Local Government (Qualification of Municipal Officers) Regulations 1984 (WA)
Western Australia
Local Government (Miscellaneous Provisions) Act 1960 2
These regulations were repealed by the
Western Australia
Western Australia
Local Government (Miscellaneous Provisions) Act 1960 2Local Government (Miscellaneous Provisions) Act 1960
These regulations may be cited as the
In these regulations, unless the contrary intention appears —
A local government for a district the population of which, during the preceding year, was in excess of 15 000 persons shall not appoint a person to the office of building surveyor unless the appointee holds a certificate of qualification, in respect of the office of building surveyor, issued pursuant to these regulations.
The Municipal Building Surveyors Examination Committee constituted in accordance with the Act and the repealed regulations shall be continued in existence under the name of “the Municipal Building Surveyors Qualifications Committee”.
(1) The Municipal Building Surveyors Qualifications Committee shall consist of 6 members who shall be appointed by the Minister from time to time and shall be —
(a) the CEO, or an officer of the Department nominated by him, and the CEO or, as the case may be, the officer, shall be the chairman;
(b) a person who is a member of a council, nominated by the Western Australian Local Government Association constituted under section 9.58 of the Act;
(c) a person who is a practising architect nominated by the Royal Australian Institute of Architects;
(d) a person who is a member of the academic staff of the Curtin University of Technology, nominated by the Pro‑Chancellor of that University;
(e) a person who is an officer of the Department principally assisting the Minister responsible for the administration of the
Vocational Education and Training Act 1996 , nominated by the Chief Executive Officer of that Department;(f) a person who is a practising building surveyor.
(2) The Municipal Building Surveyors Qualifications Committee shall issue certificates of qualification in respect of building surveyors in accordance with the provisions of these regulations, and shall at all times as and when required carry out and exercise all such other duties and powers imposed or conferred on the Committee by these regulations.
(1) Where the Municipal Building Surveyors Qualifications Committee is satisfied that a person —
(a) has an advanced diploma in municipal building surveying awarded by the Training Accreditation Council established under the
Vocational Education and Training Act 1996 or an equivalent qualification; and(b) has at least 2 years adequate and relevant practical experience,
that Committee may issue that person with a certificate of qualification as a building surveyor.
(2) Where the Municipal Building Surveyors Qualifications Committee is satisfied that —
(a) a person —
(i) has obtained a qualification as a building surveyor in another State which is of at least the same standard as the qualification referred to in subsection (1);
(ii) is a registered architect under the
Architects Act 1921 ;(iii) is a member, or is eligible for membership, of the Royal Australian Institute of Architects; or
[(iv) deleted] (v) has obtained qualifications in engineering and has adequate and relevant experience in structural engineering;
and
(b) the person has at some time in an examination passed subjects which in the opinion of the Committee are of an adequate scope and standard relating to the powers and duties of a municipal building surveyor and fire protection in buildings,
that Committee may issue that person with a certificate of qualification as a municipal building surveyor.
(1) Persons nominated in accordance with regulation 11 may be appointed by the Minister to act as deputies in the respective offices of members of the Committee in the absence of the occupants of the offices.
(2) Any person so appointed is entitled, when the member of the Committee for whom he is the deputy is absent from a meeting of the Committee, to attend that meeting and, when so attending, shall be deemed to be a member of the Committee and may exercise any function which the member for whom he is the deputy could exercise if present.
[(1) repealed] (2) A member of the Committee may be removed from office by the Minister if the member —
(a) becomes permanently incapable of performing his duties;
(b) becomes a person who would not be qualified to be appointed a member;
(c) dies;
(d) resigns his office by writing under his hand addressed to the Minister and the resignation is accepted; or
(e) carries out any other act or omission that in the opinion of the Minister may cause prejudice or injury to the Committee.
(3) Where the office of a member becomes vacant pursuant to subregulation (2) of this regulation, a person nominated in accordance with regulation 11 shall be appointed by the Minister to fill the vacancy.
Each member of the Committee, and each deputy appointed under these regulations, shall be paid such fees as the Minister determines from time to time.
The Minister may grant leave of absence to a member of the Committee, or a deputy for a member, for such period and upon such terms and conditions as the Minister determines.
The Committee shall have a secretary who shall be an officer of the Department nominated by the CEO from time to time.
(1) The Committee shall hold such meetings as it considers necessary for conducting its affairs.
(2) At a meeting of the Committee —
(a) 3 members form a quorum;
(b) the chairman, or in his absence the person appointed his deputy, shall preside, or if both be absent or there is no deputy so appointed, the members present at the meeting shall elect one of their number to act as chairman at that meeting;
(c) all questions shall be decided by a majority of votes of the members present and voting; and
(d) the chairman, or other person presiding as chairman, at the meeting has a deliberate vote but no casting vote, and in the event of an equality of votes, the motion shall be declared “not carried”.
A person seeking the issue of a certificate of qualification shall make application in the form of Form 1 in the Schedule to these regulations and shall pay the fee prescribed by regulation 23.
The fees payable on the issue of a certificate of qualification shall be $20.
A certificate of qualification issued by the Committee shall be in or substantially in the format of Form 2 in the Schedule to these regulations.
The Committee may at any time cancel the certificate of qualification issued to a person —
(a) who has obtained such certificate by fraud or misrepresentation;
(b) who becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his creditors or makes an assignment for their benefit;
(c) who is proved to the Committee to be no longer capable of exercising, because of mental defect, the duties to which the certificate of qualification relates;
(d) who has been convicted in this State of any crime or misdemeanour or who has been convicted in any place outside this State of any offence which, if committed in this State, would be a crime or misdemeanour; or
(e) who is proved to the Committee to have been guilty of fraudulent or dishonest conduct.
(1) The Committee, by notice in writing given to a person whose certificate of qualification has been cancelled pursuant to these regulations, may require that person to surrender the certificate to the Committee within a time to be specified in the notice.
(2) The cancellation of a certificate of qualification shall have effect notwithstanding any failure to surrender the certificate.
The Committee may at any time, either of its own motion or upon application by a person whose certificate of qualification has been cancelled pursuant to regulation 27, issue to that person a fresh certificate of qualification in lieu of the certificate so cancelled.
Where the Committee cancels a certificate of qualification, or having cancelled such a certificate issues a fresh certificate in lieu thereof, in accordance with these regulations, the reasons of the Committee for so doing shall be reduced into writing and signed by the chairman and upon request by the person concerned a copy of those reasons so written and signed shall be supplied to that person.
(1) There shall be an appeal to a stipendiary magistrate sitting in a court of petty sessions, whose order shall be final, in any case where the Committee cancels a certificate of qualification, or having cancelled such a certificate refuses to issue a fresh certificate in lieu thereof upon application made therefor.
(2) On the hearing of the appeal the court may order that the cancellation shall have no effect, or that the fresh certificate shall be issued to the applicant therefor, or may dismiss the appeal, and may order either party to pay such costs as the court in its discretion may think fit.
(3) A notice of appeal under this regulation shall state specifically every ground of appeal upon which the appellant intends to rely at the hearing, and a copy thereof shall be served by the applicant on the secretary of the Committee at least 14 days before the date fixed for the hearing of the appeal.
The
[reg. 22]
I (full name). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
of (address). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
occupation . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
hereby apply for the issue of a certificate of qualification as a building surveyor.
I declare that I was born at (place). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
on the. .. .. .. .. .. .. .. .. .. .. .. .. of. .. .. .. .. .. .. .. .. .. .. .. .. 19. .. .
I attach —
(a) copies of certificates showing relevant qualification
(b) detailed statement of experience
(c) cheque for $. .. .. .. .. . to cover fee for issue of certificate
Witness. .. .. .. .. .. .. .. .. .. .. Signature. .. .. .. .. .. .. .. .. .. .. .. . .
Date. .. .. .. .. .. .. .. .. .. .. .. .. Date. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
[reg. 24]
This is to certify that. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
of . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
has satisfied the Municipal Building Surveyors Qualifications Committee that he/she is competent to exercise the office of City, Town, or Shire Building Surveyor under the
Dated at Perth this. .. .. .. .. .. .. .. .day of. .. .. .. .. .. .. .. 19. . .
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Chairman of Committee
.. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Secretary
24 Aug 1984 p. 2601‑7 (Corrigenda 28 Sep 1984 p. 3192) | 24 Aug 1984 | |
19 Feb 1988 p. 556‑7 | 19 Feb 1988 | |
25 May 1990 p. 2410 | 25 May 1990 | |
20 Jul 1990 p. 3489 | 20 Jul 1990 | |
4 Sep 1992 p. 4516‑7 | 4 Sep 1992 | |
31 Mar 1994 p. 1432‑3 | 31 Mar 1994 | |
24 Jun 1996 p. 2851‑4 | 1 Jul 1996 (see r. 2) | |
6 Nov 1998 p. 6092‑3 | 6 Nov 1998 | |
19 Jul 2005 p. 3353‑5 | 19 Jul 2005 | |
CEO.................................................................................................................................... 2
Department........................................................................................................................ 2
repealed regulations......................................................................................................... 2
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