New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 33C

33C Additional requirements for obtaining contractor licences

(1) A contractor licence must not be issued unless the Secretary is satisfied that--

(a) the applicant has, or proposes to have, such numbers of nominated supervisors for the contractor licence as the Secretary considers are needed to ensure that all work for which the contractor licence is required will be done or supervised by qualified individuals, and

(b) the applicant, if also applying for an endorsement of the contractor licence to show that it is the equivalent of a supervisor certificate--

(i) satisfies the requirements of section 33D for the issue of a supervisor certificate to the applicant, and

(ii) is not disqualified from holding a supervisor certificate or a supervisor certificate of a particular kind, and

(iii) is not the holder of a supervisor certificate that is suspended.

(2) Despite section 33B(1)(a)(xiii) and (xv), a contractor licence may be issued if--

(a) the licence does not authorise its holder to do general building work or swimming pool building, and

(b) the Secretary is of the opinion that there is no evident risk to the public that the applicant will be unable to complete contracts entered into in the future to do residential building work or specialist work, and

(c) the Secretary is of the opinion that the relevant person concerned took all reasonable steps to avoid the bankruptcy, liquidation or appointment of a controller or administrator, and

(d) the licence is subject to a condition that the holder must not enter into a contract to do work if the contract price exceeds $20,000 (inclusive of GST) or (if the contract price is not known) the reasonable cost of the labour and materials involved in the work exceeds $20,000 (inclusive of GST).

(3) Despite section 33B(1)(a)(xiv), (xvi) and (xvii), a contractor licence may be issued if, after considering evidence supplied by the applicant, the Secretary is satisfied that--

(a) there is no evident risk to the public that the applicant will be unable to complete contracts entered into in the future to do residential building work or specialist work, and

(b) the relevant person concerned took all reasonable steps to avoid the bankruptcy, liquidation or appointment of a controller or administrator, and

(c) the relevant person concerned has put in place sufficient risk mitigation measures to avoid a future bankruptcy, liquidation or the appointment of a controller or administrator.

(4) A contractor licence issued under subsection (3) may be issued subject to a condition that the holder of the licence must not enter into a contract to do work if the contract price exceeds $20,000 (inclusive of GST) or (if the contract price is not known) the reasonable cost of the labour and materials involved in the work exceeds $20,000 (inclusive of GST).

(5) A condition imposed under subsection (4) may be limited so that it does not apply to a subcontract entered into by the holder of the licence. A
"subcontract" is a contract that is made between parties who each hold a contractor licence and that is for work that each party's contractor licence authorises the party to contract to do.

(6) An individual may be a nominated supervisor for a contractor licence only if the individual--

(a) holds an endorsed contractor licence or a supervisor certificate that authorises its holder to supervise some or all of the work done under contracts for which the contractor licence applied for or held is required, and

(b) is, or is proposed by the applicant or holder to be, an employee of, or a member of the partnership or director of the corporation that is, the applicant or holder, and

(c) made a consent declaration that is lodged with the Secretary and has not been revoked.

(7) In subsection (6)(b),
"employee" means an employee who is required, by the terms of employment, to work for his or her employer otherwise than on a casual or temporary basis.

(8) An individual cannot be the nominated supervisor for more than one contractor licence unless the Secretary--

(a) is satisfied that special circumstances exist that will ensure that the individual, either alone or in conjunction with one or more other nominated supervisors, will supervise all work done under contracts for which each contractor licence is required, and

(b) gives written permission.

(9) The holder of an endorsed contractor licence does not require the Secretary's permission to become the nominated supervisor for only one other contractor licence.

(10) The Secretary may, by order, exempt an applicant from a requirement in relation to nominated supervisors if the Secretary is satisfied that there are special circumstances that warrant it.