Qualified persons
Depending on the structure of the business, a qualified person must be an individual who has the following relationship to the applicant: (s.7(3) ESR 2002).
Individual |
An employee of the individual |
Partnership |
A member or an employee of the partnership |
Corporation |
An executive officer, member or an employee of the corporation. |
To become a qualified person an individual must satisfy the chief executive that they are fit and proper (s.7(1)(a) and s.7(2)(a)). The chief executive may only consider the standard of honesty and integrity demonstrated by the person in commercial and other activities in which the person has been involved; and any failure by the person to perform commercial or statutory obligations and the reasons for the failure (s.7(4)).
Note that despite s.7(4), a person who is an individual is not a fit and proper person to be a qualified technical person if the individual is disqualified from being a qualified technical person for the holder of an electrical contractor licence, because of disciplinary action taken by the licensing committee (s.7(5)).
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Considerations by the chief executive QTP/QBPs are required to declare that they are 'fit and proper' on the application form. The following factors may be taken into consideration when deciding whether a person is fit and proper:
Instances of nominated qualified persons involved in previous disciplinary action should be referred to the Principal Licensing Officer for a decision. The Principal Licensing Officer will document details of the decision. |
Qualified Business Person
Section 7(1) of the ESR 2002 defines a qualified business person as an individual who:
- is a fit and proper person (as above); and
- is competent to perform the business aspects of performing electrical work as, or for, a licensed electrical contractor; and
- either -
- has satisfactorily finished a course of instruction, or an examination required by the chief executive, on business aspects of performing electrical work; or
- has been operating a business for a period of, or periods totalling five years
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Standard to satisfy the chief executive Evidence the nominated QBP has been a QBP on a Queensland electrical contractor licence within the last five years; OR Evidence the nominated QBP is the person endorsed on a non-Queensland electrical contractor licence as the person competent to perform the business aspects of electrical work; OR Qualification, statement of attainment or certificate signed by registered training organisation within the previous five years for:
OR Qualification, statement of attainment or certificate signed by registered training organisation within the previous five years for: EA102 – Establishing a contracting business; and OR Evidence of another appropriate business qualification* with equivalent learning outcomes in business management, financial management, and legislative frameworks, such as a business diploma or accounting degree; OR Evidence of operating a business for a period of, or periods totalling, five years, such as: tax returns for a self-employed person or completed statutory declarations from an accountant, employer, or other applicable business officer. |
*Business qualifications will be considered to have a currency of five years from date of issue. Outside of this period the QBP will be required to demonstrate skills maintenance through:
- a statement of attainment, certificate, or other document evidencing successful completion of structured training course or professional development in business, such as completion of a course in taxation law; or
- a statutory declaration from an employer or other business officer that the person has worked in a role principally responsible for the operation of a business.
Qualified Technical Person
Section 7(2) of the ESR 2002 defines a qualified technical person as an individual who:
- is a fit and proper person (as above); and
- either:
- if the electrical work to be performed by the licensed electrical contractor may be performed only by the holder of an electrical work licence – has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds, an electrical work license; or
- has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds an external contracting authority; and
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Considerations by the chief executive All applications for a shorter period will be considered on a case by case basis by the Principal Licensing Officer. The following factors may be taken into consideration when deciding whether a shorter period is acceptable:
The Principal Licensing Officer will document details of the decision. Examples of matters for which the Principal Licensing Officer has exercised this discretion include the following:
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- is competent to perform electrical work as, or for, a licensed electrical contractor; and
- has satisfactorily finished a course of instruction, or an examination required by the chief executive, on technical aspects of performing electrical work.
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Standard to satisfy the chief executive Current electrical work licence relevant to the type of work to be carried out by the business; or if a electrical work licence is not required, evidence the person is competent to perform the electrical work, such as an electrical engineering degree, or statement of attainment issued by a registered training organisation within the last five years for UEENEEP008A 'Conduct in-service safety testing of electrical cord assemblies and cord connected equipment', or 30239QLD 'Conduct in-service safety inspection and testing of electrical equipment (other than fixed wired equipment)' or equivalent; AND Evidence the nominated QTP has been a QTP on a Queensland electrical contractor licence as the person competent to perform electrical work within the last five years; OR Evidence the nominated QTP is the person endorsed on a non-Queensland electrical contractor licence as the person competent to perform electrical work; OR Evidence the nominated QTP has relevant experience within the last five years as an inspector appointed under the Act; OR Qualification, statement of attainment or certificate issued by a RTO and dated within the previous five years for:
AND For businesses applying to conduct electrical installation work if the nominated QTP's work licence was issued for the first time more than five years prior, evidence the QTP has relevant experience within the last five years as an inspector appointed under the Act, or a statement of attainment issued by a RTO and dated within the previous five years for:
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Where the qualified technical person and qualified business person is the same person they are required to satisfy both sets of requirements.
Last updated 22 July 2009