Appropriately Licensed Persons: What You Need to Know
Employers and nominees should be aware that they are required to be appropriately licensed in order to direct or supervise work being performed.
As an example, a business might employ someone who holds a backflow prevention endorsement so they can perform valve testing for the business; in this situation the employer/nominee who provides direction/supervision of that employee would also be required to hold the backflow prevention endorsement on their licence. Additionally, if a business uses a subcontractor to perform a task they are not licensed for (as above), the same would apply—the person directing/ supervising the work would be required to hold the equivalent licence. In this circumstance, instead of using the other person as a subcontractor and having them contract for the work directly with the customer would eliminate the issue. The Plumbing and Drainage Act 2018 states: 57 Supervising or directing work without appropriate licence
1. Subject to section 58, a person (a supervisor) must not supervise another person carrying out plumbing or drainage work unless the supervisor holds a licence for the work.
Maximum penalty—
a. for a first offence—250 penalty units; or
b. for a second offence—300 penalty units; or
c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.
2. Subject to section 58, a licensee must not supervise another person carrying out plumbing or drainage work unless the other person holds a licence for the work.
Maximum penalty—
a. for a first offence—250 penalty units; or
b. for a second offence—300 penalty units; or
c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.
3. Subject to section 58, a licensee must not direct another person to carry out plumbing or drainage work unless the other person holds a licence for the work.
Maximum penalty—
a. for a first offence—250 penalty units; or
b. for a second offence—300 penalty units; or
c. for a third or later offence, or if the plumbing or drainage work is grossly defective work—350 penalty units or 1 year’s imprisonment.
4. For subsections (1) and (2), a person (a consumer) is taken not to supervise another person carrying out plumbing or drainage work only because the consumer entered into a contract for carrying out the plumbing or drainage work, other than a contract of employment.
5. An individual who contravenes subsection (1), (2) or (3) and is liable to a maximum penalty of 350 penalty units or 1 year’s imprisonment commits a crime.
MPAQ members who would like more information can call the MPAQ Technical team on 07 3273 0800.
Article written by Ernie Kretschmer – Deputy Executive Director, MPAQ