BUILDER LICENSING

In reply to the Hon. J.M.A. LENSINK (7 June 2011) (First Session).

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women): The Minister for Business Services and Consumers has been advised:

1. 644 licenses were cancelled/lapsed in the 2009-10 financial year.

2. Should any correspondence or notice be returned to Consumer and Business Services (CBS) (formerly known as OCBA), specifically Business and Occupational Services (BOS) as 'Return to Sender' (RTS);

The licensee's details are checked firstly on the Occupational Licensing System (OLS) database and secondly on any other documentation at hand (e.g. assisted application, data entry) for a secondary address.

If a secondary address is located, a note is entered on OLS recording the RTS and the type of documentation involved. The documentation is then forwarded to the secondary address.

If no secondary address is found, a note is entered on OLS recording the RTS and the type of documentation involved and the documentation is destroyed. Should the documentation be original documentation such as a qualification or licence/registration card, it is not destroyed but filed appropriately and recorded on OLS.

Note: An address will not be changed on OLS until such information is advised in writing by the licensees.

3. In 2003 OCBA developed a policy outlining the requirements applicants must meet in order to show 'sufficient business knowledge and experience' (Building Work Contractors Act 1995), this has been adapted to reflect current national training standards. CBS's current Business Qualifications were last updated 1 October 2010.

It is important to note that CBS has a '12 month' policy that allows a person that held an equivalent licence or registration within 12 months, to re-apply without the need to meet the latest qualification requirements.

I am advised that other than this '12 month' policy, the Building Work Contractors Act 1995 does not provide an avenue to re-establish a licence/registration once it has been cancelled/surrendered. This must be achieved by making a new application.

If CBS re-instated a licence/registration when the cancellation/surrender was completed in error, there would be no requirement for training. CBS will re-instate a licence/registration when the cancellation/surrender was completed in error.

4. CBS has an approved qualification where licences cancelled for less than twelve months can be re-applied for without providing evidence of meeting the Business Qualification test, if applying for the same conditions.

The Commissioner has the authority to be flexible with approved qualifications. However, the applicant's circumstances must be considered extraordinary or outside what is allowed by legislation.