Members are reminded that a company or partnership that holds a building licence must have a written record of policies and procedures for effectively managing and supervising the nominee and the corporation’s or partnership’s obligations under the licence, including arrangements for communicating regularly with the nominee in relation to the construction services provided by the corporation or partnership. Members should note that this is not a new requirement and has been in effect since 9 June 2020.
This is a requirement under sections 28(2)(d) and 28(3)(f) of the Construction Occupations (Licensing) Act 2004 (ACT) noting that a failure to comply may result in disciplinary action by the Building and Construction Occupations Registrar.
You can view a message from the Construction Occupations Registrar about Corporation and Partnership eligibility requirements here.
To assist members, a copy of a draft template Nominee Policy can be found here. This document is a general guide only and should be prepared in consultation with the nominee/s and tailored to suit the company or partnership’s operations. A copy of the ACT Government’s guide for nominees of a corporation which details the responsibilities of a nominee can be found here.
Please contact the Workplace Relations and Legal Team on (02) 6175 5900 if you have any queries relating to the nominee policy requirements.