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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Gas Legislation Amendment (Medical Gas
Systems) Bill 2020
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017
No 15 3
Schedule 2 Amendment of Home Building Act 1989 No 147 10
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2020
New South Wales
Gas Legislation Amendment (Medical Gas
Systems) Bill 2020
Act No , 2020
An Act to amend the Gas and Electricity (Consumer Safety) Act 2017 and Home Building Act
1989 to provide for a regulatory scheme for persons and other entities involved in medical gas
systems in health and medical facilities and in mechanical services and medical gas work; and for
related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Gas Legislation Amendment (Medical Gas Systems) Act 2020.
2 Commencement
This Act commences on 1 November 2020.
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
Schedule 1 Amendment of Gas and Electricity (Consumer
Safety) Act 2017 No 15
[1] Section 4 Definitions
Omit "this Act." from the definition of gas in section 4(1). Insert instead--
this Act,
but does not include a medical gas.
[2] Section 4(1), definition of "gas appliance"
Omit "not include an internal combustion engine that is installed in, or forms part of, a
vehicle, vessel or machine.".
Insert instead--
not include--
(a) an internal combustion engine that is installed in, or forms part of, a
vehicle, vessel or machine, or
(b) an appliance used in a medical facility for the supply or removal of a
medical gas.
[3] Section 4(1), definition of "gas installation"
Omit "not include an autogas installation." Insert instead--
not include--
(c) an autogas installation, or
(d) a medical gas installation.
[4] Section 4(1)
Insert in alphabetical order--
mechanical services and medical gas work has the same meaning as in the
Home Building Act 1989.
medical facility means the following--
(a) a hospital within the meaning of the Public Health Act 2010,
(b) an aged care facility,
(c) a veterinary hospital within the meaning of the Veterinary Practice Act
2003,
(d) another place where medical gas is supplied or removed (except as
prescribed by the regulations).
medical gas means a substance used for medical purposes and prescribed by
the regulations as a medical gas.
medical gas installation means a reticulated system of pipes, hoses or lines
that conveys or controls the supply or removal of medical gases, including
associated fixtures or fittings and any other thing prescribed by the
regulations, but not including anything connected to and extending or situated
beyond a wall outlet or NIST fitting.
medical gas technician work means the commissioning, testing, verification
or certification of a medical gas installation.
medical gasfitting work means the construction, installation, replacement,
repair, alteration, maintenance, testing or commissioning of a medical gas
installation and includes incidental design work.
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
[5] Section 5A
Insert after section 5--
5A Parts 6 and 7 of Act extend to medical gasfitting work and medical gas
technician work
(1) Parts 6 (Accident reporting and investigations) and 7 (Enforcement) extend,
with any necessary modifications, to medical gasfitting work and medical gas
technician work and for that purpose a reference in those Parts to--
(a) gas is taken to include a reference to medical gas, and
(b) a gas installation is taken to include a reference to a medical gas
installation, and
(c) gasfitting work is taken to include a reference to medical gasfitting
work and medical gas technician work, and
(d) an authorised gasfitter is taken to include a reference to a person who
is authorised under this Act to carry out medical gasfitting work or
medical gas technician work, and
(e) a serious gas accident is taken to include a reference to a serious
medical gas accident.
(2) In this section--
serious medical gas accident means an accident--
(a) caused by the use of a medical gas installation or by work carried out on
a medical gas installation, and
(b) as a consequence of which a person dies or suffers permanent disability,
is hospitalised, receives treatment from a registered health practitioner
or is unable to attend work for any period of time.
[6] Part 5A
Insert after section 38--
Part 5A Medical gas
Division 1 Medical gasfitting work and medical gas technician
work
38A Work to comply with regulations
(1) A person must not carry out medical gasfitting work, medical gas technician
work or mechanical services and medical gas work otherwise than in
accordance with the following--
(a) the relevant Australian standards or, if a particular Australian standard
is prescribed by the regulations in relation to the work, that Australian
standard,
(b) any relevant standards of the International Organization for
Standardization that are prescribed by the regulations in relation to the
work,
(c) any standards or requirements specified by the Health Secretary by
order in writing and published on the website of the Ministry of Health.
Maximum penalty--
(a) in the case of an individual--
(i) 500 penalty units for a first offence, or
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Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
(ii) 750 penalty units or imprisonment for 2 years, or both, for a
second or subsequent offence, or
(b) in the case of a corporation--
(i) 5,000 penalty units for a first offence, or
(ii) 7,500 penalty units for a second or subsequent offence.
Note. An offence against this section committed by a corporation is an executive
liability offence attracting executive liability for a director or other person involved in the
management of the corporation--see section 63.
(2) To avoid doubt, a standard or requirement under subsection (1) may--
(a) apply generally or be limited in its application by reference to specified
exceptions or factors, or
(b) apply differently according to different factors of a specified kind,
or both.
(3) In this section--
Health Secretary means the Secretary of the Ministry of Health.
Division 2 Medical gas installations
38B Responsibilities of persons concerning the safety of medical gas installations
(1) A person responsible for a medical gas installation at a place must, to the best
of the person's ability and knowledge, ensure that the installation is, while it
is connected to the source of the supply of medical gas, maintained in
accordance with--
(a) the relevant Australian standards or, if a particular Australian standard
is prescribed by the regulations in relation to the installation, that
Australian standard, and
(b) any relevant standards of the International Organization for
Standardization that are prescribed by the regulations in relation to the
installation.
Maximum penalty--500 penalty units in the case of a corporation and 150
penalty units in the case of an individual.
(2) In this section--
person responsible for a medical gas installation at a place means--
(a) the occupier of the place, or
(b) if there is no occupier, any owner of the place.
38C Offence of interfering with medical gas installations
(1) A person who carries out any type of work for fee or reward at or near a place
where a medical gas installation is located must ensure that the carrying out of
the work, and the work, do not interfere with the installation in a way that
adversely affects the safety of the installation.
Maximum penalty--500 penalty units in the case of a corporation and 200
penalty units in the case of an individual.
(2) A person who--
(a) carries out any type of work at or near a place where a medical gas
installation is located, and
(b) carries out the work in a way that adversely affects the safety of the
installation, and
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Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
(c) knows, or ought to have known, that the installation has been adversely
affected,
must, as soon as is reasonably practicable after becoming aware that the
installation has been adversely affected, notify the person responsible for the
installation (within the meaning of section 38B) of that fact.
Maximum penalty--500 penalty units in the case of a corporation and 200
penalty units in the case of an individual.
38D Notice of defective medical gas installation
(1) The responsible person for medical gasfitting work or medical gas technician
work carried out on land must give the following persons written notice of any
defective medical gas installation on the land discovered in the course of
carrying out the medical gasfitting work--
(a) the owner of the land,
(b) the occupier of the land (if the owner does not occupy the land).
Maximum penalty--100 penalty units.
(2) The responsible person for medical gasfitting work, medical gas technician
work or mechanical services and medical gas work carried out on land must
give the Secretary written notice of any defective medical gas installation on
the land discovered in the course of carrying out the medical gasfitting work
that poses an imminent threat to public health or safety.
Maximum penalty--100 penalty units.
(3) Notice of a defective gas installation required to be given under this section
must be given--
(a) in relation to notice referred to in subclause (1)--as soon as practicable
after the defective gas installation is discovered, and
(b) in relation to notice referred to in subclause (2)--within 24 hours after
the defective gas installation is discovered.
(4) A defective medical gas installation is discovered if the responsible person, or
a person carrying out the medical gasfitting work, medical gas technician work
or mechanical services and medical gas work under the responsible person's
supervision, becomes aware that the installation concerned is defective.
(5) In this section--
responsible person for medical gasfitting work, medical gas technician work
or mechanical services and medical gas work means--
(a) in the case of work carried out or proposed to be carried out by the
holder of an endorsed contractor licence or a supervisor certificate
under the Home Building Act 1989 authorising the holder to do the
work, the holder of that licence or certificate, or
(b) in the case of work carried out or proposed to be carried out under the
immediate or general supervision of the holder of an endorsed
contractor licence or a supervisor certificate under the Home Building
Act 1989 authorising the holder to supervise the work, the holder of the
endorsed contractor licence or supervisor certificate.
38E Regulation of installations
The regulations may make provision for or with respect to the following
matters--
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
(a) testing, inspection and compliance requirements that must be carried
out on completion of medical gasfitting work or mechanical services
and medical gas work,
(b) the use and maintenance of medical gas installations,
(c) the connection of containers, regulators or appliances to medical gas
installations.
[7] Section 39 Meanings of "serious electrical accident" and "serious gas accident"
Insert after the definition of serious gas accident--
Note. For the purposes of Parts 6 and 7, serious gas accident is taken to include
serious medical gas accident. See section 5A.
[8] Section 40 Notification of serious electrical and gas accidents
Omit section 40(1)(a). Insert instead--
(a) in relation to a serious medical gas accident--within 24 hours after the
accident, and
(a1) in any other case--within 7 days after the accident, and
[9] Section 44
Omit the section. Insert instead--
44 Arrangements with other public authorities regarding certain investigable
incidents
(1) The Secretary, SafeWork NSW, the Energy Secretary and the Health
Secretary may enter into arrangements regarding any one or more of the
following--
(a) the referral of investigable incidents--
(i) to SafeWork NSW for investigation or other action under the
Work Health and Safety Act 2011, or
(ii) to the Secretary for investigation or other action under this Act, or
(iii) to the Energy Secretary for investigation or other action under the
Electricity Supply Act 1995 or the Gas Supply Act 1996, or
(iv) to the Health Secretary for investigation or other action under any
legislation administered by the Health Minister,
(b) matters concerning an investigable incident that is the subject of
investigation or other action by more than one of those persons at the
same time,
(c) the co-operative exercise of the respective functions of those persons in
respect of investigable incidents,
(d) the sharing of information relevant to, and for the purposes of, enabling
or assisting any of them to carry out their functions under this Part.
(2) The Secretary, SafeWork NSW, the Energy Secretary and the Health
Secretary are jointly to cause notice of any arrangements entered into under
this section to be published in the Gazette as soon as is practicable after they
are entered into. However, a failure to publish any such arrangements does not
affect their validity.
(3) A party to an arrangement entered into under this section--
(a) may decline, discontinue or defer an investigation or other action in
relation to an investigable incident to give effect to the arrangement, and
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
(b) may disclose any information concerning a matter involving an
investigable incident that was duly obtained by that party to another
party to the arrangement to which the matter is referred so as to give
effect to the arrangement.
(4) A party to which a matter is referred under an arrangement entered into under
this section may investigate or deal with information obtained in respect of the
matter referred in order to give effect to the arrangement.
(5) In this section--
Energy Secretary means the Secretary of the Department of Planning,
Industry and Environment.
Health Minister means the minister administering the Public Health Act 2010.
Health Secretary means the Secretary of the Ministry of Health.
investigable incident means an accident or other incident--
(a) in which electricity, gas or medical gas is involved, and
(b) as a consequence of which a person dies or suffers permanent disability,
is hospitalised, receives treatment from a registered health practitioner
or is unable to attend work for any period of time.
SafeWork NSW means SafeWork NSW as referred to in clause 1 of Schedule
2 to the Work Health and Safety Act 2011.
[10] Section 53 Investigation of serious electrical or gas accidents
Insert after section 53(b)--
(b1) seize, detain or remove, for the purpose of examination or testing, any
part of a medical gas installation,
[11] Section 53(c)
Insert "or other recordings" after "photographs" in section 53(c).
[12] Section 53(2)
Insert at the end of the section--
(2) An authorised officer who is investigating an accident under Part 6 may be
accompanied by a police officer or another person who the authorised officer
believes will assist in the investigation, or both.
[13] Section 63 Liability of directors etc for offences by corporation--offences attracting
executive liability
Insert after section 63(1)(e)--
(e1) section 38A,
[14] Section 68A
Insert after section 68--
68A Continuing offences
(1) A person who is guilty of an offence because the person contravenes a
requirement made by or under this Act or the regulations (whether the
requirement is imposed by a notice or in another way) to do or cease to do
something (whether or not within a specified period or before a particular
time)--
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 1 Amendment of Gas and Electricity (Consumer Safety) Act 2017 No 15
(a) continues, until the requirement is complied with and despite the fact
that any specified period has expired or time has passed, to be liable to
comply with the requirement, and
(b) is guilty of a continuing offence for each day the contravention
continues.
(2) This section does not apply to an offence if the relevant provision of this Act
or the regulations does not provide for a penalty for a continuing offence.
(3) This section does not apply to the extent that a requirement of a notice is
revoked.
[15] Section 70 Disclosure of information
Insert ", medical gas installations" after "gas installations" in section 70(3).
[16] Section 75 Regulations
Insert ", medical gas installations" after "gas installations" in section 75(2)(m).
[17] Section 75(2)(n)
Insert ", medical gasfitting work, medical gas technician work" after "gasfitting work".
[18] Section 75(3A)
Insert after section 75(3)--
(3A) Despite subsection (3), the regulations cannot exempt, or provide for the
exemption, of a person from the requirements of Part 5A.
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 2 Amendment of Home Building Act 1989 No 147
Schedule 2 Amendment of Home Building Act 1989 No 147
[1] Sections 15A-15C
Insert after section 15--
15A Unqualified mechanical services and medical gas work
(1) An individual must not do any mechanical services and medical gas work
(whether or not it is also residential building work) except--
(a) as a qualified supervisor in respect of that work, or
(b) as the holder of a tradesperson certificate authorising its holder to do
that work under supervision, but only if the work is done under the
supervision and in accordance with the directions, if any, of a qualified
supervisor.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(2) Despite subsection (1), an apprentice or trainee may do mechanical services
and medical gas services work even though the apprentice or trainee is not a
qualified supervisor or holder, but only if a qualified supervisor--
(a) is present at all times where the work is being done by the apprentice or
trainee, and
(b) is available to be consulted by, and to give directions relating to how the
work is to be done to, the apprentice or trainee.
(3) A qualified supervisor who is supervising any mechanical services and
medical gas work being done by an apprentice or trainee as referred to in
subsection (1)(b) must--
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it, and
(b) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(4) A qualified supervisor who is supervising any mechanical services and
medical gas work being done by an apprentice or trainee as referred to in
subsection (2) must--
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it (which, unless the qualified
supervisor considers it unnecessary, must include directions requiring
the apprentice or trainee to advise in detail on progress with the work),
and
(b) be present when the work is being done and be available to be consulted
by, and to give directions relating to how the work is to be done to, the
apprentice or trainee, and
(c) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(5) Despite subsection (1), a person may do mechanical services and medical gas
work that is also the following--
(a) plumbing and drainage work within the meaning of the Plumbing and
Drainage Act 2011,
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Schedule 2 Amendment of Home Building Act 1989 No 147
(b) work declared to be refrigeration work or air-conditioning work by the
regulations under the Home Building Act 1989,
(c) roof plumbing work within the meaning of the Home Building Act 1989,
(d) specialist work within the meaning of section 34 of the Design and
Building Practitioners Act 2020 in relation to a medical gas installation,
if the person is--
(e) the holder of an endorsed contractor licence, or of a supervisor or
tradesperson certificate, authorising its holder to do that work, or
(f) under the immediate supervision of the holder of a contractor licence or
supervisor certificate that is endorsed with respect to that work.
(6) This section applies to an individual acting in the course of his or her
employment by the Crown.
(7) In this section--
apprentice has the same meaning as in the Apprenticeship and Traineeship Act
2001.
qualified supervisor, in respect of a class of work, means the holder of an
endorsed contractor licence, or a supervisor certificate, authorising its holder
to do that work.
trainee has the same meaning as in the Apprenticeship and Traineeship Act
2001.
15B Unqualified medical gasfitting work
(1) An individual must not do any medical gasfitting work (whether or not it is
also residential building work) except--
(a) as a qualified supervisor in respect of that work, or
(b) as the holder of a tradesperson certificate authorising its holder to do
that work under supervision, but only if the work is done under the
supervision and in accordance with the directions, if any, of a qualified
supervisor.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(2) Despite subsection (1), an apprentice or trainee may do medical gasfitting
work even though the apprentice or trainee is not a qualified supervisor or
holder, but only if a qualified supervisor--
(a) is present at all times where the work is being done by the apprentice or
trainee, and
(b) is available to be consulted by, and to give directions relating to how the
work is to be done to, the apprentice or trainee.
(3) A qualified supervisor who is supervising medical gasfitting work being done
by an apprentice or trainee as referred to in subsection (1)(b) must--
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it, and
(b) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(4) A qualified supervisor who is supervising medical gasfitting work being done
by an apprentice or trainee as referred to in subsection (2) must--
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 2 Amendment of Home Building Act 1989 No 147
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it (which, unless the qualified
supervisor considers it unnecessary, must include directions requiring
the apprentice or trainee to advise in detail on progress with the work),
and
(b) be present when the work is being done and be available to be consulted
by, and to give directions relating to how the work is to be done to, the
apprentice or trainee, and
(c) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(5) Despite subsection (1), a person may do medical gasfitting work that is also
mechanical services and medical gas work, if the person is--
(a) the holder of an endorsed contractor licence, or of a supervisor or
tradesperson certificate, authorising its holder to do that work, or
(b) under the immediate supervision of the holder of a contractor licence or
supervisor certificate that is endorsed with respect to that work.
(6) This section applies to an individual acting in the course of his or her
employment by the Crown.
(7) In this section--
apprentice has the same meaning as in the Apprenticeship and Traineeship Act
2001.
qualified supervisor, in respect of a class of work, means the holder of an
endorsed contractor licence, or a supervisor certificate, authorising its holder
to do that work.
trainee has the same meaning as in the Apprenticeship and Traineeship Act
2001.
15C Unqualified medical gas technician work
(1) An individual must not do any medical gas technician work (whether or not it
is also residential building work) except--
(a) as a qualified supervisor in respect of that work, or
(b) as the holder of a tradesperson certificate authorising its holder to do
that work under supervision, but only if the work is done under the
supervision and in accordance with the directions, if any, of a qualified
supervisor.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(2) Despite subsection (1), an apprentice or trainee may do medical gas technician
work even though the apprentice or trainee is not a qualified supervisor or
holder, but only if a qualified supervisor--
(a) is present at all times where the work is being done by the apprentice or
trainee, and
(b) is available to be consulted by, and to give directions relating to how the
work is to be done to, the apprentice or trainee.
(3) A qualified supervisor who is supervising medical gas technician work being
done by an apprentice or trainee as referred to in subsection (1)(b) must--
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 2 Amendment of Home Building Act 1989 No 147
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it, and
(b) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(4) A qualified supervisor who is supervising medical gas technician work being
done by an apprentice or trainee as referred to in subsection (2) must--
(a) give directions that are adequate to enable the work to be done correctly
by the apprentice or trainee performing it (which, unless the qualified
supervisor considers it unnecessary, must include directions requiring
the apprentice or trainee to advise in detail on progress with the work),
and
(b) be present when the work is being done and be available to be consulted
by, and to give directions relating to how the work is to be done to, the
apprentice or trainee, and
(c) personally ensure that the work is correctly done.
Maximum penalty--1,000 penalty units in the case of a corporation and 200
penalty units in any other case.
(5) This section applies to an individual acting in the course of his or her
employment by the Crown.
(6) In this section--
apprentice has the same meaning as in the Apprenticeship and Traineeship Act
2001.
qualified supervisor, in respect of a class of work, means the holder of an
endorsed contractor licence, or a supervisor certificate, authorising its holder
to do that work.
trainee has the same meaning as in the Apprenticeship and Traineeship Act
2001.
[2] Sections 33E-33G
Insert after section 33D--
33E Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to mechanical services and
medical gas work
(1) A supervisor or tradesperson certificate must not be issued, and a contractor
licence must not be endorsed to show that it is the equivalent to a supervisor
certificate, that authorises its holder to do mechanical services and medical gas
work unless the Secretary is satisfied that the applicant--
(a) has successfully completed one of the following VET qualifications--
(i) Certificate III in Plumbing (Mechanical Services),
(ii) Certificate III in Plumbing, and
(b) has successfully completed the following units of competency in the
Construction, Plumbing and Services Training Package--
(i) Install medical gas pipeline systems,
(ii) Carry out WHS requirements, and
(c) has not less than 2 years of experience in mechanical services and
medical gas work after the completion of that qualification.
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Schedule 2 Amendment of Home Building Act 1989 No 147
(2) A reference in this section to a VET qualification or a unit of competency
includes a reference to a qualification or unit that replaces that qualification or
unit.
(3) In this section--
VET qualification has the same meaning as in the National Vocational
Education and Training Regulator Act 2011 of the Commonwealth.
33F Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to medical gasfitting work
(1) A supervisor or tradesperson certificate must not be issued, and a contractor
licence must not be endorsed to show that it is the equivalent to a supervisor
certificate, that authorises its holder to do medical gasfitting work unless the
Secretary is satisfied that the applicant--
(a) has successfully completed one of the following VET qualifications--
(i) Certificate III in Plumbing (Mechanical Services),
(ii) Certificate III in Plumbing,
(iii) Certificate III in Gas Fitting, and
(b) has successfully completed the following units of competency in the
Construction, Plumbing and Services Training Package--
(i) Install medical gas pipeline systems, and
(ii) Carry out WHS requirements, and
(c) has not less than 2 years of experience in medical gasfitting work after
the completion of that qualification.
(2) A reference in this section to a VET qualification or a unit of competency
includes a reference to a qualification or unit that replaces that qualification or
unit.
(3) In this section--
VET qualification has the same meaning as in the National Vocational
Education and Training Regulator Act 2011 of the Commonwealth.
33G Additional requirements for obtaining endorsed contractor licenses and
supervisor and tradesperson certificates relating to medical gas technician
work
(1) A supervisor or tradesperson certificate must not be issued, and a contractor
licence must not be endorsed to show that it is the equivalent to a supervisor
certificate, that authorises its holder to do medical gas technician work unless
the Secretary is satisfied that the applicant--
(a) has successfully completed one of the following relevant VET
qualifications--
(i) Certificate III in Plumbing (Mechanical Services),
(ii) Certificate III in Plumbing,
(iii) Certificate III in Gas Fitting,
(iv) Certificate IV in Engineering, and
(b) has successfully completed the following units of competency in the
Construction, Plumbing and Services Training Package--
(i) Install medical gas pipeline systems,
(ii) Carry out WHS requirements, and
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Schedule 2 Amendment of Home Building Act 1989 No 147
(c) has not less than 2 years of experience in medical gas technician work
after the completion of that qualification.
(2) A person is taken to have satisfactorily completed a relevant VET qualification
if the person has a degree in engineering or another discipline that, in the
opinion of the Secretary, is suitable for a person to do medical gas technician
work.
(3) A reference in this section to a VET qualification or a unit of competency
includes a reference to a qualification or unit that replaces that qualification or
unit.
(4) In this section--
VET qualification has the same meaning as in the National Vocational
Education and Training Regulator Act 2011 of the Commonwealth.
[3] Section 47 Production of authority
Insert after section 47(d)--
(d1) in the case of a person performing medical gas technician work--a chief
executive officer, or a person nominated in writing by a chief executive
officer, of a medical facility, or
[4] Section 47(2)
Insert at the end of the section--
(2) For the purposes of this section--
chief executive officer of a medical facility means the person responsible for
the day to day administration of the affairs of the medical facility.
medical facility has the same meaning as in the Gas and Electricity (Consumer
Safety) Act 2017.
[5] Section 140(2A)
Insert after section 140(2)--
(2A) Despite subsection (2)(k), regulations cannot be made for or with respect to--
(a) the exemption of a person from the requirements of sections 15A-15C,
or
(b) the exemption of work from the definition of mechanical services and
medical gas work.
[6] Schedule 1 Definitions and other interpretative provisions
Insert in alphabetical order in clause 1(1)--
mechanical services and medical gas work means--
(a) the construction, installation, replacement, repair, alteration,
maintenance, testing or commissioning of a mechanical heating,
cooling or ventilation system in a building, which is associated with the
heating, cooling or ventilation of that building, and includes the
following--
(i) any valve, regulator, register, pipe, duct, flue, tank, heating or
cooling pipe or surface, boiler, burner, solid fuel heater, coil or
other item that is used in the system,
(ii) in the case of a cooling tower, any water pipe, valve, pump,
automated dosing device or automated bleeding device or any
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 2 Amendment of Home Building Act 1989 No 147
other mechanical component that affects the cooling tower's
cooling water flow rate or wastewater disposal,
(iii) roof sheeting and roof flashing that is necessary for the purpose
of any work described in this paragraph or paragraphs (b)-(d),
and
(b) medical gasfitting work, and
(c) the installation, commissioning and any incidental design work that is
associated with the installation and commissioning of--
(i) any part of a single head split system, or
(ii) a ceiling cassette system, or
(iii) an add-on condenser unit for a ducted system,
that is associated with the heating and cooling of a building, and
(d) any design work that is incidental to, or associated with, any work
described in paragraphs (a) and (b),
but does not include the following--
(e) gasfitting work,
(f) any work on a cooling tower drift eliminator,
(g) any treatment of cooling or heating water,
(h) any cleaning of a cooling tower,
(i) disassembly or reassembly of a flue terminal for the purposes of
cleaning a solid fuel heater,
(j) the connection or disconnection of a system referred to in paragraphs
(a)-(d) from a water supply other than disconnection of the system from
a water supply at an isolating valve adjacent to a mechanical component
of that system.
medical gas technician work has the same meaning as in the Gas and
Electricity (Consumer Safety) Act 2017.
medical gasfitting work has the same meaning as in the Gas and Electricity
(Consumer Safety) Act 2017.
[7] Schedule 1, clause 1(1), definition of "specialist work"
Insert after paragraph (a)--
(a1) mechanical services and medical gas work,
(a2) medical gasfitting work,
(a3) medical gas technician work,
[8] Schedule 4 Savings and transitional provisions
Insert at the end of the Schedule--
Part 26 Provisions consequent on enactment of Gas
Legislation Amendment (Medical Gas Systems)
Act 2020
158 Transitional exemption from certain offences relating to medical gas related
work
(1) Sections 4, 5, 12, 15A-15C and 16 do not have effect during the transitional
period in relation to specialist work that is medical gasfitting work,
mechanical services and medical gas work or medical gas technician work.
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Gas Legislation Amendment (Medical Gas Systems) Bill 2020 [NSW]
Schedule 2 Amendment of Home Building Act 1989 No 147
(2) In this clause, transitional period means the period commencing on 1
November 2020 and ending--
(a) in relation to medical gasfitting work and medical gas technician
work--at the end of 30 April 2021, and
(b) in relation to mechanical services and medical gas work--at the end of
30 April 2022.
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