Corporations and partnerships' responsibilities

Responsibilities of corporations and partnerships

Nominees of corporations and partnerships have several responsibilities for ensuring work completed by the firm is professional.

Licensing and registration

Corporations and partnerships must have at least one nominee to be eligible for a licence.

Advertising

When a licensed corporation, partnership or individual advertises their construction service, they need to include in the advertisement their name as recorded on their licence, their licence number and for a corporation its ABN or ACN number.

Insurance

You need to show evidence of the insurance you hold to a client before providing a service. This includes advising the person that you do not have insurance if that is the case. You may ask the client to sign an acknowledgment that they have been told about your insurance arrangements. The acknowledgment must state the time and date it was given. If the client signs the acknowledgement, you must immediately give them a copy.

Standards and legislation

Nominees must ensure that work complies with the Construction Occupations (Licensing) Act 2004 and other Territory and Commonwealth laws.

Nominees are responsible for the adequate direction and supervision of services provided by the corporation or partnership. Nominees must supervise construction work for which they are responsible.

Nominees can satisfy a relevant obligation by giving a mandatory requirement to the licensee, providing notice of it to the Registrar and informing the licensee that this notice has been provided. A mandatory requirement is a written requirement by the nominee that the corporation or partnership do something or not do something in compliance with the Act or an operational Act, or to achieve compliance.

Regulation

Anyone who believes a licensed corporation or partnership has not fulfilled their obligations may put their concerns in writing by giving us feedback. Complaints may result in disciplinary action.

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