National Occupational Licensing
System - NOLS
National Occupational
Licensing System
Information Session
Introduction
13 September 2013
Gary Newcombe
Director Strategic Policy and Development
Consumer Protection Division
Department of Commerce
A6642440
1
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.
2
Overview
NOLS: 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.
3
Overview
NOLS: 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.
4
Overview
NOLS: 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.
5
Overview
NOLS: 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.
6
Overview
NOLS: 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.
7
Overview
NOLS: 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.
8
Overview
NOLS: 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).
9
NOLS
Administration
Standing Council
Federal
Financial Relations
National Occupational
Licensing Authority
Board
Chief Executive
Occupational Licence
Advisory Committees
Regulator Working Groups
Staff
Jurisdictional Regulators
EG Department
of Commerce WA
Staff
10
Overview
NOLS: 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.
11
Overview
NOLS: 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.
12
Overview
NOLS: 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.
13
Overview
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.
14
How to have your say
Online information can be found at:
http://www.commerce.wa.gov.au/ConsumerProtection/Cont
ent/Resources/Occupational_licensing_NOL_i.html
Email submissions to: responses@commerce.wa.gov.au
Written submissions to:
Mr Gary Newcombe
Department of Commerce
Locked Bag 14
Cloisters Square WA 6850
Closing date – 30 September 2013.
15
Questions?
16
Proposed National Licensing
Framework for Plumbing
Occupations
September 2013
Russell Murray – Industry Analyst
Plumbing Overview
 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
18
Plumbing Overview (cont)
 Three National licensing models:
1.
2.
3.
Two Tier
Three tier (sub-option 1)
- High number of Cert IV units
Three Tier (sub-option 2)
- Low number of Certificate IV units
19
National Licensing Models
Plumbing
Licence
Category
WA- Current
Two Tier
Three Tier
(sub-option 1
and 2)
Contractor
No
Yes
Yes
Full Licence
Yes – Licensed
Plumbing
Contractor
Yes
Yes
Tradesperson
Yes
No
Yes
Provisional
Yes –
Tradesperson
(with conditions)
Yes
Yes
20
Plumbing work (sanitary plumbing
work or water plumbing work)
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.
21
Drainage work
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.
22
Fire Protection Work
• 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
23
Mechanical Services Work
• 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
24
Restricted Plumber –
Disconnect/Reconnect Work
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.
25
Restricted Plumber –
Urban Irrigation Work
• 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
26
Restricted Fire Protection Work –
Inspecting/Testing
• 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
27
Thermostatic Mixing Valve Work
Endorsement
• 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
28
Backflow Prevention Work
Endorsement
• 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
29
Storm Water and Roof Plumbing
• DRIS (page 43)
• To be considered in consultations on building
occupations.
• May still be including as a plumbing occupation.
30
Onsite sewerage facility maintenance –
endorsement
• DRIS (page 47)
• Queensland only jurisdiction with similar endorsement.
• Generally regulated through Health Department/LGA.
31
Skills-based Eligibility Requirements
Water Plumbing
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)
32
Skills-based Eligibility Requirements
Drainage
Tradesperson Registration
• No change
Full Licence
• Removed establish legal and risk management for small business unit
33
Questions?
34
National Occupational Licensing
System - NOLS
Decision-RIS for
Gas fitting Occupations
September 2013
Cornelis de Groot EnergySafety
Department of Commerce
Licence Categories
Immigrants only
36
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.
37
Gas Fitters
• NOLS to cover our current:
 Class G (can certify and sign NOC); and
 Some areas of our Class I (Industrial) GF.
38
Class I Gas fitting covered
by NOLS
Type B Scope
Type 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
39
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.
40
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.
41
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.
42
Other Licence Categories
• Restricted Plumbing Licences and Provisional
Licences - No significant change between C-RIS
and D-RIS.
43
Questions?
44
National Occupational Licensing
System - NOLS
Decision-RIS for
Electrical Occupations
September 2013
Saj Khan
EnergySafety
Department of Commerce
Licence Categories
46
Licence Categories
47
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.
48
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.
49
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.
50
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.
51
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.
52
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.
53
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.
55
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!
56
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.
57
How to have your say
Online information can be found at:
http://www.commerce.wa.gov.au/ConsumerProtection/Cont
ent/Resources/Occupational_licensing_NOL_i.html
Email submissions to: responses@commerce.wa.gov.au
Written submissions to:
Mr Gary Newcombe
Department of Commerce
Locked Bag 14
Cloisters Square WA 6850
58
Questions?
59