Electrical Safety and Other Legislation Amendment Regulation 2024

Changes clarify that testing of energised electrical equipment is a form of energised electrical work (otherwise known as live work). This includes where the electrical equipment needs to be energised in order to:

• locate or detect a fault or defect in electrical equipment
• measure performance of electrical equipment
• verify compliance with the Wiring Rules.

Testing to decide whether electrical equipment is energised or not (i.e. testing for dead) is a separate category of testing and is always considered live work.

Persons conducting a business or undertaking (PCBU) and workers are required to comply with the requirements for ‘electrical work on energised electrical equipment’. This includes the following steps to ensure that risks and hazards for the work are identified and minimised, such as:

• conducting a risk assessment
• preparing and following a safe work method statement
• using the correct tools and personal protective equipment
• ensuring the area is clear of obstructions
• identifying the point of disconnection or isolation from the source of electricity
• consulting with the person with management or control of the workplace.

Changes clarify that owners of residential land must have approved safety switches installed for any general purpose socket-outlet in the domestic residence within 90 days after:

• you become the owner of residential land; or
• as an owner of residential land, a residential tenancy agreement you entered into starts.

Learn more about safety switches.

Changes update the example of facilities that may be provided by a person in control of the electrical installation in section 76 of the ES Regulation to timber backing for a closed eye bolt.

Changes enhance Queensland’s implementation of the Electrical Equipment Safety System (EESS) to ensure it continues to operate as intended.

The changes include:

• clarifying what is second-hand in-scope electrical equipment (known as a second-hand item) and who is required to comply with requirements for selling second-hand items
• clarifying the definition of ‘certificates of suitability’ as those issued for level 1 or 2 in-scope electrical equipment in Queensland or under a corresponding law and done so in accordance with the Equipment Safety Rules
• clarifying that recognised external certification schemes (known as RECS or declared schemes)
  • can issue certificates of suitability
  • are subject to conditions on their declaration for the certificate of suitability
  • must issue certificates in accordance with the Equipment Safety Rules
• ensuring that the regulator publishes notices of intending to approve a declared scheme on a website (rather than in a newspaper).

Learn more about the Electrical Equipment Safety System.

Changes clarify circumstances in which an accredited auditor inspection is not required prior to reconnection or connection of an electrical installation to an electricity supply in a hazardous area following electrical work.

These amendments clarify that inspection by an accredited auditor is not required where all of the following apply. The:

• electrical installation is being connected or reconnected following electrical work
• electrical work is replacement of electrical equipment and is in accordance with the prescribed circumstances (‘like for like’)
• electrical equipment being replaced is not a switchboard, cable or wire
• electrical installation is in a hazardous area.

The replacement equipment must comply with the prescribed circumstances in section 221A of the ES Regulation.

To meet the prescribed circumstances when replacing electrical equipment that consumes electricity, the replacement equipment must meet all of the following criteria. It must:

• have the same voltage rating as the equipment being replaced
• have a current rating that is not greater than the current rating of the equipment being replaced
• have a power rating that is not greater than the power rating of the equipment being replaced
• perform its function in the same way as the equipment being replaced
• have electrical characteristics that are the same as or better than the electrical characteristics of the equipment being replaced including when the equipment is operating in circumstances other than normal circumstances
• be designed to operate at the same frequency range as the equipment being replaced.

To meet the prescribed circumstances when replacing electrical equipment that controls electricity, the replacement equipment must meet all of the following criteria. It must:

• have the same voltage rating as the equipment being replaced
• have the same current rating as the equipment being replaced
• perform its function in the same way as the equipment being replaced
• have electrical characteristics that are the same as or better than the electrical characteristics of the equipment being replaced including when the equipment is operating in circumstances other than normal circumstances
• be designed to operate at the same frequency range as the equipment being replaced.

Replacement of electrical equipment in a high voltage electrical installation always requires inspection by an accredited auditor prior to connection or reconnection to an electricity supply.

Changes clarify that records of assessment for safety observers under section 279 of the ES Regulation must continue to be kept in accordance with Schedule 9 of the ES Regulation. This amendment does not change any existing requirements, it simply corrects an erroneous reference.

Changes name GoldlinQ as a prescribed electricity entity in the ES Regulation.

Changes streamline existing information sharing practices within the Office of Industrial Relations (OIR) to support the enforcement and administration of Acts administered by regulators within OIR.

Information obtained while exercising functions under the Electrical Safety Act 2002 (ES Act) may now be shared with persons exercising functions under the Labour Hire Licensing Act 2017, the Safety in Recreational Water Activities Act 2011 (SRWA Act) and the Work Health and Safety Act 2011 (WHS Act) for the purposes of enforcement and administration of each of the Acts.

Likewise, information obtained while exercising functions under the SRWA Act or the WHS Act may also be shared with persons exercising functions under Acts administered by the regulator (being the WHS Act, SRWA Act and ES Act).

Changes introduce new penalty infringement notice offences (on the spot fines) into the SPE Regulation for WHS Regulation offences relating to quad bike and crystalline silica substance requirements.

New on the spot fines aim to reduce the risk of quad bike injuries and fatalities by encouraging compliance with quad bike regulations and ensuring that:

• the operator of the quad bike is at least 16 years old (or the minimum age recommended by the quad bike’s manufacturer)
• quad bikes are not used to carry passengers (unless they are designed to carry passengers, and passengers meet the age requirements)
• workers wear a crash helmet while riding (including as a passenger) the quad bike.

Learn more about quad bike regulation.

New on the spot fines aim to encourage compliance with the engineered stone ban and crystalline silica substances (CSS) regulations, ensuring that PCBUs:

• do not allow or direct workers to perform work that involves manufacturing, supplying, processing or installing engineered stone benchtops, panels or slabs
• notify the regulator before removing, repairing, making minor modifications or disposing of engineered stone outside the scope of the ban
• control the processing of CSS
• comply with silica risk control plans requirements when the processing of a CSS being undertaken is high risk
• comply with record keeping requirements when silica risk training is provided.

Learn more about infringement notice offences under the WHS Regulation and CSS regulation.

From 1 January 2025, electrical contractors must notify the Electrical Safety Office within 10 business days where a qualified technical person (QTP) or qualified business person (QBP) is no longer eligible to be endorsed on the licence.

Further, amendments clarify that the automatic suspension and automatic cancellation of an electrical contractor’s licence where there is no QTP or QBP endorsed on the licence respectively occur after 30 days (rather than one month). This is intended to alleviate ambiguity caused by variation in the length of months within the calendar year.

From 1 January 2025, requirements for electrical work on energised electrical equipment are extended to apply to electrical work near energised electrical equipment. Changes include:

• a prohibition on performing electrical work near energised electrical equipment; or
• if an exempted circumstance applies (see section 14 of the ES Regulation), workers and PCBUs must comply with additional safety requirements.

Near, in relation to electrical equipment, means within three metres of any exposed energised part of the equipment.

Additional guidance is currently being prepared and will be available on our website soon. In the meantime, learn more about your responsibilities in the questions and answers to common queries about the ESOLA Regulation.

From 1 January 2025, workers are prohibited from working in or otherwise entering the roof space of a domestic building unless:

• relevant electrical installations are de-energised (i.e. the power is turned off); or
• either of the exempted circumstances apply (and additional safety measures are undertaken including a risk assessment, statement for the work or entry, and compliance with record keeping requirements). Exempted circumstances are where
  • it is not reasonably practicable to carry out the work or enter while the electrical installation is de-energised; or
  • the thing (non-electrical equipment) needs to be energised in order to test, service or commission the thing.

Penalties will apply to persons conducting a business or undertaking (PCBU) and workers who fail to comply with these new requirements.

This new requirement applies to all:

• types of work including plumbing, pest control, insulation activities, gas fitting, roof and ceiling repair, and electrical work (including air-conditioning installation)
• situations where any part of your body enters the roof space (including just your hand or moving through the roof space to access the roof)
• class 1, 2 and 10a buildings under the Building Code of Australia which includes houses, duplexes, apartments, town houses, sheds, garages, guest houses, small hostels and boarding houses.

Additional guidance is currently being prepared and will soon be available on our website and our Electrical safety website.

Learn more about ceiling spaces and your responsibilities in the questions and answers to common queries about the ESOLA Regulation.

From 1 April 2025, water equipment is prescribed as prescribed electrical equipment.

Water equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that:

• is operated or used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage
• can only be operated or used when connected to an external source of electricity
• is designed for use in the interior of the container of a swimming pool, paddling pool, spa or bathtubs.

Water equipment may include pool lights, pool pumps and pool heaters.

Water equipment does not include battery powered toys, battery powered pool cleaners, submersible phones and waterproof camera devices.

This means water equipment is subject to the same legislative framework as other electrical equipment. This means the following will apply:

• Supply chain duties – persons designing, manufacturing, supplying, selling and installation water equipment must be familiar and comply with their duties under the electrical safety framework.
• Licensing requirements – electrical work on water equipment must only be done by the holder of an appropriate electrical work licence.
• Incident notification requirements.
• Ministerial recalls of faulty or unsafe products.

Learn more about prescribed electrical equipment.

From 1 July 2025, electrical safety inspectors may issue penalty infringement notices (on the spot fines) where a PCBU fails to ensure that workers only carry out work in, or enter domestic roof spaces in, accordance with the ES Regulation.

Learn more about infringement notice offences under the ES Regulation.