Plumbers and Gas-fitters Registration Regulations 1987

Plumbers and Gas-fitters Registration Regulations 1987

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, hereby make the following regulations under the Plumbers and Gas-fitters Registration Act 1951 .

15 December 1987

P. H. BENNETT

Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Labour and Industry

PART I - Preliminary

1.   Short title

These regulations may be cited as the Plumbers and Gas-fitters Registration Regulations 1987 .

2.   Commencement

These regulations shall take effect on the day fixed by proclamation under section 2(2) of the Plumbers' Registration Amendment Act 1983.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears –

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

advanced plumber means a person who is authorized to undertake, at advanced level, sanitary plumbing, mechanical services plumbing, water plumbing, draining, or roof plumbing or more than one of those classes of plumbing work;

certificate of registration means a certificate of registration under section 10 of the Act;

gas-fitter means a person who is authorized to undertake, at advanced level, any gas-fitting;

journeyman plumber means a person who is authorized to undertake, at journeyman level, sanitary plumbing or mechanical services plumbing or both those classes of plumbing work.

(2)  In these regulations, a reference to a form, quoted by a numeral, shall be read as a reference to such of the forms in Schedule 1 as is indicated by the context.

PART II - The Plumbers and Gas-fitters Registration Board

4.   Travelling and motor vehicle allowances payable to the Board

(1)  A member of the Board is entitled to be paid a travelling and motor vehicle allowance in accordance with the General Conditions of Service Award.

(2)  In this regulation,

General Conditions of Service Award means the award of the Tasmanian Industrial Commission relating to conditions of service of employees, within the meaning of the Tasmanian State Service Act 1984 , for the time being in force which is made under the Industrial Relations Act 1984 .

5.   Accounts

The Board shall keep –

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

(b) an account of examination fees received under the Act and expenditure on account of examinations conducted by the Board.

PART III - Registration of persons under the Act and related matters

6.   Application for registration

(1)  An application for registration under the Act –

(a) in the case of an application to be registered as a journeyman plumber, shall be in accordance with Form 1 ;

(b) in the case of an application to be registered as an advanced plumber in respect of sanitary plumbing or mechanical services plumbing or both those classes of plumbing work, shall be in accordance with Form 2 ; or

(c) in the case of an application to be registered as an advanced plumber in respect of water plumbing, draining, or roof plumbing, as a gas-fitter, or in respect of any such class or classes of that plumbing work and as a gas-fitter shall be in accordance with Form 3 .

(2)  For the purposes of section 10(2)(c) of the Act, the documents required to accompany an application under section 10(1) of the Act are documents providing evidence satisfactory to the Board of the qualifications relied on by the applicant in support of the application.

7.   Prescribed examinations

(1)  For the purposes of section 10(4)(a) and (b) of the Act, the examination required to be passed by a person who applies to be registered under the Act as mentioned in section 10(4) of the Act shall be an examination in the appropriate subjects specified in Schedule 2 .

(2)  For the purposes of section 10(6)(a)(ii) of the Act, the examination required to be passed by a person who applies to be registered under the Act as mentioned in section 10(6) of the Act shall be an examination in the appropriate subjects specified in Schedule 2 .

(3)  For the purposes of section 10(7)(d)(i) of the Act, the examination required to be passed by a person who applies to be registered under the Act as mentioned in section 10(7) of the Act shall be an examination in the appropriate subjects specified in Schedule 2 .

8.   Conduct of examinations

(1)  Examinations for the purposes of section 10 of the Act may be held at the following times in the city of Hobart and at such other places as the Board may determine:

(a) twice yearly not later than July and December, on dates to be fixed by the Board and advertised by notice published in 3 daily newspapers published in this State;

(b) at such other times as may be fixed by the Board to enable a person –

(i) to sit for a practical examination in draining;

(ii) to be re-examined in a subject that he has failed to pass at an examination held pursuant to paragraph (a) ; or

(iii) to be examined in a subject if, to the satisfaction of the Board, he has been prevented by illness or other serious cause from sitting for an examination held pursuant to paragraph (a) .

(2)  A person shall apply to sit for an examination –

(a) in accordance with Form 4 , in the case of an examination held pursuant to subregulation (1)(a) or (b)(i) ; or

(b) in accordance with Form 5 , in the case of an examination held pursuant to subregulation (1)(b)(ii) or (iii) .

(3)  An application under subregulation (2) shall be accompanied by the prescribed fee for the examination to which the application relates.

(4)  The Board –

(a) shall appoint examiners to set papers and tests for the examinations, to assess the merits of the candidates at the examinations, and to determine which candidates have passed the examinations; and

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

(5)  In this regulation,

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

9.   Certificates of registration

(1)  A certificate of registration under section 10 of the Act shall –

(a) in the case of a journeyman plumber, be in accordance with Form 6 ; or

(b) in the case of an advanced plumber or a gas-fitter, be in accordance with Form 7 .

(2)  Where a certificate of registration has been lost, destroyed, or defaced, the Board shall –

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

(b) on payment of the prescribed fee –

grant the holder a duplicate certificate of registration.

10.   Renewal of registration

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

(a) shall be in accordance with Form 8 ; and

(b) shall be accompanied by the prescribed fee.

(2)  The Board shall, upon receipt of an application and a fee pursuant to this regulation, grant to the applicant a certificate of renewal of registration –

(a) in the case of a journeyman plumber, in accordance with Form 9 ; and

(b) in the case of an advanced plumber or a gas-fitter, in accordance with Form 10 .

11.   Suspension and cancellation of registration

(1)  If the Board receives from a person an allegation of an act upon which it might suspend or cancel a certificate of registration –

(a) it shall call on that person to produce prima facie evidence of the truth of the allegation; and

(b) it shall, if that evidence is produced, by notice in writing to the holder of the certificate of registration, call on him to show cause why his certificate should not be suspended or cancelled under section 13 of the Act on the ground alleged.

(2)  A notice under subregulation (1)(b)  –

(a) shall set forth the ground on which it is proposed to deal with the certificate of registration to which the notice relates; and

(b) shall specify the time and place at which the holder of the certificate shall attend to show cause why the certificate should not be suspended or cancelled.

(3)  At the time and place specified in a notice under subregulation (1)(b) to the holder of a certificate of registration –

(a) if the holder of the certificate appears, the Board shall first require evidence in support of the allegation to be given and, if a prima facie case is thereby made out, shall require the holder to show cause against it; or

(b) if the holder of the certificate does not appear but it is shown that he has been called on then and there to show cause, the Board shall deal with the matter upon the evidence produced pursuant to subregulation (1) .

(4)  All evidence given under this regulation shall be on oath and shall be subject to cross-examination and re-examination.

(5)  The holder of a certificate of registration showing cause under this regulation may call evidence for that purpose.

(6)  The Board may cause an officer of the Board to investigate an alleged ground of suspension or cancellation under section 13 of the Act and may order him to proceed under this regulation to the exclusion of any other person alleging the same ground.

(7)  An officer of the Board or of a local authority who is called to give evidence may tender a report written by him, if, at least one clear day before the hearing, a copy of the report has been given to the party other than the party by whom the officer is called.

(8)  The Board, upon hearing the parties or in the absence of the holder of a certificate of registration as provided in subregulation (3) , may suspend or cancel the certificate of registration as provided in section 13 of the Act.

(9)  The powers of the Board under subregulation (8) may be exercised –

(a) if the holder of a certificate of registration appears to show cause, by oral order of the chairman of the Board, or by notice in accordance with Form 11 ; or

(b) if the holder of a certificate of registration does not appear to show cause, by notice in accordance with Form 11 .

(10)  The Board shall cause a suspension or cancellation under section 13 of the Act to be notified in the Gazette.

12.   

[Regulation 12 Rescinded by S.R. 2002, No. 64, Applied:01 Jul 2002] .  .  .  .  .  .  .  .  

13.   

[Regulation 13 Rescinded by S.R. 2002, No. 64, Applied:01 Jul 2002] .  .  .  .  .  .  .  .  

14.   Notices and orders under section 21A of Act

Any notice or order required to be served on a person under section 21A of the Act may be served –

(a) by delivering it to that person; or

(b) by forwarding it by post to that person at his place of residence or business last known to the local authority required to serve the notice or order.

15.   

[Regulation 15 Rescinded by S.R. 2002, No. 64, Applied:01 Jul 2002] .  .  .  .  .  .  .  .  

PART IV - Miscellaneous

16.   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 several matters to which they respectively relate.

(2)  No fee is payable by an applicant for examination in a subject in respect of which he has, to the satisfaction of the Board, been prevented by illness or other serious cause from presenting himself for examination at the preceding full examinations.

(3)  An applicant who has passed the examinations conducted by the Board for a class of plumbing or for gas-fitting, other than examinations for sanitary plumbing or mechanical services plumbing, at advanced level, is not liable to pay a further fee for the original certificate of registration for that class of plumbing or for that gas-fitting.

17.   Rescissions

The regulations specified in Schedule 4 are rescinded.

SCHEDULE 1 - Forms

Form 1

Form 2

Form 3

Form 4

Form 5

Form 6

Form 7

Form 8

Form 9

Form 10

Form 11

[Schedule 1 Amended by S.R. 2002, No. 64, Applied:01 Jul 2002]

SCHEDULE 2 - Examinations for prescribed classes of plumbing and for gas-fitting

Regulation 7

1.   Registration as journeyman plumber

(a) Sanitary plumbing –

(i) all subjects in the sanitary plumbing apprenticeship trade course conducted by the Education Department of Tasmania; or

(ii) examinations in subjects determined by the Board to be equivalent to the trade course referred to in subparagraph (i) .

(b) Mechanical services plumbing –

(i) all subjects in the heating and ventilation and air-conditioning plumbing apprenticeship trade course conducted by the Education Department of Tasmania; or

(ii) examinations in subjects determined by the Board to be equivalent to the trade course referred to in subparagraph (i) .

2.   Registration as advanced plumber

(a) Sanitary plumbing – advanced registration examination;

(b) Mechanical services plumbing – advanced registration examination;

(c) Water plumbing or roof plumbing – theory and design, calculations, and practice;

(d) Draining – theory and design and practice.

3.   Registration as gas-fitter

Theory, procedures, and practice.

SCHEDULE 3 - Fees

Regulation 16(1)

SCHEDULE 4 - Regulations rescinded

Regulation 17

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

Notified in the Gazette on 23 December 1987

These regulations are administered in the Department of Labour and Industry.