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Office of Fair and Safe Work Queensland
Department of Justice and Attorney-General
Home > Electrical Safety > Electrical licensing eligibility policy > 10. Eligibility requirements for an electrical contractor licence > Qualified persons

Qualified persons

Depending on the structure of the business, a qualified person must be an individual who has the following relationship to the applicant: (s.7(3) ESR 2002).

Individual

An employee of the individual

Partnership

A member or an employee of the partnership

Corporation

An executive officer, member or an employee of the corporation.

To become a qualified person an individual must satisfy the chief executive that they are fit and proper (s.7(1)(a) and s.7(2)(a)). The chief executive may only consider the standard of honesty and integrity demonstrated by the person in commercial and other activities in which the person has been involved; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure (s.7(4)).

Note that despite s.7(4), a person who is an individual is not a fit and proper person to be a qualified technical person if the individual is disqualified from being a qualified technical person for the holder of an electrical contractor licence, because of disciplinary action taken by the licensing committee (s.7(5)).

Considerations by the chief executive

QTP/QBPs are required to declare that they are 'fit and proper' on the application form. The following factors may be taken into consideration when deciding whether a person is fit and proper:

  • previous licensing disciplinary action i.e. reprimand, suspension, cancellation of licence, or disqualification from being a qualified technical person for the holder of an electrical contractor licence;
  • seriousness of breaches of commercial or statutory obligations and the actual or potential consequence;
  • history of bankruptcy;
  • timing of previous disciplinary action or non-compliance; and
  • remedial action taken by the applicant to address any of the above events.

Instances of nominated qualified persons involved in previous disciplinary action should be referred to the Principal Licensing Officer for a decision. The Principal Licensing Officer will document details of the decision.

Qualified Business Person

Section 7(1) of the ESR 2002 defines a qualified business person as an individual who:

  1. is a fit and proper person (as above); and
  2. is competent to perform the business aspects of performing electrical work as, or for, a licensed electrical contractor; and
  3. either -
    1. has satisfactorily finished a course of instruction, or an examination required by the chief executive, on business aspects of performing electrical work; or
    2. has been operating a business for a period of, or periods totalling five years

Standard to satisfy the chief executive

Evidence the nominated QBP has been a QBP on a Queensland electrical contractor licence within the last five years;

OR

Evidence the nominated QBP is the person endorsed on a non-Queensland electrical contractor licence as the person competent to perform the business aspects of electrical work;

OR

Qualification, statement of attainment or certificate signed by registered training organisation within the previous five years for:

  • BSBSBM401A – Establish business and legal requirements; or
  • BSB40401 – Certificate IV in Business (Small Business Management); or
  • CNQ35C – Electrical contractor management skills or
  • CNQ35E – Electrical contractor management skills (Parts 2 & 3);

OR

Qualification, statement of attainment or certificate signed by registered training organisation within the previous five years for:

EA102 – Establishing a contracting business; and
EA103 – General legislative requirements; and
EA105 – Financing and controlling;

OR

Evidence of another appropriate business qualification* with equivalent learning outcomes in business management, financial management, and legislative frameworks, such as a business diploma or accounting degree;  

OR

Evidence of operating a business for a period of, or periods totalling, five years, such as: tax returns for a self-employed person or completed statutory declarations from an accountant, employer, or other applicable business officer.

*Business qualifications will be considered to have a currency of five years from date of issue. Outside of this period the QBP will be required to demonstrate skills maintenance through:

Qualified Technical Person

Section 7(2) of the ESR 2002 defines a qualified technical person as an individual who:

  1. is a fit and proper person (as above); and
  2. either:
    1. if the electrical work to be performed by the licensed electrical contractor may be performed only by the holder of an electrical work licence – has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds, an electrical work license; or
    2. has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds an external contracting authority; and

Considerations by the chief executive

All applications for a shorter period will be considered on a case by case basis by the Principal Licensing Officer. The following factors may be taken into consideration when deciding whether a shorter period is acceptable:

  • the scope of electrical work to be performed (for example, contracting work that is limited to the maintenance of electrical equipment)
  • provision of a written statement, verified by a suitably qualified licensed person, of the person's experience and competence in performing the scope of electrical work
  • the person's previous experience in the electrical industry
  • the person's relevant experience within the last five years as an inspector appointed under the Act 

The Principal Licensing Officer will document details of the decision.

Examples of matters for which the Principal Licensing Officer has exercised this discretion include the following:

  • Evidence of holding an equivalent interstate or New Zealand electrical licence (External Licence as per Schedule 1 of ESR 2002) for not less than 12 months. Where the External Licence is the external equivalent of an electrical mechanic licence and has been held for five years or longer the person would need to have completed course 39093 QLD, or wait the 12 months.
  • Evidence of being authorised for a period not less than three years to perform relevant electrical work in a country other than Australia or New Zealand and being qualified to perform the scope of work under an Authority, Scheme or Regulation of the country in which the work was performed. Where the work was performed more than five years before the application date the person would need to have completed course 39093 QLD, or wait the 12 months. For example, all the electrical mechanics arriving from these countries would have an ARTC and most would have completed course 39093 QLD to get a completion statement from the SRTO to obtain a Queensland electrical work licence.
    Documents to satisfy this requirement include but are not limited to:
    • Applicable sections of the appropriate Legislation/Regulation from that Country
    • Licence, qualification, competency or authority that authorises the performance of the scope of work in that Country
  • Evidence of 12 months experience being a supervisor on a Queensland BSA Refrigeration A/C licence and holding a Certificate III Qualification (or equivalent) and a restricted electrical licence for Refrigeration and Air-conditioning.
  1. is competent to perform electrical work as, or for, a licensed electrical contractor; and
  2. has satisfactorily finished a course of instruction, or an examination required by the chief executive, on technical aspects of performing electrical work.

Standard to satisfy the chief executive

Current electrical work licence relevant to the type of work to be carried out by the business; or if a electrical work licence is not required, evidence the person is competent to perform the electrical work, such as an electrical engineering degree, or statement of attainment issued by a registered training organisation within the last five years for UEENEEP008A 'Conduct in-service safety testing of electrical cord assemblies and cord connected equipment', or 30239QLD 'Conduct in-service safety inspection and testing of electrical equipment (other than fixed wired equipment)' or equivalent;

AND

Evidence the nominated QTP has been a QTP on a Queensland electrical contractor licence as the person competent to perform electrical work within the last five years;

OR

Evidence the nominated QTP is the person endorsed on a non-Queensland electrical contractor licence as the person competent to perform electrical work;

OR

Evidence the nominated QTP has relevant experience within the last five years as an inspector appointed under the Act;

OR

Qualification, statement of attainment or certificate issued by a RTO and dated within the previous five years for:

CNQ35E – Part 2; or
EA103 – General Legislative Requirements;

AND

For businesses applying to conduct electrical installation work if the nominated QTP's work licence was issued for the first time more than five years prior, evidence the QTP has relevant experience within the last five years as an inspector appointed under the Act, or a statement of attainment issued by a RTO and dated within the previous five years for:

QEE010 – Electrical Requirements; or
39093QLD Electrical installations inspection and testing.

Where the qualified technical person and qualified business person is the same person they are required to satisfy both sets of requirements.

Last updated 22 July 2009