New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 15A

15A Unqualified mechanical services and medical gas work

(1) An individual must not do any mechanical services and medical gas work (whether or not it is also residential building work) except--

(a) as a qualified supervisor in respect of that work, or

(b) as the holder of a tradesperson certificate authorising its holder to do that work under supervision, but only if the work is done under the supervision and in accordance with the directions, if any, of a qualified supervisor.

: Maximum penalty--1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(2) Despite subsection (1), an apprentice or trainee may do mechanical services and medical gas services work even though the apprentice or trainee is not a qualified supervisor or holder, but only if a qualified supervisor--

(a) is present at all times where the work is being done by the apprentice or trainee, and

(b) is available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee.

(3) A qualified supervisor who is supervising any mechanical services and medical gas work being done by an apprentice or trainee as referred to in subsection (1)(b) must--

(a) give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it, and

(b) personally ensure that the work is correctly done.

: Maximum penalty--1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4) A qualified supervisor who is supervising any mechanical services and medical gas work being done by an apprentice or trainee as referred to in subsection (2) must--

(a) give directions that are adequate to enable the work to be done correctly by the apprentice or trainee performing it (which, unless the qualified supervisor considers it unnecessary, must include directions requiring the apprentice or trainee to advise in detail on progress with the work), and

(b) be present when the work is being done and be available to be consulted by, and to give directions relating to how the work is to be done to, the apprentice or trainee, and

(c) personally ensure that the work is correctly done.

: Maximum penalty--1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(5) Despite subsection (1), a person may do mechanical services and medical gas work that is also the following--

(a) plumbing and drainage work within the meaning of the Plumbing and Drainage Act 2011 ,

(b) work declared by the regulations to be refrigeration work or air-conditioning work,

(c) roof plumbing work,

(d) specialist work within the meaning of section 34 of the Design and Building Practitioners Act 2020 in relation to a medical gas installation,

if the person is--

(e) the holder of an endorsed contractor licence, or of a supervisor or tradesperson certificate, authorising its holder to do that work, or

(f) under the immediate supervision of the holder of a contractor licence or supervisor certificate that is endorsed with respect to that work.

(6) This section applies to an individual acting in the course of his or her employment by the Crown.

(6A) This section does not apply to a person who is a registered medical practitioner or a registered nurse who is commissioning, testing, verifying or witnessing a medical gas installation in the course of carrying out the person's functions as a registered medical practitioner or a registered nurse.

(7) In this section--

"apprentice" has the same meaning as in the Apprenticeship and Traineeship Act 2001 .

"qualified supervisor" , in respect of a class of work, means the holder of an endorsed contractor licence, or a supervisor certificate, authorising its holder to do that work.

"trainee" has the same meaning as in the Apprenticeship and Traineeship Act 2001 .