Victorian Painters Licensing

[daniel.wurm]

In Victoria, the National Institute of Painting and Decorating has surveyed over 550 members of the painting industry, with support from Aussie Painters Network. The survey responses thus far reveal that:

74% of Victorian painters believe licensing is 'very important'
74% of Victorian painters believe licensing should be limited to qualified painters
85% believe Certificate III Painting and Decorating (or equivalent) should be the minimum qualification
55% believe licensing should be required for any work over $1000
96% believe licensing should be required for companies, and 93% for sole traders
55% believe interstate licenses should be recognised in Victoria
The majority believe licensing should cost less than $200 per year

The above results will form the basis for our submission to the Victorian Building Authority. Informal discussions with VBA have been positive so far, as the Building Regulations are up for review this year.

Please sign the petition here:

https://www.change.org/p/victorian-buil ... n-victoria

[daniel.wurm]

According to the Victorian Auditor General's Office, 'building industry regulation in Victoria is failing to provide reasonable levels of consumer protection'.

Master Builders Association of Victoria Chief Executive Officer Radley De Silva said a figure quoted in the report that 28 percent of all consumers who engaged tradespeople to help build or renovate a home were experiencing problems – many of poor workmanship – highlighted the lack of requirements for tradespeople to be registered provided they were working for a registered builder, an issue he said Master Builders had been talking about for years.

Whereas Queensland and New South Wales have around 50,000 and 40,000 registered tradespeople respectively, De Silva says Victoria has only 2,000.

“This means that there are unregistered tradespeople who are pouring the concrete of people’s homes, putting the bricks around their homes and putting the roof above their heads,” De Silva said. “Unregistered tradespeople also operate knowing there is a low risk of government regulators turning up at their sites to check on their performance or compliance. It is not surprising therefore that there are high rates of poor workmanship being experienced. This is evidence of the need for a broader trades registration program in this State.”

If painter's licensing is included in the new Home Building Regulations, it could come into effect as early as next year. How will this affect your business, and how would it work? Here are answers to the most common questions about painters licensing.

Who would regulate licensing?
The Victorian Building Authority, and Building Commission

How much would it cost a painter to be licensed?
Less than $200 per year, or $450 for 3 years

Who would need to get licensed?
All contractors performing work over $1000, including companies, sole traders, partnerships, and supervisors.

How would I get licensed?
Painters would need to apply for licensing just like in other states such as NSW, QLD, WA and SA. They would need to supply proof of their qualifications, experience, and comply with any regulations.

What qualifications would I need?
Painters who have completed Certificate III Painting and Decorating, or an apprenticeship as a painter and decorator would be eligible to get licensed. Painters with no qualifications, but who have more than four years experience would need to get qualified through a process called Recognition of Prior Learning, and have any gaps in their skills addressed through gap-training. This process can be completed in as little as 4 -6 weeks, depending on previous experience. The purpose of this requirement is to ensure that all professional painters are trained in:

• Erection of Scaffolding
  Safe lead paint and asbestos work practices
  Working Safely at Heights
  Erection of Trestles and planks
  Preparation of Surfaces for Painting
  Wallpaper hanging
  OHS Requirements
  Spray-painting

This will lead to higher quality workmanship, and safer work practices for all painters. Painters who have been trained in the correct way to do things are less likely to cut corners.

All painters applying for licensing would need to complete a short business course, such as 'BSBSMB401A Establish Legal and Risk management Requirements of Small Business'. This course is available on-line and in class from Registered Training Organisations. The course covers subjects such as:

• Business Planning
  Business Structures
  OHS Management
  Contracts
  Taxation
  Insurance

This training will make sure all licensed painters are aware of their legal obligations and business best practice. It takes about 1 - 2 days to complete this course, depending on previous knowledge.

Both of the above qualifications would need to be subsidised by the government for the first year to enable existing workers to get qualified.

What about interstate licenses?
Under the Mutual Recognition ACT, interstate licenses from SA, NSW, QLD and WA would be recognised in Victoria, and Victorian painters wanting to work in other states could apply for mutual recognition.

How could a painter lose a license?
A painting contractor could lose their license if they:

• Do not operate their business in accordance with OHS regulations and are prosecuted for breaches of the safety legislation
  enter into bankruptcy or a scheme of arrangement with creditors
  the company is deregistered or becomes subject to a winding up order or to the appointment of an external administrator or controller.
  there is a risk to the public that they will be unable to carry out work that they have contracted
  their licence was improperly obtained
  not using the correct form of a contract
  taking excessive deposits
  the carrying out of work by unqualified persons
  knowingly engaging an unlicensed contractor
  lending a licence
  failure to comply with an order by a court or VCAT to pay money in respect of a building claim.

What would be the responsibilities of a licensed painter?

• The licence must be shown on all advertising, stationery and signage
  acting in a honest, fair or lawful manner regarding the operation of the individual or licensed business

Licensing offers great advantages to improve the professionalism of the painting industry. For years we have complained about 'cowboys' taking over the industry. No licensing system is perfect, but it is a significant step to improving the current situation.

If you would support the above model, please add your name to the petition here https://www.change.org/p/victorian-buil ... n-victoria