The introduction of National licensing
The principal legislation underpinning the National Occupational Licensing Scheme follows what has become a standard approach in framing national legislation in areas such as licensing and OH&S, where constitutional powers rest with the States and Territories and not the Commonwealth, such is the current case with the Building Code of Australia (BCA).
Under the National Law process, each State and Territory will choose what trade they decide to regulate. For example, The Office of Fair Trading may decide to licence wall & floor tilers’ where the Victorian Building Commission may not.
The Purpose of the National Licensing System.
The Explanatory Memorandum to the Occupational Licensing National Bill 2010 identified the purpose of the National Licensing System as to:
...remove overlapping and inconsistent regulation between jurisdictions for the licensing of occupational areas. By so doing, it aims to improve business efficiency and the competitiveness of the national economy, reduce red tape, improve labour mobility and enhance productivity. This will enhance consumer confidence and protection without imposing unnecessary costs on consumers and business or substantially lessening competition.
The issue is that we will most probably not see the consistency that the building industry requires in building licensed areas and that each State and Territory will also charge a fee for their relevant registration of individuals. One of the main issues is that licensing of trades is legislated under different acts and regulations in each State and Territory, some underpinned by consumer protection and others by building regulations.
A recent report by Western Australia’s, Standing Committee on Uniform Legislation and Statutes Review makes mention that jurisdictional parochialism may never be resolve in quoting the following extract of evidence to the inquiry:
There is a whole range of reasons why licensing is different in different jurisdictions. A lot of it is political. A lot of it relates to the views of the industry associations and whether that is supported or not. Some people’s view is that the New South Wales system is far too regulatory, far too onerous, and does not work. Other people might have a view that Western Australia is too laissez faire and so on. But those views have been formed politically in each of those jurisdictions.
Master Builders Association of NSW (Master Builders) understands that there will be no requirement for applicants for a National Licence to substantiate their practical experience, as currently required in NSW. The matter of practical experience will be something that is assessed when a Registered Training Organisation (RTO) considers an applicant is competent in applying the relevant knowledge and skills gained in a practical manner, in order to be issued an underlying licensing qualification.
There will be increasing reliance on the adequacy of training and most importantly, that qualifications are being issued after proper assessment. Along with being the leading RTO for the building and construction industry and again a finalist in the Department of Education training awards, Master Builders can ensure consistency and an improvement of standard practises in this important part of the economy .
Peter Meredith, Director – Housing
Paul Lawrence, General Manager - Training
Master Builders Association of NSW
Phone: (02) 8586 3555