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
