Changes to designations and delegations for 2020 and beyond
Explanation of changes to designations and delegations for gas inspectors
What changes have been made?
The Department of Mines, Industry Regulation & Safety - Building & Energy Division has developed standard form instruments for:
- designation of Gas Inspectors under the Energy Coordination Act 1994; and
- delegation by the Director of Energy Safety under the Gas Standards Act 1972 for the approval of gas appliances.
In some cases, these instruments will be different to those that were previously issued to Gas Inspectors.
The designation instruments are a prescribed form under the Energy Coordination (General) Regulations 1995. It is a legal requirement for the instruments to be in the prescribed form. This has required some changes to be made compared to designations that have been issued in the past.
All of the powers of inspection given to a Gas Inspector are now listed under the heading “Powers of inspection that may be exercised”. Some instruments previously listed these powers under a separate heading after the Director’s signature although the prescribed form did not provide for this separate heading.
Limitations/restrictions have been standardised depending on whether the Gas Inspector is to be authorised to inspect/approve Type A appliances, Type B appliances, or Consumer Gas Installations, or some combination of those.
Why have the changes been made?
Over time, different versions of both the designation and delegation instruments have been used, which have not always been consistent in terms of drafting as well as what powers and limitations/restrictions appear on the instrument.
It is important that a single, consistent approach to these instruments is adopted to promote and ensure that all inspectors have the appropriate powers for the types of inspections or approval they are undertaking, and to ensure a properly and consistently regulated industry.
Has legal advice been obtained in making these changes?
The new instruments have been drafted by the Department’s Legal Services Directorate, which has extensive experience and expertise in drafting a range of similar statutory instruments across the Department’s operations.
The Legal Services Directorate had regard to relevant past advice of the State Solicitor’s Office in producing the standardised instruments.
More information can be found in the Department’s Code of Practice for Inspectors (Gas).
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