Section 71 of the Building Professionals Act 2005 (BP Act) allows the Board to grant exemptions to the requirements of section 66(1)(d) of the BP Act which states that an accredited certifier must not issue a Part 4A or complying development certificate in relation to any aspect of development if they are "associated with the council" of an area in which the development is to be carried out.
An accredited certifier is associated with the council if the accredited certifier is:
(a) is a councillor or employee of the council, or
(b) is related to a councillor or employee of the council, or
(c) has a contractual arrangement with the council that might reasonably be seen to give rise to a conflict between the accredited certifier's duties as an accredited certifier and the accredited certifier's interests under the arrangement.
An accredited certifier is related to another person if:
(a) the accredited certifier is an employer, partner or employee of the other person, or
(b) the accredited certifier is employed by the same employer as the other person, or
(c) the accredited certifier is employed by a subsidiary (within the meaning of the Corporations Act 2001 of the Commonwealth) of the other person or the other person controls (within the meaning of section 50AA of that Act) the employer of the accredited certifier, or
(d) the other person is employed by a subsidiary (within the meaning of the Corporations Act 2001 of the Commonwealth) of the employer or the accredited certifier controls (within the meaning of section 50AA of that Act) the employer of the other person, or
(e) the accredited certifier is a spouse, de facto partner (whether of the same or opposite sex), sibling, parent or child of the other person, or
(f) the accredited certifier has a contractual arrangement with the other person that might reasonably be seen to give rise to a conflict between the accredited certifier's duties as an accredited certifier and the accredited certifier's interests under the arrangement.
Applications
Applications for exemption by accredited certifiers are to be made in writing to the Board, accompanied by the $100 fee.
An application form for exemption is required to be used - Application for exemption under section 71
