Changes to the Electrical Safety Regulation 2002 from 1 July 2008
A number of changes to the Electrical Safety Regulation 2002 (the Regulation) become effective from 1 July 2008.
The amendments aim to improve the administration of electrical safety in a number of areas including licensing, performance of live work, approval of electrical equipment and testing of electrical installations. The changes relate to:
- Meaning of qualified business person and qualified technical person (s.7)
- Requirements for performance of live work (s.12)
- Eligibility requirements for electrical licences (ss.34-38)
- Meaning of relevant standard (s.97)
- Disconnection and reconnection of low voltage electrical installation (s.155)
- New on-the-spot fines in the State Penalties Enforcement Regulation 2000
Minor amendments have also been made to:
- Definitions for Part 5, Division 5 (Section 83)
- Clarification of applicable fees (Sections 167 and 168)
- Definitions for Part 13, Division 1 (Section 204)
- Update of Schedule 3 Prescribed classes of electrical equipment and relevant standards
- Update of Schedule 6A Prescribed workplaces
- Update of Schedule 7 Fees
- Update of Schedule 9 Dictionary
The full details of the amendments are available in the Electrical Safety and Another Regulation Amendment Regulation No.1 2008.
Meaning of qualified business person and qualified technical person (s.7)
This amendment was needed to reflect recent changes to disciplinary provisions of the Electrical Safety Act 2002 (the Act). This amendment provides that a person who is disqualified from performing licensed electrical work because of disciplinary action taken by the licensing committee is not a fit and proper person to be a qualified technical person for the purposes of an electrical contractor licence.
Requirements for performance of live work (s.12)
This amendment removes inconsistency between legislative requirements and those practices required for certain live work, including testing, under specific circumstances. The amendment provides that a person who is performing live work must observe the requirements of section 12(1)(h) relating to the isolation point of the electricity supply for the electrical equipment to be worked on, unless they are performing exempt electrical work.
‘Exempt electrical work’ is defined as electric line work; or prescribed electrical work on a consumer’s electrical installation where the isolation point of the electrical supply for the installation is not reasonably accessible from the place where the electrical work is carried out.
Eligibility requirements for electrical licences (ss.34-38)
Amendments have been made to relevant licensing provisions to reflect the recent changes to immigration arrangements to provide for the assessment of skilled migrants offshore rather than waiting untill they arrive in Australia.
This amendment clarifies that a relevant qualification for these licences will now include a certificate issued by a relevant assessing authority stating that the holder’s skills are suitable for the occupation of the appropriate licence holder.
The relevant assessing authority is as approved under the Migration Regulations 1994 (Cwlth). This relevant qualification fulfils part of the requirements for obtaining the relevant licence for an electrical work licence. The amendment applies to the licensing requirements for electrical mechanics, electrical linespersons, electrical fitters, electrical jointers and restricted electrical workers.
Meaning of relevant standard (s.97)
This amendment addresses the emerging issue of electrical equipment manufactured overseas being submitted for approval to international standards which are equivalent, or superior, to recognised Australian standards, but which are not listed in Schedule 3 of the Regulation. The amendment now allows discretionary approval of alternative standards by the chief executive. The relevant schedule (Schedule 3) has also been comprehensively updated to reflect current and alternative standards for electrical equipment approvals.
Disconnection and reconnection of low voltage electrical installation (s.155)
This amendment clarifies the requirements with respect to testing requirements when reconnecting after a disconnection to eliminate an exclusion zone, when no actual electrical work was performed. The amendment now requires that if a defined eligible person, or another person acting on their behalf, has performed electrical work on the installation then they must test to ensure the installation is safe to connect to the source. Otherwise, if no electrical work was performed, they must carry out a visual inspection of the relevant part of the installation to ensure that the installation has no serious defects. In this latter case, there is no requirement to test.
New on-the-spot fines in the State Penalties Enforcement Regulation 2000
This amendment regulation proposes three new on-the-spot fines, relating to new provisions introduced in the Act in October 2007. The on-the-spot fines will be used by electrical safety inspectors to secure compliance with the legislation.
The on-the-spot fines relate to breaches of the following existing sections of the Act and the Regulation:
- failure by an electrical work licence holder who performs or supervises electrical work to comply with all conditions and restrictions of the licence
- failure by an electrical contractor licence holder who performs electrical work to comply with all conditions and restrictions of the licence (ss. 57(1) and (2) of the Act)
- failure to test to ensure an electrical installation is safe before connecting to a source of electricity where electrical work has been performed or failure to perform visual inspection of part of an electrical installation to ensure there are no serious defects (s.155(4) of the Regulation).
Minor amendments
Definitions for Part 5, Division 5 (Section 83)
This amends the term ‘portable outlet device’ to ‘electrical portable outlet device’ to maintain consistency with the relevant standard.
Clarification of applicable fees (Sections 167 and 168)
These clarify the payment of the fee payable on application for appointment as an accredited auditor, and refund of the administration component of the fee if an application is refused or withdrawn.
Definitions for Part 13, Division 1 (Section 204)
This updates the definition of ‘total contribution amount’ to insert the relevant amount for the 2008/09 financial year.
Update of Schedule 3 Prescribed classes of electrical equipment and relevant standards
Schedule 3 has been comprehensively updated to reflect current and alternative standards for electrical equipment approvals under sections 96 and 97 of the Regulation.
Update of Schedule 6A Prescribed workplaces
This reflects the current edition of ANZSIC by replacing existing 1993 edition ANZSIC references in the Schedule with 2006 edition ANZSIC references.
Update of Schedule 7 Fees
This updates the fees schedule to reflect the Government’s approved Consumer Price Increase figures.
Update of Schedule 9 Dictionary
These amendments:
- redefine the term ‘portable outlet device’ to maintain consistency with the relevant standard; and
- insert the term ‘relevant assessing authority’ in connection with assessing skilled migrants off shore for the purposes of eligibility requirements for electrical licences.
Last updated 6 August 2008