Queensland Consolidated Regulations

BUILDING REGULATION 2006 - REG 52

52 Prescribed matters for private certification endorsement—Act, s 163

(1) For section 163 (1) of the Act , the insurance prescribed for private certification is professional indemnity insurance that provides for all of the following—

(a) a minimum limit of indemnity of $1m for any 1 claim and a total during any 1 period of insurance that may arise from the performance of private certifying functions;

(b) as well as the limit of indemnity mentioned in paragraph (a) —indemnity for costs and expenses incurred with the consent of the insurer of defending or settling a claim;

(c) indemnity for breaches of professional duty as a private certifier arising from an act, error or omission of the private certifier after the day the certifier first became a private certifier;

(d) at least 1 automatic reinstatement of indemnity;

(e) indemnity for negligent performance of a building certifying function (other than for claims for fraudulent or illegal acts or omissions);

(f) if the private certifying functions are performed as an employee—indemnity to former principals, partners and directors of the employer who were, but no longer are, private certifiers.

(2) For subsection (1) , a private certifier who is a member of a corporation, or an employee of an individual, corporation or public sector entity, has the required insurance if the corporation, individual or entity has the professional indemnity insurance mentioned in subsection (1) .

(3) For subsection (1) (b) , the indemnity may, for any 1 claim, be limited to 20% of the limit of indemnity the insurance provides under subsection (1) (a) for the claim.

(3A) However, subsection (1) does not apply in relation to a private certifier during the exemption period to the extent the certifier performs private certifying functions directly related to external cladding, or the use of external cladding, that does not comply with any of the following—

(a) an Act or other law of the Commonwealth or a State;

(b) an Australian Standard;

(c) the BCA.

(4) For section 163 (2) of the Act , the prescribed course is the course called ‘Issuing development permits for building work’, conducted by Mackee and Associates Pty Ltd, trading as AssentTECS.

(5) In this section—

"exemption period" means the period starting on the commencement and ending on 30 June 2022.

"external cladding" means cladding or a cladding system—

(a) forming part of, or attached or applied to, an external wall or other external part of a building other than a roof; and

(b) made, in whole or in part, of composite material.

(6) Subsections (3A) and (5) and this subsection expire on 1 July 2022.