Amendments to the Electrical Safety Act 2002
Important key amendments to the Electrical Safety Act 2002 (the Act) were passed recently by Parliament and given Assent on 9 November 2007.
The amendments were developed following extensive consultation with industry stakeholders.
All amendments take effect from 1 January 2008, except provisions obliging an employer to maintain a register of licensed electrical workers and those about information confidentiality and disclosure which take effect from 1 March 2008.
The amendments include:
- appropriate electrical work licence and register of licensed workers
- increased range of disciplinary actions
- accredited auditors
- seizure, forfeiture and return of unsafe electrical equipment
- confidentiality and disclosure of information
Other amendments include:
- clarifying the meaning of "dangerous electrical event" to remove ambiguity
- exempting a person from the requirement to hold an electrical contractor licence in a contract for the performance of work that includes electrical work, where the electrical work is intended to be sub-contracted to a licensed electrical contractor
- providing authority to regulate for a requirement for signs or other advertising material relating to the hire or sale of electrical equipment.
Further information can be found by accessing the Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2007 and Explanatory Notes (PDF, 677 KB).
Amendment details
Appropriate electrical work licence and register of licensed workers
Two provisions have been introduced which apply to an employer or self-employed person who conducts a business that includes the performance of prescribed electrical work. These amendments require the employer or self-employed person to ensure that the electrical work is performed and/or supervised by a person who holds an appropriate work licence. They also provide a new mechanism for compliance with licensing requirements through an obligation to keep and maintain a register of licensed workers, including recognition of, and changes to, licensing conditions and/or restrictions.
A complementary provision requires an electrical worker to notify the employer or self-employed person of any changes to their electrical work licence or other particulars.
Increased range of disciplinary actions
These amendments extend and clarify the range of disciplinary actions available to the Electrical Licensing Committee to include:
- disqualification from being a qualified technical person for the holder of an electrical contractor licence
- disqualification from holding an electrical work licence or electrical contractor licence or both
- a provision to ensure that, while the disqualification applies, a licence cannot be renewed or reinstated, or a new licence issued.
The disciplinary actions that may be taken against holders of electrical contractor licences that are no longer in force have been increased to be consistent with those applicable to current electrical work licence holders.
Accredited auditors
A new provision authorises the Department of Employment and Industrial Relations’ chief executive to require information from accredited auditors that shows that they continue to be appropriately qualified or continue to satisfy the conditions of office as accredited auditors. This change is consistent with the current provision regarding licence holders.
Seizure, forfeiture and return of unsafe electrical equipment
Inspectors now have the power to seize any item taken for analysis or testing that is shown to be not electrically safe.
Seized equipment may be forfeited to the State if the inspector who seized it reasonably believes it is:
- not electrically safe and the owner does not require its return, or
- returning it would be impracticable or unreasonable given its nature, condition and value.
A further section allows for return to the owner of seized electrical equipment that is not electrically safe and has not been forfeited. In returning the equipment, the inspector may, by written notice, require the owner to have the equipment repaired, altered or take other action in relation to the equipment that is reasonable in the circumstances.
Confidentiality and disclosure of information
These amendments are intended to protect information acquired in the administration of the Act. Information will only be disclosed to another Australian electrical safety agency in circumstances where electrical safety compliance or administration needs justify disclosing the information.
Last updated 21 July 2009
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