Are you across your responsibilities as a nominee?

Going on holiday or taking some leave, you need to know what your obligations are as nominee when you are absent.

Your Role as a Nominee

Under section 31 of Construction Occupations (Licensing) Act 2004 (ACT) (COLA), nominees are legally required to:

• Adequately supervise the construction services provided by the licenced corporation or partnership.
• Ensure compliance with COLA and any applicable operational Acts.

In addition to day-to-day oversight, nominees must:

• Maintain clear and ongoing communication with the business entity.
• Ensure that there are documented policies and procedures in place to support compliance and quality control (sections 28(2)(d) and 28(3)(f)).

These obligations don’t pause when you’re away. If you’re planning time off, you must take steps to manage your duties and protect both yourself and your business.

Taking Leave – What are your responsibilities?

The COLA requires that all construction work must be adequately supervised by a nominee. If you are away on holiday and unable to supervise the construction works during that time, you should:

• Work with the licenced construction company to ensure that any construction work carried out in your absence is supervised by another nominee, appointed to supervise the relevant works; or
• Suspend works until such a time as you return and will be able to continue with your supervision.

The COLA provides for the automatic suspension of a company’s building licence if it does not have a nominee available to supervise the construction works.

The company wants to continue with building works in your absence, what can you do:

If you become aware that the building company intends to continue with the works in your absence, you should take the appropriate steps to ensure you are protected from potential liability. One way to do this is to issue the company with a written document called a mandatory requirement .

This is a written instruction to your company outlining what must be done (or avoided) in order to remain compliant during your absence. For example, it may direct that certain work must not proceed without your oversight or that interim arrangements be made.

Providing this written direction:

• Demonstrates your proactive compliance as a nominee.
• Protects you from potential liability under section 31(3).
• Allows the business to appoint a temporary or replacement nominee, if necessary.

You should provide the Registrar with a copy of the mandatory requirement as soon as it is issued by you. Failing to provide this notice can expose you to penalties under the COLA, which may include the suspension of your licence.

Understanding your obligations—and taking them seriously—is not just good practice, it’s a legal requirement.

Need Help?

If you’re unsure about your obligations or need support managing nominee responsibilities, contact the MBA ACT Workplace Relations team:
Email: workplace@mba.org.au
Phone: (02) 6175 5900