South Australia
Building Work Contractors Regulations 1996
under the Building Work Contractors Act 1995

Contents
Part 1—Preliminary
1	Citation
4	Interpretation
5	Definitions of building work etc
6	Exemptions
7	Fees
Part 2—Licensed building work contractors
8	Entitlement to be licensed as building work contractor—qualifications
9	Annual fee and return
10	Notification of change in circumstances
11	Return etc of licence
Part 3—Registered building work supervisors
12	Entitlement to be registered as building work supervisor—qualifications
13	Annual fee and return
14	Notification of changes in circumstances
15	Return etc of certificate of registration
Part 4—Requirements relating to domestic building work contracts
16	Forms
17	Unliquidated amounts under contracts
18	Authorised payments under section 30(1)(b)
19	Limitations on insurers' liability (section 35)
Schedule 1—Fees
Schedule 2—Performance criteria and kinds of work
Part A—Building work contractors licences performance criteria
1	Building work contractors licences performance criteria
Part B—Building work supervisors registration performance criteria
2	Building work supervisors registration performance criteria
Part C—Kinds of work
3	Kinds of work
Schedule 3—Forms
Legislative history

Part 1—Preliminary
1—Citation
These regulations may be cited as the Building Work Contractors Regulations 1996.
4—Interpretation
	(1)	In these regulations, unless the contrary intention appears—
Act means the Building Work Contractors Act 1995;
repealed Act means the Builders Licensing Act 1986;
revoked regulations means the Builders Licensing Regulations 1987.
	(2)	For the purposes of these regulations, a reference to a qualification, course or subject conferred or offered by a particular institution includes a reference to a qualification, course or subject of a different name conferred or offered by that institution and certified by that institution to be an equivalent qualification, course or subject.
5—Definitions of building work etc
	(1)	For the purposes of the definition of building work in section 3 of the Act, building work includes—
	(a)	the on-site construction, alteration, repair or improvement of a swimming pool or spa; and
	(b)	paving; and
	(c)	fencing (excluding post and wire fencing).
	(2)	For the purposes of the definition of domestic building work in section 3 of the Act—
	(a)	in relation to the period on or after the commencement of these regulations, domestic building work includes—
	(i)	the construction, alteration, repair or improvement of a swimming pool or spa within the external walls of a house or within the curtilage of a house; and
	(ii)	any other building work carried out within the curtilage of a house or on the boundary of the curtilage of a house;
	(b)	in relation to the period before the commencement of these regulations, domestic building work includes any work included within the meaning of that term under the repealed Act and the revoked regulations.
	(3)	For the purposes of the definition of house in section 3 of the Act—
	(a)	in relation to the period on or after the commencement of these regulations, house does not include hotels, motels, youth hostels, residential camps, boarding or lodging houses, university halls of residence, boarding school dormitories, barracks, nurses homes or residential facilities for workers or for training purposes;
	(b)	in relation to the period before the commencement of these regulations, house does not include a building not included within the meaning of that term under the repealed Act or the revoked regulations.
	(4)	For the purposes of paragraph (a) of the definition of minor domestic building work in section 3 of the Act, the prescribed sum is—
	(a)	in respect of a domestic building work contract entered into before 15 October 2001—$5 000;
	(b)	in respect of a domestic building work contract entered into on or after 15 October 2001—$12 000.
	(5)	For the purposes of paragraph (b) of the definition of minor domestic building work in section 3 of the Act, the prescribed sum is $12 000.
6—Exemptions
	(1)	A person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a gas fitting contractor or an electrical contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995.
	(1a)	A person who is authorised by licence under the Plumbers, Gas Fitters and Electricians Act 1995 to carry on business as a plumbing contractor is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited—
	(a)	to work authorised by the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995; or
	(b)	if the person's licence under the Plumbers, Gas Fitters and Electricians Act 1995 is not subject to conditions limiting the work that may be performed under the authority of the licence—to minor roof plumbing work.
	(2)	A person who is authorised by licence under the Controlled Substances (Pesticide) Regulations 1988 (see Gazette 19.5.1988 p1267) to carry on business as a pest controller is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Controlled Substances (Pesticide) Regulations 1988.
	(3)	A person who is authorised by a security agents licence or a restricted security agents licence to install or maintain security alarm or surveillance systems under the Security and Investigation Agents Act 1995 is exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor subject to the condition that any building work performed by the person is limited to work authorised by the person's licence under the Security and Investigation Agents Act 1995.
	(4)	The South Australian Housing Trust and the Minister for State Development are exempt—
	(a)	from the requirement to be licensed under Part 2 of the Act as a building work contractor;
	(b)	from the application of Division 3 of Part 5 of the Act.
	(4a)	The MFP Development Corporation and the MFP Industrial Premises Corporation are exempt from the requirement to be licensed under Part 2 of the Act as a building work contractor.
	(5)	Registered architects are exempt from the application of section 18 of the Act.
	(6)	A building work contractor is exempt from the application of Divisions 1, 3 and 4 of Part 5 of the Act in relation to a contract for the performance of domestic building work consisting solely of demolition work.
	(6a)	A building work contractor is exempt from the application of Division 3 of Part 5 of the Act in relation to—
	(a)	a contract for the construction of a multi-storey residential building in respect of the performance of domestic building work for the construction of that building;
	(b)	a contract for the performance of domestic building work if the work is performed by a building work contractor as a contractor for the South Australian Housing Trust.
	(7)	A building work contractor is exempt from the application of sections 28, 29 and 30 and Division 4 of Part 5 of the Act in relation to a contract for the performance of domestic building work if—
	(a)	the work is performed by a building work contractor as a contractor for the South Australian Housing Trust or the Minister for State Development; or
	(b)	the building owner is a body corporate that is a public company within the meaning of the Corporations Act 2001 of the Commonwealth or that is a subsidiary within the meaning of the Corporations Act 2001 of the Commonwealth of such a public company.
	(7a)	The Act does not apply to the installation, maintenance, repair or removal of a floating floor under a contract entered into after the commencement of this subregulation.
	(7b)	The Act does not apply to the installation, maintenance, repair or removal of carpet or of vinyl floor covering in circumstances in which it is not used for water proofing.
	(8)	In this regulation—
floating floor means a floor covering comprised of boards designed to be laid over a floor without being fixed to the floor;
minor roof plumbing work means building work connected with the installation, renovation, replacement, alteration, repair or maintenance of flashings, guttering, downpipes, roof flashings or roof coverings on a building, where the cost of the work is less than $3 000;
multi-storey residential building means a building that—
	(a)	has a rise in storeys of more than 3; and
	(b)	contains 2 or more separate dwellings;
storey means a space within a building situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
	(a)	a space that contains only—
	(i)	a lift shaft, stairway or meter room; or
	(ii)	a bathroom, shower room, laundry, water closet, or other sanitary compartment; or
	(iii)	accommodation intended only for vehicles; or
	(iv)	a combination of any of the facilities referred to in one or more of the above subparagraphs; or
	(b)	a mezzanine.
	(9)	For the purposes of subregulation (8)—
	(a)	the cost of roof plumbing work is to be determined as if—
	(i)	the work were performed under a contract between the plumbing contractor and another person; and
	(ii)	the contract included the supply by the plumbing contractor of all materials necessary for the work; and
	(b)	if a plumbing contractor and a person make an arrangement under which roof plumbing work at a site is to be performed in stages by the contractor, the cost of the roof plumbing work will be the sum of the cost of the work performed at each stage.
7—Fees
	(1)	The fees fixed by Schedule 1 are payable to the Commissioner for the purposes set out in that Schedule.
	(2)	The Commissioner may waive, reduce or refund a fee (or part of a fee) payable under these regulations if satisfied that it is appropriate to do so in a particular case.

Part 2—Licensed building work contractors
8—Entitlement to be licensed as building work contractor—qualifications
	(1)	For the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence authorising—
	(a)	plumbing; or
	(b)	gas fitting; or
	(c)	electrical work,
(as defined in the Plumbers, Gas Fitters and Electricians Act 1995), a natural person must have the same qualifications or experience, or qualifications and experience, as would be required for the person to be granted a licence under the Plumbers, Gas Fitters and Electricians Act 1995 for the kind of work that would be authorised by the building work contractors licence.
	(2)	For the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence authorising work other than work of a kind referred to in subregulation (1), a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in Part A of Schedule 2 to the satisfaction of the Commissioner in relation to that kind of work.
	(3)	The kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner under subregulation (2) are to be as set out in Part C of Schedule 2.
	(4)	If the kind of work to be authorised by the licence is—
	(a)	—
	(i)	plumbing; or
	(ii)	gas fitting; or
	(iii)	electrical work,
(as defined in the Plumbers, Gas Fitters and Electricians Act 1995); and
	(b)	in addition, other building work,
the person must have qualifications or experience, or qualifications and experience, such that the person meets the requirements of subregulations (1) and (2).
9—Annual fee and return
	(1)	For the purposes of section 11(2) of the Act, a licensed building work contractor must pay the fee and lodge the return on or before—
	(a)	the last day of the month in each year nominated in writing to the contractor by the Commissioner; or
	(b)	if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the contractor's licence was granted.
	(2)	For the purposes of section 11(3) of the Act, the penalty for default in paying the fee or lodging the return is as set out in Schedule 1.
10—Notification of change in circumstances
	(1)	If there is any change in—
	(a)	the residential address of a licensed building work contractor; or
	(b)	the business or trading name under which a licensed building work contractor carries on business; or
	(c)	the address at which a licensed building work contractor carries on business; or
	(d)	the address of the registered corporate office of a licensed building work contractor that is a body corporate,
the contractor must, within 14 days after that change, give written notice to the Commissioner of the new address or name (as the case may be).
Maximum penalty: $2 500.
Expiation fee: $160.
	(2)	A licensed building work contractor must, within 14 days after ceasing to carry on business as a building work contractor, give written notice to the Commissioner of that fact.
Maximum penalty: $2 500.
Expiation fee: $160.
	(3)	If a person is appointed as a director of a body corporate that is a licensed building work contractor, the contractor must, within 14 days after the appointment—
	(a)	notify the Commissioner in the manner and form approved by the Commissioner of the appointment of the new director; and
	(b)	provide the Commissioner with any information required by the Commissioner for the purposes of determining whether the new director meets the requirements for directors under section 9(2) of the Act.
Maximum penalty: $2 500.
Expiation fee: $160.
11—Return etc of licence
	(1)	If a building work contractor's licence is surrendered, suspended or cancelled, the contractor must, at the direction of the District Court or the Commissioner, return the licence to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(2)	If, on an application under section 8 of the Act, a licence has been issued to a building work contractor but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the contractor must, at the direction of the Commissioner, return the licence to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(3)	The Commissioner may issue to a licensed building work contractor a licence in replacement of a current licence if satisfied that—
	(a)	the current licence has been lost, destroyed or damaged; or
	(b)	any photograph of the contractor on the current licence should be replaced with a more recent photograph of the contractor; or
	(c)	any particulars appearing on the current licence are incorrect.
	(4)	If the Commissioner issues to a licensed building work contractor a replacement licence, the contractor must, at the direction of the Commissioner, return the original (or previous duplicate) licence to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.

Part 3—Registered building work supervisors
12—Entitlement to be registered as building work supervisor—qualifications
	(1)	For the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor authorising the supervision of—
	(a)	plumbing; or
	(b)	gas fitting; or
	(c)	electrical work,
(as defined in the Plumbers, Gas Fitters and Electricians Act 1995), a natural person must have the same qualifications or experience, or qualifications and experience, as would be required for the person to be granted registration under the Plumbers, Gas Fitters and Electricians Act 1995 for the kind of work that the building work supervisor's registration would authorise the person to supervise.
	(2)	For the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor authorising the supervision of work other than work of a kind referred to in subregulation (1), a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in Part B of Schedule 2 to the satisfaction of the Commissioner in relation to that kind of work.
	(3)	The kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner under subregulation (2) are to be as set out in Part C of Schedule 2.
	(4)	If the kind of work that the registration would authorise the person to supervise is—
	(a)	—
	(i)	plumbing; or
	(ii)	gas fitting; or
	(iii)	electrical work,
(as defined in the Plumbers, Gas Fitters and Electricians Act 1995); and
	(b)	in addition, other building work,
the person must have qualifications or experience, or qualifications and experience, such that the person meets the requirements of subregulations (1) and (2).
13—Annual fee and return
	(1)	For the purposes of section 18(2) of the Act, a registered building work supervisor must pay the fee and lodge the return on or before—
	(a)	the last day of the month in each year nominated in writing to the building work supervisor by the Commissioner; or
	(b)	if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the building work supervisor's registration was granted.
	(2)	However, a registered building work supervisor who is also a licensed building work contractor—
	(a)	must, instead of lodging the return as required by subregulation (1), lodge the return at the same time that he or she lodges a return under regulation 9; and
	(b)	is, on payment of a fee under regulation 9, exempt from paying the fee referred to in subregulation (1).
	(3)	For the purposes of section 18(3) of the Act, the penalty for default in paying the fee or lodging the return is as set out in Schedule 1.
14—Notification of changes in circumstances
If there is any change in the name or residential address of a registered building work supervisor, the building work supervisor must, within 14 days after that change, give written notice to the Commissioner of the new name or address (as the case requires).
Maximum penalty: $1 250.
Expiation fee: $80.
15—Return etc of certificate of registration
	(1)	If registration of a person as a building work supervisor is surrendered, suspended or cancelled, the building work supervisor must, at the direction of the District Court or the Commissioner, return the certificate of registration to the Commissioner.
Maximum penalty: $1 250.
Expiation fee: $80.
	(2)	If, on an application under section 15 of the Act, a certificate of registration has been issued to a building work supervisor but the fee payable in respect of the application has not been paid (whether because of the dishonouring of a cheque or otherwise), the building work supervisor must, at the direction of the Commissioner, return the certificate of registration to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.
	(3)	The Commissioner may issue to a registered building work supervisor a certificate of registration in replacement of a current certificate of registration if satisfied that—
	(a)	the current certificate has been lost, destroyed or damaged; or
	(b)	any photograph of the building work supervisor on the current certificate should be replaced with a more recent photograph of the building work supervisor; or
	(c)	any particulars appearing on the current certificate are incorrect.
	(4)	If the Commissioner issues to a registered building work supervisor a replacement certificate of registration, the building work supervisor must, at the direction of the Commissioner, return the original (or previous duplicate) certificate to the Commissioner.
Maximum penalty: $2 500.
Expiation fee: $160.

Part 4—Requirements relating to domestic building work contracts
16—Forms
	(1)	The forms in Schedule 3 are prescribed for use for the purposes indicated in the form.
	(2)	A form must—
	(a)	contain information and be completed as required or indicated by the form; and
	(b)	not contain any particulars or statements other than those required or indicated by the Act or these regulations; and
	(c)	be printed in characters not smaller than the corresponding characters in that form as set out in Schedule 3; and
	(d)	not include any printing or handwriting (other than a signature) that is not clear and legible.
17—Unliquidated amounts under contracts
	(1)	For the purposes of section 29(5)(a) of the Act, 15 per cent is prescribed.
	(2)	For the purposes of section 29(5)(b) of the Act, a domestic building contract may include a provision entitling the building work contractor to recover, if the contract specifies an hourly rate of charge, the amount determined by applying the rate to the work actually performed.
18—Authorised payments under section 30(1)(b)
For the purposes of section 30(1)(b), a payment—
	(a)	to a third party for engineering, drawing, surveying or other professional services; or
	(b)	to reimburse the cost of building indemnity insurance or the amount of any fee required to be paid under an Act in respect of the work performed or to be performed under the contract; or
	(c)	of not more than $1 000 as a deposit,
is an authorised payment.
19—Limitations on insurers' liability (section 35)
	(1)	The following are the only permissible limitations on the liability of the insurer under a policy of insurance under Division 3 of Part 5 of the Act:
	(a)	a limitation under which the insurer is not liable for the first $400 (or some stipulated lesser amount) of each claim;
	(b)	a limitation under which the total amount that the insurer is liable to pay in relation to building work or the non-completion of building work by the building work contractor in respect of a single dwelling is fixed at not less than $80 000.
	(2)	A policy of insurance under Division 3 of Part 5 of the Act—
	(a)	must contain a clause allowing a claimant at least 90 days (from the date on which the claimant becomes aware of the grounds for the claim) in which to make the claim; and
	(b)	must not confer any right on the insurer to avoid liability on the ground of misrepresentation or non-disclosure on the part of the building work contractor or on any similar ground.

Schedule 1—Fees

1	Application fee for licence (section 8(1)(b) of the Act)	$168.00	
2	Licence fee—payable before the granting of a licence under Part 2 of the Act—		
		(a)	for a natural person for the following kinds of building work (as described in Schedule 2 Part C):		
		(i)	any building work	$353.00	
		(ii)	light commercial/industrial and residential building work	$353.00	
		(iii)	residential building work	$353.00	
		(iv)	other specified building work	$178.00	
		(b)	for a body corporate for the following kinds of building work (as described in Schedule 2 Part C):		
		(i)	any building work	$786.00	
		(ii)	light commercial/industrial and residential building work	$786.00	
		(iii)	residential building work	$786.00	
		(iv)	other specified building work	$400.00	
	If the period between the grant of the licence and the next date for payment of a fee under section 11 of the Act is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the additional fee by applying the proportion that the length of that period bears to 12 months.		
3	Periodic fee for licence (section 11(2)(a) of the Act)—		
		(a)	for a natural person for the following kinds of building work (as described in Schedule 2 Part C):		
		(i)	any building work	$353.00	
		(ii)	light commercial/industrial and residential building work	$353.00	
		(iii)	residential building work	$353.00	
		(iv)	other specified building work	$178.00	
		(b)	for a body corporate for the following kinds of building work (as described in Schedule 2 Part C):		
		(i)	any building work	$786.00	
		(ii)	light commercial/industrial and residential building work	$786.00	
		(iii)	residential building work	$786.00	
		(iv)	other specified building work	$400.00	
	If the period between a date for payment of a fee under section 11 of the Act and the next date for payment of the fee under that section (as nominated by the Commissioner) is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the fee by applying the proportion that the length of that period bears to 12 months.		
4	Default penalty (section 11(3) of the Act)	$143.00	
5	Application fee to vary or revoke a licence condition (section 7(2)(b) of the Act)	$130.00	
6	Application fee for registration (section 15(1)(b) of the Act)	$168.00	
7	Registration fee—payable before registration under Part 3 of the Act	$161.00	
	If the period between the grant of the registration and the next date for payment of a fee under section 18 of the Act is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the additional fee by applying the proportion that the length of that period bears to 12 months.		
8	Periodic fee for registration (section 18(2)(a) of the Act)	$161.00	
	If the period between a date for payment of a fee under section 18 of the Act and the next date for payment of the fee under that section (as nominated by the Commissioner) is less than or more than 12 months, a pro rata adjustment is to be made to the amount of the fee by applying the proportion that the length of that period bears to 12 months.		
9	Default penalty (section 18(3) of the Act)	$143.00	
10	Application fee to vary or revoke a condition of registration (section 13(2)(b) of the Act)	$130.00	
11	Application fee for approval as a building work supervisor in relation to a building work contractor's business (section 19(3)(b) of the Act)	$100.00	
12	Application fee for exemption (section 45(1) of the Act)	$85.00	
13	Fee for replacement of licence or certificate of registration	$22.30	

Schedule 2—Performance criteria and kinds of work
Part A—Building work contractors licences performance criteria
1—Building work contractors licences performance criteria
Regulation 8(2) provides that for the purposes of section 9(1) of the Act, to be entitled to be granted a building work contractors licence, a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in the table below to the satisfaction of the Commissioner in relation to the kind of work to be authorised by the licence.

UNIT				
1.	Business Management
Applying the principles of business management in relation to a contracting business.			
ELEMENT		PERFORMANCE CRITERIA		
1.1	Applying the principles of economics, finance and management of a business organisation.	1.1.1	Prepare and apply a business plan.	
		1.1.2	Prepare a cash flow budget.	
		1.1.3	Implement financial strategies.	
		1.1.4	Apply basic accounting principles to financial transactions.	
		1.1.5	Understand and prepare—
	•	journals and ledgers;
	•	balance sheets and revenue statements.	
		1.1.6	Assess earning capacity and financial stability.	
		1.1.7	Prepare income and expenditure projections.	
		1.1.8	Identify and use sources of costing information.	
		1.1.9	Monitor financial performance.	
1.2	Applying appropriate legislation to address the administrative and legal requirements of a business organisation.	1.2.1	Understand the legal structures of a business.	
		1.2.2	Understand the significant features of the law relating to employment, dispute resolution procedures and professional liability.	
		1.2.3	Demonstrate a working knowledge of the law relating to occupational health and safety and workers compensation.	
		1.2.4	Demonstrate a working knowledge of the law relating to conservation of the environment.	
		1.2.5	Demonstrate a knowledge of the law relating to independent contractors.	
		1.2.6	Understand recording and maintenance of wage and employment records.	
		1.2.7	Demonstrate a working knowledge of mandatory taxes and insurances.	
		1.2.8	Understand basic contract administration.	
		1.2.9	Understand accident, injury and dangerous occurrence reports and obligations.	
1.3	Planning, directing and controlling tasks, people and resources in a business organisation.	1.3.1	Determine and implement objectives and priorities of a business.	
		1.3.2	Determine and implement operational strategies and methods.	
		1.3.3	Prepare estimates of time, resource and cost implications.	
		1.3.4	Implement work strategies.	
		1.3.5	Organise work groups for specific tasks.	
		1.3.6	Monitor operational performance.	
		1.3.7	Apply occupational health and safety standards within a business.	
		1.3.8	Apply mechanisms for effective employer/employee relationships.	
1.4	Addressing customer requirements.	1.4.1	Identify customer requirements.	
		1.4.2	Apply principles of business management to meet customer needs.	
UNIT				
2.	Building Work Management
Applying the principles of building work to the operation of a contracting business.			
ELEMENT		PERFORMANCE CRITERIA		
2.1	Applying the law relating to building work practice.	2.1.1	Demonstrate a working knowledge of contract law relevant to the building industry.	
		2.1.2	Understand the issues involved in the licensing and registration of builders.	
		2.1.3	Apply the statutory requirements for the regulation of building work.	
		2.1.4	Demonstrate a knowledge of the application of Australian Standards relating to building work.	
		2.1.5	Interpret building specifications requirements.	
2.2	Preparing and evaluating tenders.	2.2.1	Estimate costs.	
		2.2.2	Evaluate risks.	
		2.2.3	Prepare tender documentation.	
2.3	Determining required strategies, resources and operational requirements for construction.	2.3.1	Determine resources that need to be hired, leased or purchased.	
		2.3.2	Determine the best course of action from various options for obtaining and using resources.	
		2.3.3	Determine the requirements for temporary structures and facilities.	
		2.3.4	Prepare schedules for building work.	
		2.3.5	Update progress schedules.	
		2.3.6	Assess the need for and select measures to overcome delays.	
2.4	Establishing and operating costing systems.	2.4.1	Identify and classify costs.	
		2.4.2	Prepare a cost control system.	
		2.4.3	Prepare a project budget.	
		2.4.4	Plan the sequencing of trades.	
2.5	Applying Contract Management.	2.5.1	Select and apply the various standard forms of building contract in common use.	
		2.5.2	Determine the requirements of the contract.	
		2.5.3	Demonstrate a knowledge of progress payments, contract claims and variations.	
Part B—Building work supervisors registration performance criteria
2—Building work supervisors registration performance criteria
Regulation 12(2) provides that for the purposes of section 16 of the Act, to be entitled to be granted registration as a building work supervisor, a natural person must have qualifications or experience, or qualifications and experience, such that the person meets the performance criteria set out in the table below to the satisfaction of the Commissioner in relation to the kind of work that the registration would authorise the person to supervise.

UNIT				
1.	Building Work Management
Applying the principles of building work management in relation to the supervision of a building site.			
ELEMENT		PERFORMANCE CRITERIA		
1.1	Planning and organising on-site building work.	1.1.1	Translate building designs and specifications into operational requirements.	
		1.1.2	Develop strategies for implementing building operations.	
		1.1.3	Determine appropriate resources required including personnel, materials and equipment.	
1.2	Determining the need for coordination and installation of temporary structures and facilities for building work.	1.2.1	Determine the requirements for temporary structures and facilities.	
		1.2.2	Demonstrate a working knowledge of the most appropriate methods for provision of site facilities and preparation of detailed site layouts.	
		1.2.3	Coordinate the on-site approvals of temporary structures.	
		1.2.4	Arrange for and supervise the supply, erection, maintenance and removal of temporary structures and facilities.	
1.3	Preparing project schedules	1.3.1	Prepare schedules for building work.	
		1.3.2	Update schedules.	
		1.3.3	Prepare reports on current status.	
		1.3.4	Assess the need for and select measures to overcome delays.	
1.4	Managing on-site building work.	1.4.1	Supervise on-site operations.	
		1.4.2	Administer subcontracts.	
		1.4.3	Administer progress claims.	
		1.4.4	Organise the supply and installation of materials and equipment.	
		1.4.5	Manage appropriate operational systems including occupational health and safety, accident and injury reporting, and industrial relations.	
		1.4.6	Plan, develop and oversee safe working systems for all site work.	
		1.4.7	Communicate effectively with personnel on and off the site.	
UNIT				
2.	Building Technology
Applying the principles of building technology to on-site building work.			
ELEMENT		PERFORMANCE CRITERIA		
2.1	Applying the principles of building work practice.	2.1.1	Select and apply building principles and methods including—
	•	appraisal of site conditions;
	•	erection and construction techniques;
	•	sequencing of trades;
	•	control of plant and equipment.	
		2.1.2	Demonstrate a working knowledge of—
	•	the use of basic measuring techniques;
	•	the setting up and use on instruments to determine heights and levels;
	•	demolition methods;
	•	formwork design.	
		2.1.3	Interpret plans and specifications.	
		2.1.4	Produce simple working drawings suitable for on-site application.	
		2.1.5	Identify and select suitable materials.	
		2.1.6	Control the movement of materials on-site and their safe handling and storage.	
		2.1.7	Apply a basic understanding of—
	•	properties and behaviours of structural materials;
	•	sectional properties of structural elements;
	•	structural load calculations;
	•	performance of beams, columns and bracing;
	•	utilisation of roof truss systems.	
		2.1.8	Apply the basic principles of estimating and demonstrate a working knowledge of take-off quantities for—
	•	site works;
	•	structure;
	•	fit-out and finish.	
		2.1.9	Demonstrate a general knowledge of the process of the coordination of specialist services on-site.	
UNIT				
3.	Legislative requirements
Applying a detailed knowledge of legislative requirements in respect of on-site building work.			
ELEMENT		PERFORMANCE CRITERIA		
3.1	Applying the requirements of legislation, standards and codes relevant to on-site building work.	3.1.1	Identify the range of legislation applying to building work.	
		3.1.2	Apply the requirements of legislation and relevant standards and codes to the coordination and supervision of on-site building work.	
		3.1.3	Understand the requirements of relevant legislation, standards and codes to the performance of residential, commercial and industrial building work.	
Part C—Kinds of work
3—Kinds of work
Regulations 8(3) and 12(3) provide that the kinds of work in relation to which qualifications or experience, or qualifications and experience, are to be determined by the Commissioner are to be as follows:
	(a)	Any Building Work
Any commercial, industrial, residential and other building work.
	(b)	Light Commercial/Industrial and Residential Building Work
Divided into the following kinds of building work:
	(i)	Building work limited to—
	(A)	houses not exceeding 3 storeys; and
	(B)	other buildings not exceeding 2 storeys.
	(ii)	Building work limited to—
	(A)	houses not exceeding 3 storeys; and
	(B)	other buildings of a single storey.
	(iii)	Building work limited to additions and alterations to buildings of any kind.
	(c)	Residential Building Work
Divided into the following kinds of building work:
	(i)	Building work limited to houses not exceeding 3 storeys.
	(ii)	Building work limited to houses of a single storey.
	(iii)	Building work limited to additions and alterations to houses.
	(d)	Other Specified Building Work
Divided into the following kinds of building work:
	(i)	Other specified building work.
	(ii)	Other specified building work to be performed only—
	(A)	on a subcontract basis for a licensed building work contractor; or
	(B)	as a principal contractor working on a building project in association with other building work contractors where the building work comprised in the project is organised or supervised or both by a project manager who is a licensed building work contractor or a registered building work supervisor authorised to organise or supervise work of all of the kinds comprised in the project.

Schedule 3—Forms

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Building Work Contractors Regulations 1996 revoked the following:
Builders Licensing Regulations 1987
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
1996	73	Gazette 23.5.1996 p2547	1.6.1996: r 2	
1996	259	Gazette 23.12.1996 p2262	3.2.1997: r 2	
1997	20	Gazette 27.2.1997 p1069	1.3.1997: r 2	
1997	77	Gazette 13.5.1997 p1860	1.7.1997: r 2	
1998	70	Gazette 28.5.1998 p2324	1.7.1998: r 2	
1998	119	Gazette 28.5.1998 p2446	28.5.1998: r 2	
1999	33	Gazette 6.5.1999 p2486	6.5.1999: r 2	
1999	57	Gazette 27.5.1999 p2804	1.7.1999: r 2	
2000	78	Gazette 25.5.2000 p2750	1.7.2000: r 2	
2001	78	Gazette 31.5.2001 p2015	1.7.2001: r 2	
2001	151	Gazette 28.6.2001 p2481	15.7.2001: r 2	
2001	176	Gazette 19.7.2001 p2718	19.7.2001: r 2	
2001	214	Gazette 6.9.2001 p3969	6.9.2001: r 2	
2001	216	Gazette 13.9.2001 p4166	15.10.2001: r 2	
2001	236	Gazette 18.10.2001 p4608	18.10.2001: r 2	
2002	70	Gazette 20.6.2002 p2551	1.7.2002: r 2	
2002	155	Gazette 8.8.2002 p3033	1.9.2002: r 2	
2003	90	Gazette 29.5.2003 p2239	1.7.2003: r 2	
2003	147	Gazette 12.6.2003 p2500	12.6.2003: r 2	
2004	62	Gazette 27.5.2004 p1480	1.7.2004: r 2 	
2005	78	Gazette 26.5.2005 p1461	1.7.2005: r 2	
2005	248	Gazette 1.12.2005 p4094	1.12.2005: r 2	
2006	123	Gazette 15.6.2006 p1810	1.7.2006: r 2	
2007	134	Gazette 7.6.2007 p2503	1.7.2007: r 2	
2008	47	Gazette 22.5.2008 p1721	22.5.2008: r 2	
2008	56	Gazette 5.6.2008 p1888	1.7.2008: r 2	
2009	161	Gazette 4.6.2009 p2672	1.7.2009: r 2	
2010	6	Gazette 28.1.2010 p327	1.4.2010: r 2	
2010	53	Gazette 10.6.2010 p2696	1.7.2010: r 2	
2011	77	Gazette 9.6.2011 p2104	1.7.2011: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Pt 1			
rr 2 and 3	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 5			
r 5(3)	varied by 214/2001 r 3	6.9.2001	
r 5(4)	substituted by 216/2001 r 3	15.10.2001	
r 5(5)	inserted by 216/2001 r 3	15.10.2001	
r 6			
r 6(1)	varied by 33/1999 r 3(a)	6.5.1999	
r 6(1a)	inserted by 33/1999 r 3(b)	6.5.1999	
r 6(4)	varied by 20/1997 r 3(a)	1.3.1997	
r 6(4a)	inserted by 20/1997 r 3(b)	1.3.1997	
r 6(6a)	inserted by 155/2002 r 3(a)	1.9.2002	
r 6(7)	varied by 20/1997 r 3(c)	1.3.1997	
	varied by 151/2001 r 3	15.7.2001	
r 6(7a) and (7b)	inserted by 6/2010 r 4(1)	1.4.2010	
r 6(8)	inserted by 33/1999 r 3(c)	6.5.1999	
floating floor	inserted by 6/2010 r 4(2)	1.4.2010	
multi-storey residential building	inserted by 155/2002 r 3(b)	1.9.2002	
storey	inserted by 155/2002 r 3(b)	1.9.2002	
r 6(9)	inserted by 33/1999 r 3(c)	6.5.1999	
Pt 2			
r 9			
r 9(1)	substituted by 176/2001 r 3	19.7.2001	
r 9(2)	varied by 77/1997 r 3	1.7.1997	
	varied by 70/1998 r 3	1.7.1998	
r 10			
r 10(1) and (2)	varied by 259/1996 r 3 (Sch cl 5)	3.2.1997	
r 10(3)	inserted by 119/1998 r 3	28.5.1998	
	substituted by 176/2001 r 4	19.7.2001	
r 11			
r 11(1)	r 11varied by 259/1996 r 3 (Sch cl 5)	3.2.1997	
	r 11 varied and redesignated as r 11(1) by 176/2001 r 5(a), (b)	19.7.2001	
r 11(2)—(4)	inserted by 176/2001 r 5(b)	19.7.2001	
Pt 3			
r 13			
r 13(1) and (2)	substituted by 176/2001 r 6	19.7.2001	
r 13(3)	varied by 53/2010 r 4	1.7.2010	
r 14	varied by 259/1996 r 3 (Sch cl 5)	3.2.1997	
r 15			
r 15(1)	r 15 varied by 259/1996 r 3 (Sch cl 5)	3.2.1997	
	r 15 varied and redesignated as r 15(1) by 176/2001 r 7(a), (b)	19.7.2001	
r 15(2)—(4)	inserted by 176/2001 r 7(b)	19.7.2001	
Pt 4			
r 19			
r 19(1)	varied by 155/2002 r 4	1.9.2002	
Pt 5	deleted by 47/2008 r 4	22.5.2008	
Sch 1 before substitution by 70/2002	substituted by 77/1997 r 4	1.7.1997	
	substituted by 70/1998 r 4	1.7.1998	
	substituted by 57/1999 r 3	1.7.1999	
	substituted by 78/2000 r 3	1.7.2000	
	substituted by 78/2001 r 3	1.7.2001	
	varied by 176/2001 r 8	19.7.2001	
	varied by 236/2001 r 3	18.10.2001	
Sch 1 before substitution by 62/2004	substituted by 70/2002 r 3	1.7.2002	
	varied by 90/2003 r 4	1.7.2003	
Sch 1	substituted by 62/2004 r 4	1.7.2004	
	substituted by 78/2005 r 4	1.7.2005	
	substituted by 248/2005 r 4	1.12.2005	
	substituted by 123/2006 r 4	1.7.2006	
	substituted by 134/2007 r 4	1.7.2007	
	substituted by 56/2008 r 4	1.7.2008	
	substituted by 161/2009 r 4	1.7.2009	
	substituted by 53/2010 r 5	1.7.2010	
Sch 2			
cl 1	Pt A redesignated as cl 1 by 147/2003 Sch 1	12.6.2003	
cl 2	Pt B redesignated as cl 2 by 147/2003 Sch 1	12.6.2003	
cl 3	Pt C varied and redesignated as cl 3 by 147/2003 Sch 1	12.6.2003	
Sch 3			
Form 1			
Item 11	varied by 155/2002 r 5	1.9.2002	
Transitional etc provisions associated with regulations or variations
Regulations Variation (Common Expiation Scheme) Regulations 1996 (No 259 of 1996)
4—Transitional provision
A regulation varied or revoked by these regulations will continue to apply (as in force immediately prior to the variation or revocation coming into operation) to an expiation notice issued under the varied or revoked regulations.
No 155 of 2002
6—Transitional provision
The variations made to the principal regulations by these regulations do not apply in relation to domestic building work contracts entered into before the commencement of these regulations.
Historical versions
Reprint No 1—3.2.1997		
Reprint No 2—1.3.1997		
Reprint No 3—1.7.1997		
Reprint No 4—28.5.1998		
Reprint No 5—1.7.1998		
Reprint No 6—6.5.1999		
Reprint No 7—1.7.1999		
Reprint No 8—1.7.2000		
Reprint No 9—1.7.2001		
Reprint No 10—19.7.2001		
Reprint No 11—6.9.2001		
Reprint No 12—15.10.2001		
Reprint No 13—18.10.2001		
Reprint No 14—1.7.2002		
Reprint No 15—1.9.2002		
Reprint No 16—1.7.2003		
1.7.2004		
1.7.2005		
1.12.2005		
1.7.2006		
1.7.2007		
22.5.2008		
1.7.2008		
1.7.2009		
1.4.2010