Nominated Practitioner Requirements for Tasmanian Building Companies

What it is

Tasmanian company building practitioner registrations under the Occupational Licensing Act 2005 (Tas) require at least one nominated licensed practitioner. The nominated practitioner holds an individual practitioner licence in the relevant class and is personally responsible for the work.

The Building Practitioners Board is the licensing authority. Consumer, Building and Occupational Services (CBOS) administers the framework.

The nominated practitioner role

A nominated practitioner holds an individual licence in the same class as the company's registration. For a company registered as a residential builder, the nominated practitioner must hold an individual residential builder licence.

The practitioner certifies personal responsibility for the technical direction of the work and for compliance with the Building Act 2016 (Tas), the Residential Building Work Contracts and Dispute Resolution Act 2016 (Tas) and the National Construction Code as adopted in Tasmania.

Company registration structure

Tasmanian company builder registration operates on a two-tier structure similar to WA and QLD:

• the company holds the practitioner registration
• one or more directors hold individual practitioner licences

Every prescribed residential building work contract entered by the company must reference the practitioner director's individual licence. Losing the practitioner without a replacement puts the company registration at risk.

The Building Practitioners Board framework

The Building Practitioners Board issues both individual and company practitioner licences and handles disciplinary matters. Applications, renewals, changes of nominee and complaints all run through the Board.

Section 4 of the Occupational Licensing Act 2005 sets the framework for licence conditions, and the Determination on Mandatory Contract Provisions requires every residential building work contract to identify the responsible practitioner.

Notification of change

The Building Practitioners Board requires notification of any change to the nominated practitioner within a prescribed period. The specific period is set by regulation and Board guidance. Failure to notify or to nominate a replacement is grounds for licence conditions, suspension or cancellation.

Sole trader registration

For a sole trader building practitioner, the individual is both the licensee and effectively the nominated practitioner. The individual must hold the class covering the work being done.

Section 62 TASCAT enforcement

TASCAT under section 62 of the RBWC Act 2016 (Tas) can make orders against companies and their practitioners for money, damages, rectification, or declaration of unjust contract terms. Section 62(2) gives TASCAT broad remedial powers regardless of the practitioner nomination status.

Consequences of unlicensed work

Prescribed building services work carried out by a company without a nominated licensed practitioner exposes the company to:

• offence proceedings under the Occupational Licensing Act 2005
• disciplinary action by the Building Practitioners Board
• possible contract enforceability issues under general illegality principles
• TASCAT orders under section 62 of the RBWC Act 2016

How Tasmania compares

Tasmania's nominated practitioner framework aligns with QLD Schedule 1A, NSW section 25 HBA and WA Nominated Supervisor frameworks. The distinctive Tasmanian feature is the Building Practitioners Board as a dedicated licensing body (rather than a general regulator) and the absence of compulsory home warranty insurance means the practitioner licence framework carries more weight as consumer protection.

TradeForm TAS templates highlight the nominated practitioner requirement and the Board's disciplinary framework.