.   Examination requirements for journeyman plumber

The following examinations are required for registration as a journeyman plumber in the following classes of plumbing work:

(a) sanitary plumbing –

(i) the examinations required for the successful completion of a Certificate III in Plumbing (General Plumbing) conducted by a registered training organisation; or

(ii) any examination determined by the Board to be the equivalent of an examination referred to in subparagraph (i) ;

(b) mechanical services plumbing –

(i) the examinations required for the successful completion of a Certificate III in Plumbing (Mechanical Services) conducted by a registered training organisation; or

(ii) any examination determined by the Board to be the equivalent of an examination referred to in subparagraph (i) .

3.   Examination requirements for advanced plumber in sanitary plumbing

The examinations required for registration as an advanced plumber in the class of sanitary plumbing are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of sanitary pipe work fixtures; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

4.   Examination requirements for advanced plumber in mechanical services plumbing

The examinations required for registration as an advanced plumber in the class of mechanical services plumbing are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of heating and cooling systems; and

(iii) commissioning heating and cooling systems; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

5.   Examination requirements for advanced plumber in water plumbing

The examinations required for registration as an advanced plumber in the class of water plumbing are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of hot and cold water services; and

(iii) such of the following subjects as are determined by the Board:

(A) commissioning of backflow prevention devices;

(B) commissioning of hot water temperature control devices;

(C) designing residential and domestic fire sprinkler systems; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

6.   Examination requirements for advanced plumber in roof plumbing

The examinations required for registration as an advanced plumber in the class of roof plumbing are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of roof drainage systems; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

7.   Examination requirements for advanced plumber in draining

The examinations required for registration as an advanced plumber in the class of draining are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of drainage systems; and

(iii) planning size and layout of stormwater drainage systems; and

(iv) designing domestic treatment plant disposal systems; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

8.   Examination requirements for gas-fitter

The examinations required for registration as a gas-fitter are –

(a) the examinations conducted by a registered training organisation in –

(i) each of the core subjects; and

(ii) planning size and layout of gas installations; and

(iii) such of the following subjects as are determined by the Board:

(A) servicing Type A appliances;

(B) installing, commissioning and servicing Type B appliances;

(C) modifying Type B appliances; or

(b) any examination determined by the Board to be the equivalent of an examination referred to in paragraph (a) .

SCHEDULE 3 - Fees

Regulation 11

SCHEDULE 4 - Legislation rescinded

Regulation 12

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 25 February 2009

These regulations are administered in the Department of Justice.