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National Occupational Licensing System - NOLS

National Occupational Licensing System

Information Session

Introduction13 September 2013

Gary NewcombeDirector Strategic Policy and Development

Consumer Protection DivisionDepartment of Commerce

A6642440

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Purpose of today’s session

• Provide a general update on the proposed National Occupational Licensing System – what it involves and its current status.

• Recognising the make-up of the audience – give presentations on the proposals for plumbers, gasfitters and electricians.

• Give you an opportunity to ask questions and encourage you to provide comments on the proposals if you haven’t already done so.

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OverviewNOLS: what is it?

• COAG proposal intended to improve labour mobility in a range of occupations.

• Will introduce standard licence categories for occupations within its scope.

• Licensees will apply for, and pay for, a single licence and, without more, will be able to move and work under that licence anywhere in Australia.

• Unlike existing mutual recognition arrangements, will not need to make application in a new jurisdiction or pay a fee.

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OverviewNOLS: what occupations are involved?

• Occupations to be rolled into NOLS in two waves.

• Wave 1 covers: property occupations, air-conditioning and refrigeration mechanics, electricians, gasfitters, and plumbers.

• Property occupations includes: real estate agents, sales representatives, business agents, business agents’ representatives, real estate auctioneers and strata managers.

• Wave 2 covers: building and building related trades, land valuers and settlement agents.

• States that don’t currently license some of these occupations not obliged to introduce new licence requirements.

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OverviewNOLS: what is the timeline?

• Original timeline was July 2012 for first wave occupations to come under national licence and July 2013 for second wave occupations.

• Current timeline is late 2014 for first wave occupations. No current timeline for second wave occupations, likely not before 2015.

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OverviewNOLS: how has it been developed?

• Development led by Commonwealth Government Taskforce chaired by Prime Minister & Cabinet.

• Overseen by national steering committee of Commonwealth and all States & Territories.

• Advice received from working groups representing occupations, consumers and training industry and State and Territory regulators – advice not always accepted.

• Detailed draft proposals released for public comment in September 2012. National and State consultation.

• Revised, recommended best practice proposals released for public comment in July 2013.

• NOLA now responsible for finalising proposals.• Final proposals to be signed off by Standing Council on

Federal Financial Relations and COAG.

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OverviewNOLS: how will it be implemented?

• Based on Victorian model legislation and national regulations to be applied in all other States/Territories, except WA and the ACT.

• If WA implements, will by way of its own, identical legislation. The ACT is not a participant yet.

• Victorian Act is Occupational Licensing National Law (Vic) 2010.

• All participating States/Territories, other than WA, have passed laws to apply the Victorian Act.

• Before scheme can come into operation, amendments and regulations required – not yet finalised.

• WA still needs to pass legislation.

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OverviewNOLS: how will it be administered?

• New National Occupational Licensing Authority (NOLA) to administer scheme but delegate day to day licensing functions to existing State/Territory regulators (eg EnergySafety, Building Commission.)

• NOLA based in Sydney. Board appointed. Staff in place. CEO yet to be appointed. No long term budget. States and Territories pay for its operation.

• NOLA’s main functions are setting licensing policy and maintaining national licence register.

• NOLA has taken over responsibility for developing proposals since mid-2013.

• NOLA to be overseen by Standing Council on Federal Financial Relations.

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OverviewNOLS: how will it be administered?

•Regulator Working Groups have been established for each occupation – Building Commission, Consumer Protection and EnergySafety represented.

•Occupational Licence Advisory Committees (OLAC) established for each licensed occupation – WA regulators represented on plumbing/gasfitting and property OLACs.

•OLACs will advise NOLA on licensing policy and matters referred to them.

•Each OLAC must have balance of expertise on regulation, union, employer rep, OHS, consumer advocacy, training, insurance (if relevant).

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NOLSAdministration

Standing Council Federal

Financial Relations

National Occupational Licensing Authority

Board

Chief ExecutiveOccupational Licence Advisory Committees

Regulator Working Groups

Staff

Jurisdictional RegulatorsEG Department

of Commerce WA

Staff

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OverviewNOLS: key elements.

• Only covers obtaining, issuing and keeping a licence – does not cover day to day conduct rules. These will remain State/Territory specific and be administered by existing regulators.

• New licensees will pay one fee for the licence but the fee will be set by individual States/Territories and will vary.

• New licensees will need to apply in the State/Territory that is place of residence or principal place of business.

• States/Territories don’t have to introduce a NOLS occupational licence if they do not currently license that occupation (eg air-conditioning and refrigeration mechanics in WA).

• National licences will have nationally standard scope of work and entry requirements.

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OverviewNOLS: key elements.

• All existing licensees will be automatically transferred into the new system to the closest national licence category – may involve some conditions being imposed to restrict new licence.

• Principle for transferring existing licensees will be – no disadvantage, after transfer will be able to do everything could do before transfer. BUT, may need more than 1 licence.

• Will be a national register of all licensed entities – eg individuals, individuals in partnership or companies.

• Entities will be numbered in new system, not licences.

• Existing licensees will be able to keep current licence numbers for a period but ultimately will have to transfer to new entity number.

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OverviewNOLS: State position.

• State has signed up to COAG proposal but yet to implement it.

• WA Government is waiting on local stakeholder feedback before deciding on how/whether to implement NOLS in WA.

• WA Government agreed to release of Regulation Impact Statements for consultation but has not endorsed content.

• Implementation of NOLS in WA will require separate State legislation to be passed by State Parliament.

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OverviewNOLS: Where to from here?

• WA Government wants to know your views on the proposals.

• If you have concerns, important that you state them now as WA Government will need to make a decision on its participation in NOLS.

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How to have your say

Online information can be found at:http://www.commerce.wa.gov.au/ConsumerProtection/Content/Resources/Occupational_licensing_NOL_i.html Email submissions to: responses@commerce.wa.gov.au

Written submissions to:

Mr Gary NewcombeDepartment of CommerceLocked Bag 14Cloisters Square WA 6850

Closing date – 30 September 2013.

Questions?

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Proposed National Licensing Framework for Plumbing

Occupations September 2013

Russell Murray – Industry Analyst

Three National licensing models:• C-RIS released 13 August 2012• NOLS Taskforce presentation – September 2012• Commerce consultation – September 2012• Stakeholders feedback to NOLS Taskforce - 1,339

submissions (Australia-wide) on the plumbing and gasfitting C-RIS

• Stakeholders feedback to Commerce• Views expressed in submissions to Building

Commission or Department of Commerce collated and used to inform State Government

Plumbing Overview

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Three National licensing models:1. Two Tier2. Three tier (sub-option 1)

- High number of Cert IV units

3. Three Tier (sub-option 2)- Low number of Certificate IV units

Plumbing Overview (cont)

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Licence Category

WA- Current Two TierThree Tier

(sub-option 1 and 2)

Contractor No Yes Yes

Full LicenceYes – Licensed

Plumbing Contractor

Yes Yes

Tradesperson Yes No Yes

ProvisionalYes –

Tradesperson (with conditions)

Yes Yes

National Licensing ModelsPlumbing

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How does this differ to WSL (PL&PS) Regs?•expanded definition of water services to include non-drinking water•plumbing work commences at point of connection rather than metered assembly, and•specific exclusions, including tap washers, showerheads and tapware

– Not defined terms.

Changes since CRIS•Additional exclusions including:

– installing a water-restricting flow-regulating device (water plumbing); and– Inspection, cleaning or clearing of a sanitary plumbing system without altering

existing sanitary plumbing fixtures (sanitary)• Does not differentiate between domestic, commercial work.

Plumbing work (sanitary plumbing work or water plumbing work)

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How does this differ to WSL (PL&PS) Regs?•Definition of sanitary drainage system includes ‘if the discharge is carried to an on-site waste water treatment facility, the treatment facility.

Changes since CRIS•Includes a number of additional exemptions, including:

– inspecting, cleaning or clearing a sanitary drainage system using existing inspection openings or removable grates,

– cleaning or maintaining ground level grates to traps that form part of a sanitary drainage system, and

– replacing caps to a ground level inspection opening that forms part of a sanitary drainage system.

Drainage work

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• No change

Fire Protection Work

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• No change

Mechanical Services Work

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How does this differ to WSL (PL&PS) Regs?•Does not include some of the exclusions relating to unsafe work, e.g.:

– existing pipes are not in safe and proper working order; and– temperature/pressure relief valve overflow pipe does not comply

with the plumbing standards.

Changes since CRIS•Have removed exemption relating to unsafe work, notably if overflow pipe does not comply with NCC.

Restricted Plumber – Disconnect/Reconnect Work

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• New category since CRIS

Restricted Plumber – Urban Irrigation Work

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• New category since CRIS

Restricted Fire Protection Work –

Inspecting/Testing

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• No change

Thermostatic Mixing Valve WorkEndorsement

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• Not currently included in WA’s plumbing regulations as a separate category.

• Current plumbing review may provide some guidance on whether it should be included in the future.

Changes since CRIS• No change

Backflow Prevention WorkEndorsement

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• DRIS (page 43)• To be considered in consultations on building

occupations.• May still be including as a plumbing occupation.

Storm Water and Roof Plumbing

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• DRIS (page 47)• Queensland only jurisdiction with similar endorsement.• Generally regulated through Health Department/LGA.

Onsite sewerage facility maintenance –endorsement

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Tradesperson Registration•No change – Certificate III in Plumbing

Full Licence•Removed

• Establish legal and risk management for small business unit• Units relating to backflow prevention devices and thermostatic

mixing valves (now endorsements)

Skills-based Eligibility RequirementsWater Plumbing

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Tradesperson Registration•No change

Full Licence• Removed establish legal and risk management for small business unit

Skills-based Eligibility RequirementsDrainage

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Questions?

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Decision-RIS forGas fitting Occupations

September 2013

Cornelis de Groot EnergySafety

Department of Commerce

National Occupational Licensing System - NOLS

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Licence Categories

Immigrants only

Apprentices

• Unclear how apprenticeships will be managed.• Removal of licensing for apprentices, i.e. no training

licences (similar to C-RIS).• All experience requirements would be removed for

all occupations.• This could open the door to purely classroom

training.• After apprenticeship (cert III) a gas fitter will only be

eligible for tradesperson, then complete selected Cert IV units to get full licence and then eligible for contractor’s licence.

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Gas Fitters

• NOLS to cover our current: Class G (can certify and sign NOC); and Some areas of our Class I (Industrial) GF.

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Class I Gas fitting covered by NOLS

Type B ScopeType B gas appliance•Appliance more than 10MJ/hr & <5,000MJ/hr.

•Water heater / space heater / vat or tank heater.

•Dryer or oven not associated with volatile solvents or hazardous atmospheres.

•Batch kiln with flame supervision & safeguards.

•Cooking appliance / furnace / stationery engine.

•OR

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Class I Gas fitting covered by NOLS

Type B Scope (continued)

•Gas Appliance more than 10MJ/hr and

< 10,000MJ/hr.•Steam Boiler.•Thermal fluid heater.•Does not include a mobile engine.•Does not cover Authorisations.

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Gas Fitters

NOLS will not cover • Class E Gas Fitter (mobile engines)• Class P Gas Fitter (dispensers) and• Some areas of our Class I (Industrial)• Authorisations• Apprentices – not licensed under NOLS

•This means multiple cards, fees and endorsements for those with more qualifications.

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Gas Contractors

• No training/qualification required for a contractor’s licence (No change from C-RIS).

• Apprentices, where they have completed all Cert III and IV modules, may apply for both their gas fitter’s licence and their GC licence at the same time.

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Other Licence Categories

• Restricted Plumbing Licences and Provisional Licences - No significant change between C-RIS and D-RIS.

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Questions?

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Decision-RIS for Electrical Occupations

September 2013

Saj Khan

EnergySafety

Department of Commerce

National Occupational Licensing System - NOLS

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Licence Categories

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Licence Categories

Apprentices

• No licensing of apprentices, i.e. no training licences (similar to C-RIS).

• No experience requirements (for all licence categories).

• An apprentice electrician will not be required to undergo further on the job time, beyond that required as part of an apprenticeship, in order to be eligible for a licence.

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Apprentices• The highlighted words have been added.• Unclear how apprenticeships will be managed.• Will apprentices still be required to demonstrate

they have completed enough on-the-job experience before they are allowed to sit the Capstone Test?

• Will apprenticeship be the only pathway to a licence?

• If not, this could open the door to purely classroom training.

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Electricians

• Scope of work (SoW) for an electrician’s licence in D-RIS different from C-RIS.

• SoW (in C-RIS) implicitly included electrical fitting work (consistent with E(L)R1991).

• Electrician’s work now (in D-RIS) does not include electrical fitting work.

• Under NOLS, an electrician must also hold an electrical fitter’s licence to do electrical fitting work.

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Electricians

• Existing electrician’s licence holders would be transitioned to both an electrician’s licence and an electrical fitter’s licence.

• May imply two licence fees;• A person already enrolled in an apprenticeship

(for an electrician’s licence) would also qualify for both licences.

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Electricians• After commencement of the National Law,

apprentices would qualify either for an electrician’s licence or an electrical fitter licence (depending on pathway chosen).

• Electricians would not be allowed to perform electrical fitting work.

• Some companies will need to employ both an electrician and an electrical fitter.

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Electrical Contractors• No training/qualification required for an EC

licence (No change from C-RIS). • Completing apprentices may apply for both their

electrician’s licence and their EC licence at the same time, without any additional business or safety training nor experience.

• New electrical contractors will not have received any prior training on the additional safety and legislative requirements prior to being issued a licence.

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Electrical Contractors• The C-RIS opened the door for holders of a

“prescribed licence” (such as builders) to contract directly with licensed electrical workers.

• The D-RIS mentions that the Amendment Bill will articulate that “the holder of a non-electrical contractor licence such as builders, must contract with an electrical contractor, rather than the holder of an electrician or other electrical licence”.

• ECs engaging in both electrical work and electrical fitting work will need two nominees. 54

Other Licence Categories

• Restricted Electrical Licences and Provisional Licences - No significant change between C-RIS and D-RIS.

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Engineers

Under Reg19(2)(n) of E(L)R1991, professionally qualified electrical engineers with experience relating to electrical installing work are exempt from holding a licence when:

(i)conducting detailed inspection of an electrical installation, including switchboards and equipment; or

(ii)taking measurement of electrical parameters; or

(iii)commissioning of, or the finding of faults in an electrical installation (including any required disconnection or reconnection of electrical components and equipment).

No exemption for electrical engineers in NOLS!

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NOLS: Where to from here?

• WA Government wants to know your views on the proposals.

• If you have concerns, important that you state them now as WA Government will need to make a decision on its participation in NOLS.

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How to have your say

Online information can be found at:http://www.commerce.wa.gov.au/ConsumerProtection/Content/Resources/Occupational_licensing_NOL_i.html Email submissions to: responses@commerce.wa.gov.au

Written submissions to:

Mr Gary NewcombeDepartment of CommerceLocked Bag 14Cloisters Square WA 6850

Questions?

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