Electrical Licensing Committee
What is the Electrical Licensing Committee?
The Electrical Licensing Committee (the Committee) is chaired by the Commissioner for Electrical Safety and has four committee members who represent either employers, workers or the community.
The Committee holds hearings to determine whether grounds exist to take disciplinary action.
The Committee and the Commissioner for Electrical Safety are independent of the Office of Industrial Relations and the Electrical Safety Office (ESO). The Commissioner for Electrical Safety has an advisory role to the Minister and the Committee is specifically engaged to take necessary disciplinary action against holders of electrical licences and electrical contractor licences.
Why am I being called to a hearing?
Following an investigation, ESO may refer you to the Committee for disciplinary action. Grounds for disciplinary action are listed in section 106 and 107 of the Electrical Safety Act 2002. Examples of actions that that may lead to a referral to the Committee include:
- serious electrical incidents
- person receives an electric shock
- disconnection required because of serious defects or immediate electrical risk to persons or property
- significant property damage
- matters involving young workers and electrical apprentices
- competency-related issues.
You may be referred to the Committee even if other actions have already been taken, such as improvement notices or infringement notices (fines). Generally, you will be referred to the Committee within four months after an inspector first commences investigating an event.
Please note, you are still able to work while the hearing process is afoot. You will only need to stop work if disciplinary action, like a licence suspension, is decided following the disciplinary hearing.
What happens when a referral is made?
If you are referred to the Committee, the Committee will review the evidence relating to the incident and consider whether grounds may exist for disciplinary action. Depending on the nature of the incident, you may be referred as an electrical worker, an electrical contractor, or, in some circumstances, both. If the Committee consider grounds exist, you will be issued a preliminary notice.
What is a preliminary notice?
A preliminary notice is a letter that outlines why the Committee considers there may be grounds to hold a disciplinary hearing. It will include the facts and circumstances considered by the Committee in determining that a disciplinary hearing may be required.
Receiving a preliminary notice does not automatically mean disciplinary action will be taken. It is your opportunity to respond (also known as providing a preliminary response) to the Committee’s initial findings. It allows you to provide further information and/or clarification that you consider may justify no further action being taken by the Committee.
How do I provide a preliminary response?
If you agree the facts and circumstances provided in the preliminary notice are correct, you should provide the Committee with information on any steps you have taken to ensure similar incidents will not happen again. This includes any corrective actions, audits, policies or procedures implemented since the event(s) and/or any additional training undertaken since the incident.
If you consider the information provided in the preliminary notice is incorrect, you should clearly state the reason/s why you consider it to be incorrect.
You do not have to provide a preliminary response, but it is highly recommended. You should provide as much relevant information as possible. If you do not provide a preliminary response, the matter will progress to a hearing.
You must provide your preliminary response by the due date stated in your preliminary notice. Generally, this is within 14 days.
What if a disciplinary hearing notice is issued?
After consideration of your preliminary response, the Committee may still decide to hold a disciplinary hearing. If so, you will be provided with a disciplinary hearing notice. This notice will state that the Committee still considers that grounds exist to hold a disciplinary hearing and will provide details of your hearing date. The hearing date must be at least 14 days after the date of the disciplinary hearing notice.
Even though you are not legally obliged to do so, it is strongly recommended that you attend the hearing. If you can’t attend in person, you can attend by teleconference. You can also provide further information or submissions to the Committee. Supporting information and evidence can be sent to ELCDISC@oir.qld.gov.au.
It is important to note that the Committee will hold the hearing even if you do not attend. In cases of extenuating circumstances, the Committee will determine whether to proceed with the hearing in the absence of the licence holder or reschedule. You should contact the Committee before the hearing if you are unable to attend due to extenuating circumstances.
What happens during a disciplinary hearing?
If you attend the hearing in person, you will be escorted to a meeting room where you will be introduced to members of the Committee. The Committee members will either be in the room with you or may be joining the hearing by telephone or video link. If you attend the hearing remotely, you will join the hearing via a video or telephone link.
The Committee members will explain why you have been called to a hearing and provide an opportunity for you to provide evidence and explain what happened. The Committee members will ask questions to understand the situation and your particular circumstances. The Committee will then ask you to leave the room briefly while they make their decision regarding potential disciplinary action. You will then be invited back into the meeting room. The Committee may either tell you their decision or they may choose to make their decision at a later time. In either case, a decision in writing will be emailed out to you as soon as possible following the hearing.
The Committee can impose a range of penalties, such as:
- cancel a licence
- suspend a licence
- disqualify the licence holder from being a qualified technical person for the holder of an electrical contractor licence
- disqualify the holder from holding an electrical contractor licence, electrical work licence, or both
- include or change a condition in the licence
- include or change a restriction in the licence
- reprimand the licence holder
- caution the licence holder
- if the electrical licence is an electrical contractor licence, require the holder to correct a fault or defect in electrical work within the time and in the way stated by the Committee
- impose on the holder a penalty of not more than 40 penalty units.
For example, the Committee may impose a condition that the licence holder satisfactorily complete a stated training course and correct faults and defects. The aim of training and auditing is to improve the competency of workers and safety standards of businesses to ensure similar incidents do not happen again.
Who can I bring with me to the disciplinary hearing?
You can bring a family member, friend or other support person (such as a union representative or industry association representative) to support you. Please note, a support person can only observe and cannot participate in the hearing.
How is disciplinary action decided and determined?
At a disciplinary hearing, the Committee must determine if grounds exist for taking disciplinary action.
Examples of when you could face disciplinary action can include, if you:
- perform unsafe, negligent or incompetent electrical work
- supply incorrect or misleading information to obtain an electrical licence
- no longer comply with the eligibility requirements for the licence
- commit an offence under section 106 or 107 of the Electrical Safety Act 2002.
The Committee will provide the licence holder with reasons for their decisions. Some key reasons include:
- failure to follow safe systems of work
- not completing mandatory testing
- failure to ensure electrical installations comply with wiring rules
- failure to demonstrate the required electrical safety standard and practices
- failure to ensure appropriate supervision.
Learn more about reasons for decisions at an Electrical Licensing Committee hearing.
How do I attend a hearing?
In person
The time and location of the hearing will be included in the correspondence sent to you to notify you of your hearing.
Organise to arrive at the venue early to register your arrival and find the room.
The Committee may be considering a number of matters on the day of your hearing. The Committee has discretion to hear matters in an order of their choosing. You may need to wait for your hearing. You should plan to keep the day free of other commitments and organise childcare, if necessary.
Once started, a hearing generally takes around one hour and 40 minutes.
Bring any information that you wish to share that may support your circumstances.
Virtually
In some circumstances, you may have the option to attend your hearing via video or teleconference. You will be sent the virtual hearing information and link to join before the date of your hearing.
Ensure you are in a private and quiet location with a good internet connection and allow time before the hearing to set up and join via the connection link. If you have any technical difficulties on the day, please contact 0434 360 138 for support.
Translator service
The Committee hearing will be conducted in English. If you require, a translator or interpreter service can be arranged on your behalf. Please advise whether you require a translator or interpreter when confirming your attendance at the hearing.
What happens after the hearing?
If the Committee decides to take action against you, you will be advised verbally at the time of the hearing and in writing via an information notice sent to you after the hearing.
The information notice includes all the information discussed during the hearing. It also contains information on how to complete any disciplinary action which may have been imposed. Should you receive a penalty of four or more points, this information will be placed on the ESO public register of electrical licence holders for three years.
It is your responsibility to ensure any disciplinary action is finalised in the required timeframes outlined in the information notice.
If you think you may need more time to complete your disciplinary actions to ensure you meet required timeframes, you need to contact the Committee as soon as possible by phoning 0434 360 138 or emailing ELCDISC@oir.qld.gov.au.
What if I do not agree with the decision?
A person affected by a decision made by the Committee has a right of review under section 172 of the Electrical Safety Act 2002. Should you wish to exercise this right, including any right to seek a stay of the decision, you must lodge a review with the Queensland Civil and Administrative Tribunal (QCAT) within 28 days of the decision date. To commence a review, you need to complete a Form 23 available from the QCAT. Contact QCAT on 1300 753 228 for further information about QCAT processes.
What happens once all disciplinary action has been finalised?
Once all disciplinary action has been finalised you will be advised in writing that the Committee is satisfied that all actions are complete. No further action is required after this time.
Support and assistance
Lifeline and SANE Australia provide crisis support services.
Lifeline
Lifeline telephone counselling (13 11 14) and Suicide Call Back Services (1300 659 467) are available 24 hours. There are also Crisis Supporters available online from 7pm – midnight, 7 days a week at www.lifeline.org.au.
SANE Australia
SANE connects Australians with mental health professionals online. You can access SANE support services at www.sane.org/get-help.