Corporations, partnerships and companies must have at least one nominee to be eligible to be licensed as a construction occupation professional.

Being a nominee

Individuals must agree in writing to be appointed as nominees. Individuals must be licensed. Companies must identify a “primary nominee” if they have several nominees. If only one person is a director or partner in a firm, or partnership they are automatically the “primary nominee” if licensed.

All of a company’s licensed employees can be nominees who are each only responsible for their own work. If a licensee has nominated more than one nominee, each nominee may only carry out the functions in relation to the construction services allocated to them. A nominee must not exercise functions in relation to work that the nominee is not licensed to do.

Eligibility

Construction occupations professionals are eligible to be a nominee if they are licensed.

Get a licence

In addition to the usual licensing documentation, other significant details to be provided are:

• if the applicant is a partnership, they must show evidence of the existence of the partnership and state the name of each partner;
• if a partner is a corporation they must state the partner’s ACN; and
• if the applicant is a corporation and the history of the corporation is on a database kept by the Australian Securities and Investments Commission, an extract about the history of the corporation from the database.

Replacement of nominees

Individuals automatically stop being nominees if they are no longer eligible, including if disciplinary action results in disqualification. Nominees may resign their appointment only with the approval of the Construction Occupations Registrar, which can be given only if satisfied that:

• the nominees cannot exercise their functions because of mental or physical incapacity
• there are arrangements for other nominees to take over;
• the entity that appointed the nominee has refused to comply with a mandatory requirement of the nominee (to do something to comply with an Act); or
• it is otherwise appropriate to approve the resignation.

A construction occupation licensee must tell us in writing within two weeks after the day the person becomes or stops being a director or nominee.