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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE ASSEMBLY
Water Services Coordination Amendment
Bill 1999
A Bill for
An Act to amend the Water Services Coordination Act 1995 and to
consequentially amend certain other Acts.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Water Services Coordination
Amendment Act 1999.
page 1
71--1
Water Services Coordination Amendment Bill 1999
s. 2
2. Commencement
The provisions of this Act come into operation on such day as
is, or days as are respectively, fixed by proclamation.
3. The Act amended
5 The amendments in this Act are to the Water Services
Coordination Act 1995* unless otherwise indicated.
[* Act No. 72 of 1995.
For subsequent amendments see 1997 Index to Legislation of
10 Western Australia, Table 1, p. 247 and Act No. 32 of 1997.]
4. Long title amended
The long title is amended by deleting "and to confer powers
and" and inserting instead --
"
15 to confer powers, to establish a Board with functions related
to the licensing of plumbers, to provide for regulation
making powers in respect of the Board, licensing matters
and the carrying out of plumbing work and to
".
20 5. Section 3 amended
Section 3 is amended as follows:
(a) by inserting in the appropriate alphabetical positions the
following definitions --
"
25 "Board" means the Plumbers Licensing Board
established by section 59;
"department" means the department of the Public
Service principally assisting the Minister in the
administration of this Act;
page 2
Water Services Coordination Amendment Bill 1999
s. 6
"plumber" means a person who carries out plumbing
work as defined in section 59I;
";
(b) by deleting the definition of "licence" and inserting
5 instead --
"
"licence" --
(a) in Schedule 3, means a licence under the
regulations; and
10 (b) otherwise, means an operating licence;
".
6. Section 59 repealed
Section 59 is repealed.
7. Part 5A inserted
15 After Part 5 the following Part is inserted --
"
Part 5A -- Licensing of plumbers and
related matters
Division 1 -- Plumbers Licensing Board
20 59. Board established
A board called the Plumbers Licensing Board is
established.
59A. Membership of Board
The Board consists of not more than 9 members
25 appointed by the Minister in accordance with the
regulations.
page 3
Water Services Coordination Amendment Bill 1999
s. 7
59B. Functions of Board
(1) The functions of the Board are --
(a) to monitor matters relating to the qualification
and training of plumbers, and to provide advice
5 on those matters to the Minister and the
Coordinator and, with the approval of the
Minister, to any other person or body
concerned with those matters;
(b) to advise the Minister and the Coordinator on
10 matters relating to the licensing and regulation
of plumbers;
(c) to administer any licensing scheme provided
for by the regulations; and
(d) to perform licensing, disciplinary and other
15 functions given to it by the regulations.
(2) It is also a function of the Board to do things that it is
authorized to do by any other written law.
59C. Powers of Board
The Board has all the powers it needs to perform its
20 functions under this Act or any other written law.
59D. Delegation
(1) The Board may, by instrument, delegate the
performance of any of its functions, except this power
of delegation and any disciplinary power conferred by
25 the regulations or another written law.
(2) A delegation under subsection (1) may be made to --
(a) a member of the Board;
(b) any committee established under the
regulations; or
page 4
Water Services Coordination Amendment Bill 1999
s. 7
(c) with the approval of the Minister, any other
person.
(3) A function performed by a delegate is to be taken to be
performed by the Board.
5 (4) A delegate performing a function under this section is
to be taken to do so in accordance with the terms of the
delegation unless the contrary is shown.
59E. Minister may give directions
(1) Subject to subsection (2), the Minister may give
10 directions in writing to the Board with respect to the
performance of its functions, either generally or in
relation to a particular matter, and the Board is to give
effect to any such direction.
(2) The Minister must not under subsection (1) direct the
15 Board with respect to the performance of its licensing
or disciplinary functions, whether under this Act or any
other written law, in respect of --
(a) a particular person; or
(b) a particular application, complaint or
20 proceeding.
(3) The text of a direction given under subsection (1) is to
be included in the annual report submitted by the
accountable officer of the department under section 62
of the Financial Administration and Audit Act 1985.
25 59F. Minister to have access to information
(1) The Minister is entitled --
(a) to have information in the possession of the
Board; and
page 5
Water Services Coordination Amendment Bill 1999
s. 7
(b) if the information is in or on a document, to
have, and make and retain copies of, that
document.
(2) For the purposes of subsection (1) the Minister may --
5 (a) request the Board to furnish information to the
Minister;
(b) request the Board to give the Minister access to
information; and
(c) for the purposes of paragraph (b) make use of
10 the staff of the Board to obtain the information
and furnish it to the Minister.
(3) The Board is to --
(a) comply with a request under subsection (2); and
(b) make its staff and facilities available to the
15 Minister for the purposes of subsection (2)(c).
(4) The Minister is not entitled to have information under
this section in a form that --
(a) discloses the identity of a person involved in a
complaint; or
20 (b) might enable the identity of any such person to
be ascertained,
unless that person has consented to the disclosure.
(5) In this section --
"document" includes any tape, disc or other device or
25 medium on which information is recorded or
stored mechanically, photographically,
electronically or otherwise;
"information" means information specified, or of a
description specified, by the Minister that relates
30 to the functions of the Board;
page 6
Water Services Coordination Amendment Bill 1999
s. 7
"staff" means any person whose services are the
subject of an arrangement under section 59G(1).
59G. Use of government staff, etc.
(1) The Board may by arrangement with the relevant
5 employer make use, either full-time or part-time, of the
services of any officer or employee --
(a) in the Public Service; or
(b) in a State agency or instrumentality.
(2) The Board may by arrangement with --
10 (a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be on
15 the terms agreed to by the parties.
59H. Application of Financial Administration and Audit
Act 1985
Any acts or things done by the Board under this Act or
any other written law are to be regarded --
20 (a) as services under the control of the department
for the purposes of section 52 of the Financial
Administration and Audit Act 1985; and
(b) part of the operations of the department for the
purposes of Division 13 of Part II of that Act.
page 7
Water Services Coordination Amendment Bill 1999
s. 7
Division 2 -- Regulations
59I. Definitions
In this Division and in Schedule 3 --
"plumbing work" means work of a kind specified to
5 be water supply plumbing, sanitary plumbing or
drainage plumbing;
"specified" means specified in the regulations.
59J. Regulations
Regulations may be made under section 61 for all or
10 any of the purposes, or about all or any of the matters,
set out in Schedule 3.
59K. Offences against regulations
Regulations referred to in section 59J may --
(a) create offences and provide, in respect of an
15 offence so created, for the imposition of a fine
not exceeding $5 000; and
(b) establish a scheme for the giving of
infringement notices in respect of specified
offences against the regulations, prescribe
20 modified penalties for such offences and
provide for the appointment of persons to give
infringement notices and administer that
scheme.
59L. Adoption of other laws, codes etc.
25 (1) Regulations referred to in section 59J may adopt, either
wholly or in part or with modifications --
(a) any rules, regulations, codes, or other
subsidiary legislation made, determined or
issued under any other Act or under any
30 Commonwealth Act; or
page 8
Water Services Coordination Amendment Bill 1999
s. 8
(b) any of the standards, rules, codes or
specifications of the body known as the
Standards Association of Australia or a similar
specified body.
5 (2) If any subsidiary legislation, standard, rule, code or
specification is adopted under subsection (1), it is
adopted as in force from time to time unless the
regulations specify that a particular text is adopted.
".
10 8. Sections 60A and 60B inserted
After section 60 the following sections are inserted --
"
60A. Protection from liability
(1) An action in tort does not lie against a person for
15 anything that the person has done, in good faith, in the
performance or purported performance of a function
under this Act.
(2) The Board and the Crown are also relieved of any
liability that either of them might otherwise have had
20 for another person having done anything as described
in subsection (1).
(3) The protection given by this section applies even
though the thing done as described in subsection (1)
may have been capable of being done whether or not
25 this Act had been enacted.
(4) In this section, a reference to the doing of anything
includes a reference to an omission to do anything.
page 9
Water Services Coordination Amendment Bill 1999
s. 8
60B. Confidentiality
(1) This section applies to a person who is or has been --
(a) the Coordinator;
(b) a member of the Board; or
5 (c) a person performing functions under this Act.
(2) A person to whom this section applies must not,
directly or indirectly, record, disclose or make use of
any information obtained in the course of duty
except --
10 (a) for the purpose of performing functions under
this Act;
(b) as required or allowed by this Act or under
another written law;
(c) with the written consent of the person to whom
15 the information relates; or
(d) in other prescribed circumstances.
Penalty:
(a) in the case of information to which section 56
applies, $10 000 and imprisonment for
20 12 months;
(b) in any other case, $5 000.
(3) Subsection (2) does not apply to the disclosure of any
summary or statistical information that could not
reasonably be expected to enable particulars relating to
25 any person or business to be ascertained.
".
page 10
Water Services Coordination Amendment Bill 1999
s. 9
9. Section 62 amended
Section 62(2) is amended after paragraph (b) by deleting "and"
and inserting --
"
5 (ba) the effectiveness of the operations of the Board;
(bb) the need for the continuation of the functions of
the Board; and
".
10. Schedule 3 added
10 After Schedule 2 the following Schedule is added --
"
Schedule 3 -- Purposes for which, or matters about
which, regulations may be made
[s. 59J]
15 1. The membership of the Board and the manner in which the
membership is to be determined.
2. The appointment of a chairperson and deputy chairperson of
the Board.
3. The term of office of members of the Board and the
20 circumstances in which a member of the Board may be
removed from office.
4. The appointment of alternate members of the Board.
5. The constitution and proceedings of the Board.
6. The remuneration of members of the Board and members of
25 any committee established by the Board.
page 11
Water Services Coordination Amendment Bill 1999
s. 10
7. To permit the Board to establish committees for disciplinary
or other purposes and to provide for the constitution,
practice and procedure of any such committee.
8. The licensing of plumbers, including, without limitation --
5 (a) the persons who may hold a licence;
(b) classes of licence and the plumbing work that may
be carried out under the authority of a licence of a
particular class;
(c) the qualifications, level of experience or
10 competency requirements necessary for the grant of
a licence of a particular class;
(d) the matters of which the Board must be satisfied
before granting a licence of a particular class;
(e) the issue, duration, renewal, suspension or
15 cancellation of licences;
(f) the imposition of conditions or restrictions on
licences;
(g) the keeping of a register of specified information in
respect of licences and matters relating to the
20 amendment and accuracy of the register;
(h) the manner of making a complaint against or
concerning a person who is or was the holder of a
licence, and who may make such a complaint;
(i) disciplinary matters and the regulation of the
25 practice and procedure to be followed in the
investigation of, and inquiry into, disciplinary
matters;
(j) the powers that may be exercised following the
hearing and determination of disciplinary matters,
30 including power to impose disciplinary penalties;
(k) to permit orders to be made requiring payment of
costs and expenses associated with disciplinary
page 12
Water Services Coordination Amendment Bill 1999
s. 11
proceedings, and to provide for the recovery of any
such penalties, costs or expenses;
(l) appeals against decisions of the Board or any
committee established by the Board;
5 (m) the publication in specified circumstances of
information relating to the cancellation or
suspension of a licence, and the manner of such
publication;
(n) the manner in which holders of licences may
10 advertise, display or otherwise publicize the fact
that they carry out plumbing work; and
(o) matters of a savings or transitional nature.
9. The prohibition of persons other than holders of licences
from carrying out plumbing work.
15 10. The regulation and control of plumbing work.
11. Standards to be observed in, or in connection with, the
carrying out of plumbing work.
12. The appointment or authorization of persons to inspect
plumbing work and investigate complaints in respect of
20 plumbing work, and their powers, including powers of entry,
for the purposes of such inspection or investigation.
13. Fees to be paid for or in connection with matters provided for
in the regulations and the persons liable to pay those fees.
".
25 11. Consequential amendments
(1) After section 12A(6) of the Builders' Registration Act 1939* the
following subsection is inserted --
"
(7) To avoid doubt, it is declared that a reference in this
30 section to building work includes plumbing work as
page 13
Water Services Coordination Amendment Bill 1999
s. 11
defined in section 59I of the Water Services
Coordination Act 1995.
".
[* Reprinted as at 15 April 1997.
5 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 24 and Act No. 31 of 1997.]
(2) Part 3 of Schedule V to the Constitution Acts Amendment
Act 1899* is amended by inserting after the item relating to The
Physiotherapists' Registration Board the following item --
10 "
The Plumbers Licensing Board established by the
Water Services Coordination Act 1995.
".
[* Reprinted as at 22 January 1997.
15 For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 49-50, and Acts Nos. 22 and
31 of 1997 and 4, 10, 13, 23, 30 and 65 of 1998.]
(3) Section 105(1) of the Country Areas Water Supply Act 1947* is
amended by deleting paragraphs (xx) and (xxi).
20 [* Reprinted as at 27 May 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 53, and Acts Nos. 31 and 32 of
1997 and 10 and 42 of 1998.]
(4) Section 102 of the Country Towns Sewerage Act 1948* is
25 amended by deleting paragraphs (20) and (22).
[* Reprinted as at 28 May 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, pp. 54-5, and Acts Nos. 31
of 1997 and 10 of 1998.]
page 14
Water Services Coordination Amendment Bill 1999
s. 11
(5) Section 134 of the Health Act 1911* is amended by deleting
paragraphs (10), (11) and (44).
[* Reprinted as at 11 March 1997.
For subsequent amendments see 1997 Index to Legislation of
5 Western Australia, Table 1, pp. 104-5, and Acts Nos. 31
of 1997 and 10, 15 and 62 of 1998.]
(6) Section 146(1) of the Metropolitan Water Supply, Sewerage,
and Drainage Act 1909* is amended by deleting
paragraphs (24) and (25).
10 [* Reprinted as at 29 January 1999.
(7) Section 34(3) of the Water Agencies (Powers) Act 1984* is
amended by deleting paragraphs (l) and (m) and inserting instead --
"
(l) provide for systems of notification, certification,
15 inspection and authorization of plumbing work,
as defined in section 59I of the Water Services
Coordination Act 1995, connected with or to be
connected with the Corporation's works;
".
20 [* Reprinted as at 30 April 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 246, and Acts Nos. 31 and 32
of 1997.]
(8) Section 141 of the Water Boards Act 1904* is amended by
25 deleting paragraphs (19) and (20).
[* Reprinted as at 4 November 1996.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 247, and Acts Nos. 31 of 1997
and 42 of 1998.]
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