The Building and Development Certifiers Bill 2018 (NSW) (‘the Bill’) has been assented and enacted as the Building and Development Certifiers Act 2018 (NSW) (‘the Act’). This Act aims to simplify the building and certification system in NSW by clarifying the regulation of certifying authorities.
The Bill was originally introduced as a draft Bill, with public consultation closing on 4 September 2018. The public consultation was conducted as part of the NSW Government’s response to the Independent Review of the Building Professionals Act 2005 (NSW), which this Act now replaces. The draft Bill called for submissions on potential reforms related to the clarification of certifiers’ roles and independence, licence probity requirements and complaint handling procedures.
According to the Draft Explanatory Material, ‘Guide to the Building and Development Certifiers Bill 2018’, the Independent Review made a number of recommendations related to the pre-existing building and certification system. In response, the Government Response identified various legislative areas, and the draft Bill was developed to implement these legislative reforms. As noted in the draft Explanatory Material:
Following the end of public consultation, the Bill was introduced in the Legislative Assembly on 17 October 2018 by Minister for Innovation and Better Regulation Matt Kean.
The Act has the following main objectives:
In his second reading speech, Mr Kean made the following comments on the proposed amendments to ‘certifiers’ in the Bill:
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Building and Development Certifiers Act 2018 (NSW), as published on TimeBase LawOne.
Building and Development Certifiers Bill 2018 (NSW), second reading speech and associated explanatory memorandum as published on TimeBase LawOne.
[draft] Building and Development Certifiers Bill (2018) (NSW), and associated explanatory material, as published on TimeBase LawOne.
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