Carry Out Plumbing Work Without Licence or Registration

Interview

If an investigator wants to interview you in relation to Carrying Out Plumbing Work Without a Licence or Registration, you should contact a lawyer to discuss your options. The interview process is an important part of the investigation process and it is worthwhile being aware of your options.

You must remember that anything you tell the investigator will be used to support their case against you.

Pleading Not Guilty

Our experienced defence lawyers know how to examine investigations, and the sorts of issues to look for. There may be evidence that has been missed. There might be evidence that shows you are not guilty. Our lawyers work hard to explore all avenues to argue against the charge.

Pleading Guilty

If you decide to plead guilty, one of our lawyers can advise you of the possible penalties and the best strategy to get the best possible outcome. Our lawyers will work with you to collect relevant material and to learn more about your personal circumstances and prepare carefully tailored submissions to get the best possible outcome. This preparation often makes all the difference and helps the Court to understand more about you and the background to this charge.

Sentencing

Sentencing in the Magistrates’ Court of Victoria

Which court will the case be heard in?

The charge of Carry Out Plumbing Work Without License or Registration is dealt with in the Magistrates’ Court.

What is the legal definition of Carry Out Plumbing Work Without License or Registration?

The legal definition of Carry Out Plumbing Work Without License or Registration is as follows:

1. A person must not carry out any plumbing work of a particular class or type unless he or she is licensed or registered by the Authority to carry out work of that class or type.Penalty: 500 penalty units.
2. Despite subsection (1), a person who is not licensed or registered by the Authority may—
   1. repair a tap in any dwelling that the person owns and occupies; and
   2. carry out any other plumbing work that the regulations state is plumbing work that may be carried out by a person who is not licensed or registered.
3. Subsection (2)(a) does not permit a person to repair any thermostatic mixing valve, tempering valve or backflow prevention device.
4. Despite subsection (1), a person who is being trained to carry out work that may be carried out by the holder of a restricted license may carry out that work without being licensed or registered by the Authority if the work is carried out under the supervision of a person who is licensed to carry out that type of work.
5. Despite subsection (1)—
   1. a sheetmetal worker, first class may carry out sheetmetal work in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment;
   2. a metal worker may carry out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework;
   4. an apprentice may carry out any work referred to in paragraph (a) or (b) under the supervision of a person referred to in that paragraph;
   5. a plumbing apprentice acting under the supervision of a licensed plumber may carry out plumbing work—
   —without being licensed or registered by the Authority.

Examples of Carry Out Plumbing Work Without License or Registration

• Repairing a thermostatic mixing valve without license or registration
• Fixing a tempering valve without license or registration
• Fixing a backflow prevention device.

Legislation

The relevant legislation for this offence is section 221D(1) of the Building Act 1993.

Elements: When can a person be found guilty of this offence?

There are seven separate elements to the offence of Carry Out Plumbing Work Without License or Registration that must all be satisfied for a person to be guilty of the offence. These elements are:

1. The person carried out plumbing work;
2. The plumbing work is of a particular class or type;
3. The person was not licensed or registered by the Authority to carry out work of that class or type;
4. The person was not being trained to carry out work that may be carried out by the holder of a restricted license while under the supervision of a person who is licensed to carry out that type of work;
5. The person was not a sheetmetal worker, first class carrying out the work specified in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment;
6. The person was not a metal worker carrying out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework;
7. The person was not an apprentice carrying out work under appropriate supervision.

Element 1: The person carried out plumbing work
‘Plumbing work’ is not explicitly defined in the act.

The term ‘plumbing work’ includes all work associated with plumbing with the exception of gasfitting work on a complex gas installation (as defined in the Gas Safety Act 1997).¹

Element 2: The plumbing work is of a particular class or type
The plumbing work must be of a particular class or type.

The offence is not enlivened where the plumbing work is the repair of a tap in a dwelling that the person repairing the tap owns and occupies, or where a person is carrying out plumbing work that the regulations state is plumbing work that may be carried out by a person who is not licensed or registered.

The ‘regulations’ referred to above are not defined in the Building Act 1993. The Building Act 1993 does however state that the ‘Governor in Council’ may make certain regulations relating to plumbing work.

These regulations include prescribing standards for plumbing work, accreditation of materials or products, and fees.²

The ‘Governor in Council’ is the head of the Building Commission, as appointed on the Minister’s recommendation.³

The Building Act 1993 explicitly states that repairing any thermostatic mixing valve, tempering valve or backflow prevention device is plumbing work of a particular class or type.⁴

Element 3: The person is not licensed or registered by the Authority to carry out work of that class or type
For the offence to apply, the plumbing work must be carried out by a person without license or registration from the Victorian Building Authority to carry out plumbing work of that class or type.⁵

Element 4: The person carrying out the work was not the holder of a restricted license that enables them to carry out that type of work under supervision, while being supervised by a person licensed to carry out that type of work
The offence does not apply where a person doing the plumbing work holds a restricted license that enables them to undertake certain plumbing work under supervision by a person licensed to carry out that type of work, and they are undertaking work covered by their restricted license while being supervised by a licensed person.

Element 5: The person is not a sheetmetal worker, first class, carrying out specified work
The offence does not apply where the person doing the plumbing work is a sheetmetal worker, first class, carrying out work specified in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment.

Element 6: The person is not a metal worker carrying out specified work
The offence does not apply where the person doing the plumbing work is a metal worker carrying out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework.

Element 7: The person is not an apprentice carrying out work under appropriate supervision
The offence does not apply if the person carrying out the plumbing work is an apprentice and:

• They are carrying out work specified in connection with the manufacture, installation, maintenance or repair of ventilation or air conditioning plant or equipment under the supervision of a sheetmetal worker, first class;
• They are carrying out pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework under the supervision of a metal worker; or
• They are acting under the supervision of a licensed plumber that may carry out plumbing work.

Defences

• The accused did not carry out the plumbing work;
• The plumbing work was plumbing work that may be carried out by a person who is not a licensed or registered plumber;
• The accused held a restricted license, was engaging in work they were permitted to engage in under that license, and was being trained to carry out the plumbing work by a licensed plumber;
• The plumbing work was pipework in connection with the fabrication, installation, maintenance or repair of industrial pipework and the person who did the work was a metal worker;
• The unlicensed person carrying out the work was a plumbing apprentice under appropriate supervision.

Questions in cases like this

• What sort of plumbing work has been carried out?
• Did the accused actually carry out the plumbing work?
• Was the accused the holder of a restricted license and being trained to carry out the plumbing work in question by being supervised by a person who is licensed to carry out that type of work?
• Was the accused a plumbing apprentice?

Maximum penalty for section 221D(1) of the Building Act 1993

The maximum penalty for Carry Out Plumbing Work Without License or Registration (s221D(1) of the Building Act 1993) is 500 penalty units. As at 1 July 2018, the value of a penalty unit is $161.19.⁶ As such, the maximum penalty for Carry Out Plumbing Work Without License or Registration is a $80,595 fine.

The Department of Treasury and Finance reviews and updates the value of a penalty unit on 1 July each year.⁷

Other Important Resources

• Building Act 1993
• SAC Statistics – Building Act 1993 (Vic) : s 221D(1) – carry out plumbing work without licence/registration

_{[1] Building Act 1993, s 221ZG
[2] Building Act 1993, s 221ZZZV
[3] Building Act 1993, s 193 and s 194
[4] Building Act 1993, s 221D(3)
[5] Building Act 1993, s 3
[6] https://www.legalaid.vic.gov.au/find-legal-answers/fines-and-infringements/penalty-units
[7] http://www.justice.vic.gov.au/home/justice+system/fines+and+penalties/penalties+and+values/}