Nominees under the Construction Occupations Licensing Act 2004 (ACT)
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The roles and responsibilities of nominees for a corporation or partnership are clearly defined in the Construction Occupations (Licensing) Act 2004 (ACT) (‘COLA’). A nominee must be appointed for each construction service the entity provides and the entity must have a written record of policies and procedures for effectively managing and supervising the nominee as well as it’s respective role and obligations.
Specifically, the role of the nominee is:
- To supervise the relevant construction services they have been engaged for;
- To ensure that the relevant construction services comply with the COLA and other operational acts, such as the Building Act 2006 (ACT); and
- To ensure oversight of the relevant construction services, including where necessary to direct performance to ensure that the services comply with the COLA and other operational acts.
There are a number of common queries, such as dealing with non-compliant services, being on-site every day, and what to do if you don’t want to be a nominee, set out in the ‘Construction Occupations Licensing Guide for Nominees of a corporation or partnership.’
If you have queries about what it means to be a nominee or you require assistance in preparing your written record of policies and procedures for managing your nominee/s, reach out to the Workplace Relations and Legal team on 6175 5900.
