Statutory licensing regimes commonly make use of both specific eligibility requirements, like completion of a particular training course, and a fit and proper person eligibility requirement (or something similar, like a ‘good character’ requirement).

The ‘words fit and proper person’ generally don’t have any fixed meaning but serve as a catch-all for any other relevant consideration upon which a decision maker might base a decision to refuse a licence application.

For the initial grant of any type of licence under the Electricity (Licensing) Regulations 1991, the Electrical Licensing Board must be satisfied that an applicant is a fit and proper person to be licensed.  In considering this, the Electrical Licensing Board may require an applicant to provide whatever information it considers necessary.

After initial licensing, a person’s fitness and propriety remains an ongoing concern and is a ground upon which the Director of Energy Safety may commence disciplinary proceedings.  That is, if circumstances come to the Director of Energy Safety’s attention which cause them to form the view that a licence holder is no longer a fit and proper person to be licensed, the Director of Energy Safety may commence disciplinary proceedings against that person before the State Administrative Tribunal.  Proceedings before the State Administrative Tribunal are like informal court proceedings where both the Director of Energy Safety and the licence holder concerned are able to present their arguments.  If the State Administrative Tribunal agrees with the Director of Energy Safety’s view, it may impose a disciplinary outcome against the licence holder.  Disciplinary outcomes include, but are not limited to, the cancellation or suspension of a licence and the imposition of conditions and/or restriction on a licence.

Circumstances where a person may not be considered as a fit and proper person to hold an electrician’s licence include:

• a history of serious or repeat offending under or non-compliance with the Electricity (Licensing) Regulations 1991;
• a history of serious or repeat offending under or non-compliance with the Work Health and Safety Act 2020 and/or its predecessor (the Occupational Health and Safety Act 1984);
• a history of serious or repeat offending under or non-compliance with the electrical safety and/or work health and safety laws of another jurisdiction (this might include cancellation of an equivalent licence in another jurisdiction);
• a history of serious or repeat criminal offending;
• suffering from any condition or disability that might impair a person’s ability to safely perform electrical work; and
• a lack of English language proficiency (this can be a contentious factor however English is the language in which the safety laws and prescribed technical standards are written, compliance with these laws and standards, and the making of declarations regarding such compliance, requires a person to be able to comprehend these laws and standards).

Circumstances where a person may not be considered as a fit and proper person to hold an electrical contractor’s licence include:

• a history of serious or repeat offending under or non-compliance with the Electricity (Licensing) Regulations 1991;
• a history of serious or repeat offending under or non-compliance with the Work Health and Safety Act 2020 and/or its predecessor (the Occupational Health and Safety Act 1984);
• a history of serious or repeat offending under or non-compliance with the electrical safety and/or work health and safety laws of another jurisdiction (this might include cancellation of an equivalent licence in another jurisdiction);
• a history of serious or repeat criminal offending;
• a history of dishonesty, particularly with regard to dealings with consumers;
• a history of bankruptcy or insolvency in respect of which employees or consumers have suffered significant financial detriment (e.g. unpaid work entitlements); and
• a history of serious or repeat offending under or non-compliance with industrial laws.

The circumstances detailed above are indicative and are by no means intended to be an authoritative or exhaustive list of relevant circumstances.  Further, what consideration is given to such circumstances, and how those circumstances are weighed against other circumstances, is ultimately for the Electrical Licensing Board to determine in the case of initial licensing and for the State Administrative Tribunal to determine in the case of disciplinary proceedings.

The only time that a licence holder’s fitness and propriety to be licensed is actively considered is immediately prior to their initial licensing by the Electrical Licensing Board.

The capacity to commence disciplinary action against a licence holder during the term of their licence, on account of no longer being a fit and proper person to be licensed, is a valuable tool however it is rarely used as it requires the Director of Energy Safety to have knowledge of the relevant circumstances.  Whilst the Director of Energy Safety has clear visibility over some relevant circumstances (e.g. offending under the Electricity (Licensing) Regulations 1991), they lack it over others relevant circumstances (e.g. serious criminal offending).  This lack of visibility has resulted in the situation where licence holders, who may no longer be fit and proper persons to be licensed, are able to maintain and renew their licences.  This can place the public, customers and the workers or co-workers of such licence holders at unnecessary risk.

This issue was highlighted in a recent case, where a person was engaged to perform electrical work in someone’s home.  Whilst in the customer’s home, this person committed a serious criminal offence for which they were later convicted.  The Director of Energy Safety was entirely unaware of these events.  Sometime later, this person applied for a licence under a different statutory licensing regime.  In support of that application, they provided a national police certificate which detailed their conviction.  The licensing authority for this other statutory regime provided this highly relevant piece of information to the Director of Energy Safety.  Had this person never applied for this other licence, the Director of Energy Safety would not have known about this person’s conviction and this person would likely still be licensed under the Electricity (Licensing) Regulations 1991. 

Given the experience of the Department of Energy, Mines, Industry Regulation and Safety in relation to the other statutory licensing regimes which it administers, and the fact that there are more than 50,000 licence currently issued under the Electricity (Licensing) Regulations 1991, it is unlikely that the above example is an isolated case.

Other statutory licensing regimes which make use of a fit and proper person eligibility requirement generally provide for the periodic assessment of a licence holder’s fitness and propriety.  This is achieved by making licence renewal conditional upon a licence holder continuing to be a fit and proper person to be licensed and by requiring that licence holder to provide supporting evidence (e.g. a national police certificate).  For examples, see:

• the Building Services (Registration) Act 2011 s.17;
• the Plumbers Licensing and Plumbing Standards Regulations 2000 r.20; or
• the Architects Act 2004 s.36 and the Architects Regulations 2005 r.12;

The builders’ licensing regime further requires licence holders to notify the regulator of any circumstances that may affect a person’s eligibility to continue to be licensed.

Two options for ensuring more active consideration of licence holders’ ongoing fitness and propriety are provided for feedback.

Option No.1 – Treat it as a requirement for licence renewal

This option would see the Electricity (Licensing) Regulations 1991 amended to:

• provide that the Electrical Licensing Board may only renew a licence, on its existing terms, if the Electrical Licensing Board is satisfied that the applicant is a fit and proper person to be so licensed;
• provide that where the Electrical Licensing Board is not satisfied that a person is a fit and proper person to have their licence renewed, on its existing terms, the Electrical Licensing Board may either refuse to renew the licence or renew the licence subject to such conditions and/or restrictions as it considers fit;
• provide that the an applicant for licence renewal is required to provide whatever information the Electrical Licensing Board considers necessary to be satisfied that an applicant is a fit and proper person to have their licence renewed;
• provide that a person dissatisfied with a decision of the Electrical Licensing Board may seek to have that decision reviewed by the State Administrative Tribunal; and
• oblige licence holders to notify the Director of Energy Safety, as soon as is practicable, if the licence holder is found guilty of any offence under any Australian law for which the maximum fine applicable is at least $10,000 or for which a custodial sentence may be ordered.

The ability to impose conditions and/or restrictions, as opposed to refusing to renew a person’s licence, might allow the Electrical Licensing Board to manage risks associated with a given licence holder whilst not entirely depriving that person of their ability to earn a living.  This would also provide the Electrical Licensing Board the same flexibility as is given to the State Administrative Tribunal for dealing with disciplinary matters.

The ability to have an Electrical Licensing Board decision reviewed by the State Administrative Tribunal is viewed as generally beneficial as, at present, the only avenue for review is the Supreme Court of Western Australia and its review powers are relatively narrow.  Also, review before the Supreme Court of Western Australia can be relatively expensive and slow.

Option No.2 – Treat it as a disciplinary matter with information to be provided at time of licence renewal

This option would see the Electricity (Licensing) Regulations 1991 amended to:

• provide that the Electrical Licensing Board may only renew a licence if the application is accompanied by such information as is required by the Director of Energy Safety regarding the applicant’s fitness and propriety to be licensed; and
• oblige licence holders to notify the Director of Energy Safety, as soon as is practicable, if the licence holder is found guilty of any offence under any Australian law for which the maximum fine applicable is at least $10,000 or for which a custodial sentence may be ordered.

Under this approach, the assessment of a renewal application would be separate from any consideration of a person’s ongoing fitness and propriety to be licensed.  Where any information appeared to be of possible relevance to a person’s ongoing fitness and propriety to be licensed, it would be referred to the Director of Energy Safety.  The Director of Energy Safety would then consider the information in the context of their ability to commence disciplinary proceedings before the State Administrative Tribunal.

This approach would see any potential complicating factors kept separate from the licence renewal process and would arguably result in greater consistency of outcomes.  Under Option No.1, matters identified between licence renewals would be determined by the State Administrative Tribunal and matters identified at licence renewal would be determined by the Electrical Licensing Board.  Under Option No.2, all matters identified after initial licensing would be determined by the State Administrative Tribunal.

How the Electrical Licensing Board satisfies itself that an applicant is a fit and proper person to be licensed is a matter within its own discretion (subject to reasonable limits).  At present, the Electrical Licensing Board accepts statutory declarations from applicants as its default means of gathering relevant information.  This does not have any direct cost.

Other statutory licensing regimes, that the Department of Energy, Mines, Industry Regulation and Safety administers, generally require licence applicants to provide a national police certificate.  The Electrical Licensing Board may eventually follow suit as national police certificates are an authoritative source of information where statutory declarations are not.  A national police certificate currently costs $58.70.

If national police certificates were to be required in relation to either of the options outlined above, licence holders would incur this additional cost every licence renewal cycle (normally five years).

Further, new licence renewal requirements will increase the time taken to process and review applications.  Whilst this may not amount to much at the level of individual applications, it is more substantial in aggregate (i.e. in the 2021 calendar year, 14,065 electrical licence renewal applications were handled).  This means, it is likely that the cost of additional resources required would need to be met by increased licence application fees.

It is not anticipated that any amendments to the Electricity (Licensing) Regulations 1991 would take place until mid-2023 at the very earliest.  An appropriate transition period would also be included with any amendments.

Apprentices

There are a number of eligibility pathways for obtaining an electrician’s licence.  The eligibility pathway most commonly used involves a person completing:

• a Certificate III in Electrotechnology Electrician; and
• a four-year apprenticeship as an electrician.

The Certificate III in Electrotechnology Electrician historically classified CPR and LVR training as elective units.  This changed with the most recent release of the electrotechnology training package in which CPR and LVR modules have been reclassified as core units.  The new release was published on 4 October 2020 and the transition period for its implementation runs until 5 October 2022.  As a consequence of this change, all newly qualified electricians will have completed CPR and LVR training.

Safety spotters

The Code of Practice for persons working on or near energised electrical installations is called up under the Electricity (Licensing) Regulation 1991 and provides that, in the limited circumstances where it is permissible to carry out electrical work on or near an energised electrical installation, a safety spotter must observe the work.  This document goes on to provide that for a person to serve as a safety spotter they must, amongst other things, have “been assessed in the previous 12 months as competent to rescue and resuscitate a person”.

Work health and safety laws

The Work Health and Safety Act 2020 and the Work Health and Safety (General) Regulations 2022, like their predecessors, impose substantial duties on persons, conducting a business or undertaking, to manage the health and safety risks, and specifically the electrical risks, associated with their workplaces and businesses.

Industry participants have noted that most employers have sought to meet these duties, in part, by ensuring their staff are trained in CPR, LVR and first-aid and that their staff undertake periodic refresher training.  It has been suggested that this is largely reflective of medium-to-large businesses but that the level of training is more variable with smaller businesses.

The requirements of all Australian jurisdictions roughly align with those of Western Australia when it comes to safety spotters and general work health and safety laws.

With respect to electrical licensing, three States incorporate CPR training into their regimes, though do so in different ways:

• In Queensland, CPR training is an eligibility requirement for all classes of electrical workers’ licence both for initial licensing and for licence renewal.  Such training must be completed within 12 months prior to a licence application being made.  This training requirement can be waived if a person is able to demonstrate that they have a medical condition that prevents them from performing CPR, however that person’s licence is then endorsed with a condition stating that they cannot act in roles where CPR competency is a requirement (such as being a safety spotter);
• In Victoria, there is a separate registration required for a person serving as a safety spotter.  One of the eligibility requirements of this registration is having completed CPR training; and
• In Tasmania, there is a continuous professional development scheme that licensed electrical workers and contractors must comply with in order to maintain their licences.  A licence holder may select from an array of relevant courses and development activities to accrue the required number of continuing professional development points.  One of the courses available for licensed electrical workers and contractors is a first-aid course of which CPR training is a substantial element.

It is proposed that holders of electrician’s licences be required to be trained in CPR and LVR to the same standard as an apprentice who has completed their Certificate III in Electrotechnology Electrician (under the new revision) and that they undertake periodic training to maintain these skills.

With regard to how this is to be achieved, two different options are proposed for feedback.

Option No.1 – licence renewal based approach

This option would see the Electricity (Licensing) Regulations 1991 amended to:

• require the holder of an electrician’s licence to complete approved CPR and LVR training within an 18 month period prior to their licence renewal application;
• provide that CPR and/or LVR training requirements may be waived by the Electrical Licensing Board where it is satisfied that a person has a medical condition peventing them for performing CPR and/or LVR; and
• provide that in the event that the holder of an electrician’s licence applies to renew their licence without having satisfied the CPR and/or LVR training requirements, and has not obtained a waiver from the Electrical Licensing Board for that training, the Electrical Licensing Board may either:
  • renew that person’s licence for a one year period; or
  • refuse to renew the licence.

The one year renewal discretion is intended to provide a more flexible approach than strictly linking completion of CPR and LVR training to licence renewal.  If, in the first instance, a person has failed to complete the required training, the Electrical Licensing Board would renew that person’s licence for a one year period. When renewing their licence after the one year period, if a person has still not completed the required training, the Electrical Licensing Board would, except in extenuating circumstances, refuse to renew the person’s licence.

Option No.2 – Offence based approach

This would see the Electricity (Licensing) Regulations 1991 amended to:

• require the holder of an electrician’s licence to complete CPR and LVR training at a set interval. 
• require the holder of an electrician’s licence to:
  • retain evidence of having completed CPR and LVR training and provide that evidence to the Director of Energy Safety within a specified time upon request; or
  • upload evidence of having completed CPR and LVR training into a centralised electronic database by a set date;
• provide that CPR and/or LVR training requirements may be waived by the Director of Energy Safety where they are satisfied that a person has a medical condition that prevents them for performing CPR and/or LVR.

Not being linked to the licence renewal cycle, this option would allow for the training interval to be set at whatever period is thought appropriate (i.e. once a year, once every two years, once every five years, etc.).

Given that there are approximated 35,000 electrician’s licences issued under the Electricity (Licensing) Regulations 1991, non-compliance would have to be primarily managed through the issue of infringement notices.  To prevent people from opting into the fine for non-compliance, the associated infringement notice fine would have to be significant (e.g. $1,000).

Combined CPR and LVR training courses are currently available through a number of training providers at a cost of between $120 and $150 per person.

Combined training courses appear to run for between 4.5 and 6 hours.  Assuming that the time taken to complete a training course is time which an electrician would otherwise be gainfully employed and that the median hourly wage for an electrician is $50 an hour, this represents lost earnings of between $225 and $300 per person per licence renewal cycle (Option No.1) or per training interval (Option No.2).

If CPR and LVR training requirements are to be managed through a licence renewal based approach, this adds time to the application handling and review processes.  Whilst this time may not amount to much at the level of individual applications, it is more substantial in aggregate (i.e. in the 2021 calendar year, 7,435 electrician licence renewal applications were handled).  This means that it is likely that the cost of additional resources required would need to be met by increased licence application fees.

If CPR and LVR training requirement are to be managed through an offence based approach, a substantial compliance and administrative burden would be created for the Department of Energy, Mines, Industry Regulation and Safety (DMIRS).  It is unclear whether this could be adequately funded out of fines receipts.  To the extent that fines receipts were inadequate, or could not be accessed for whatever reason, an increases in licence registration fees might be required.

It is not anticipated that any amendments to the Electricity (Licensing) Regulations 1991 would take place until mid-2023 at the very earliest.  An appropriate transition period would also be included with any amendments.

Differing forms of mandatory continuous professional development operate in Queensland, Tasmania, and Victoria.  The Department of Energy, Mines, Industry Regulation and Safety is monitoring the rollout of Victoria’s continuing professional development regime (which is practically based and incorporates attendance of both skill maintenance and development courses) as this closely resembles the model which peak bodies have advocated for in Western Australia.

The Department of Energy, Mines, Industry Regulation and Safety will separately consult with industry prior to any decisions being made concerning the adoption of broader continuing professional development requirements in the Electricity (Licensing) Regulations 1991.