New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020

- As at 20 August 2024
- Act 7 of 2020

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Building work
   5.      Regulated designs
   6.      Building elements
   7.      Building practitioners
   8.      Compliance declarations

   PART 2 - REGULATED DESIGNS AND BUILDING WORK

           Division 1 - Obligations of design practitioners

   9.      Compliance declarations by registered design practitioners
   10.     Declarations by unregistered persons
   11.     Registered design practitioners to be indemnified

           Division 2 - Obligations of principal design practitioners

   12.     Compliance declarations by registered principal design practitioners
   13.     Declarations by unregistered persons
   14.     Registered principal design practitioners to be indemnified

           Division 3 - Obligations of building practitioners

   15.     Provision of relevant documents to Secretary
   16.     Notice of application for occupation certificate
   17.     Compliance declarations by registered building practitioners
   18.     Building practitioners must ensure compliance with declaration obligations
   19.     Designs and design compliance declarations to be obtained
   20.     Variations after building work commences
   21.     Requirements for building elements and performance solutions
   22.     Obligations relating to Building Code of Australia
   23.     Declarations by unregistered persons
   24.     Registered building practitioners to be indemnified

           Division 4 - Miscellaneous

   25.     Compliance with Building Code of Australia
   26.     Requirements for compliance declarations before issue of building certificates
   27.     Principal certifier must consider compliance declarations
   28.     Provision of compliance declarations, and other obligations, of registered body corporates
   29.     Improper influence with respect to provision of declarations
   30.     Regulations relating to insurance requirements

   PART 3 - ENGINEERING WORK AND SPECIALIST WORK

           Division 1 - Professional engineering work

   31.     Professional engineering work
   32.     Professional engineering work only carried out by professional engineers
   33.     Registered professional engineers to be indemnified

           Division 2 - Specialist work

   34.     Specialist work
   35.     Specialist work only carried out by registered specialist practitioner

   PART 4 - DUTY OF CARE

   36.     Definitions
   37.     Extension of duty of care
   38.     Economic loss--owners corporations and associations
   39.     Duty must not be delegated
   40.     No contracting out of Part
   41.     Relationship with other duties of care and law

   PART 5 - REGISTRATION OF PRACTITIONERS

           Division 1 - Applications for registration

   42.     Classes of registration
   43.     Application for registration
   44.     Secretary may obtain information from third parties
   45.     Determination of applications
   46.     Grounds for opinion that a person is not a suitable person to carry out work
   47.     Requirements for registration
   48.     Duration of registration
   49.     Conditions of registration
   50.     Particular conditions
   51.     Condition requiring provision of information to the Secretary

           Division 2 - Variation, suspension or cancellation of registration

   52.     Variation, suspension or cancellation of registration generally
   52A.    Variation of registration
   53.     Suspension or cancellation may be subject to conditions

           Division 3 - Recognition as registered practitioner

   54.     Recognition procedure
   55.     Recognition of professional bodies for engineers
   55A.    Review by Civil and Administrative Tribunal

           Division 4 - Registration offences

   56.     Offence of contravening condition
   57.     Offence of lending certificate registration
   58.     False representations relating to practitioners
   59.     Return of cancelled, suspended or varied registration
   60.     Registered practitioner to notify Secretary of certain events

           Division 5 - General

   61.     Registration not transferable
   62.     Voluntary surrender or suspension of registration
   63.     Review by Civil and Administrative Tribunal

   PART 6 - DISCIPLINARY ACTION AGAINST PRACTITIONERS

   64.     Grounds for taking disciplinary action
   65.     Notice to show cause
   65A.    Power to suspend registration when notice to show cause served
   66.     Disciplinary action that may be taken by Secretary
   67.     Directors must report certain conduct
   68.     Review by Civil and Administrative Tribunal
   69.     Enforcement of monetary penalties and payment of costs
   70.     Liability for offences not affected

   PART 7 - INVESTIGATIONS

           Division 1 - Preliminary

   71.     Definitions
   72.     Purposes for which functions under Part may be exercised

           Division 2 - Authorised officers

   73.     Appointment of authorised officers
   74.     Scope of authority
   75.     Identification

           Division 3 - Information gathering powers

   76.     Exercise in conjunction with other powers
   77.     Powers of authorised officers to require information and records
   78.     Power of authorised officers to require answers
   79.     Recording of evidence

           Division 4 - Entry to premises

   80.     Powers of authorised officers to enter premises
   81.     Entry into residential premises only with permission or warrant
   82.     Search warrants
   83.     Provision of assistance to authorised officers
   84.     Powers that may be exercised on premises

           Division 5 - Miscellaneous

   85.     Taking possession of records to be used as evidence
   86.     Obstruction of authorised officers
   87.     Failure to comply with direction

   PART 8 - ENFORCEMENT

           Division 1 - Remedial actions

   88.     Undertakings
   89.     Stop work orders
   90.     Appeals against stop work orders
   91.     Applying for orders to restrain or remedy contraventions
   92.     Complaints, investigations and audits of practitioners

           Division 2 - Offences

   93.     Proceedings for offences
   94.     Penalty notices
   95.     Offences by bodies corporate
   96.     Continuing offences
   97.     Onus of proof regarding reasonable excuse

   PART 9 - MISCELLANEOUS

   98.     Practitioners registers
   98A.    Register of orders and undertakings
   99.     Warning notices
   100.    Service of documents
   101.    Certificate evidence of certain matters
   102.    Personal liability
   103.    Disclosure and misuse of information
   104.    Exchange of information
   105.    Secretary may require information about insurance policies
   106.    Delegation
   107.    Regulations
   108.    Recovery of unpaid fees
   109.    Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)