Questions
NOTE: Until the date your licence is renewed in 2008, or until the first anniversiary of the date your 3-year licence commenced, builders and pool builders are required to undertake CPD under the previous arrangements.
CPD requirements
1. Who has to do CPD?
If you hold a building or pool building licence or certificate as an individual, you are required to do CPD.
2. What CPD system do I follow?
Until the date your licence is renewed in 2008, or until the first anniversiary of the date your 3-year licence commenced, you are required to do CPD under the 25-point system. Once your licence is renewed in 2008, or the first anniversiary of the date your 3-year licence commenced has past, you are required to to CPD under the 12-point system.
3. What if I only work part-time?
If you want to keep your licence or certificate you must do CPD.
4. I don’t work in the industry at present but still want to keep my licence. Do I need to do CPD?
Yes, if you want to keep your licence or certificate you must do CPD. This means you will keep up-to-date with new products, systems and technologies as well as legal responsibilities both for your benefit and the benefit of your consumers.
5. What if I’m retired?
So long as you want to keep your licence or certificate, you must do CPD.
6. I am a trainer and also hold a builder’s licence. Must I do CPD in order to renew my licence?
Yes, if you want to keep your licence or certificate you are required to do CPD.
7. Are there exceptions to CPD?
Yes, the Commissioner's Guidelines allow exemptions in extenuating circumstances. Each case is assessed on its own merits. The circumstances for granting exemptions are limited and in most cases relate to serious illness or misadventure.
Keeping records
1. What records should I keep?
You must keep a diary record of your CPD activities, along with evidence whenever possible, such as a certificate, academic record or attendance record or a receipt if you purchase or hire learning resources. If you are audited by Fair Trading you can then prove that you complied with the CPD requirements.
2. How do I prove I have attended a training session or CPD activity?
The training provider or organiser should provide a standard record of attendance document. You should also keep a note of the details of the session in your CPD diary. In addition, documents such as a Statement of Attainment or Certificate issued by a registered training organisation are also relevant.
3. What happens if I attend a course or event and don’t receive evidence that I attended?
You should ask the training provider or organiser to provide this information. If they are unwilling or unable to provide sufficient evidence and the activity was promoted as a CPD activity, contact Fair Trading on 13 32 20 about this possible breach of the Commissioner’s Guidelines.
4. What about watching a training video/DVD? How do I prove I have been spending my time on a CPD activity?
You should make a diary record of the name of the video/DVD, the subject matter, the length and the date you watched it.
5. Does Fair Trading keep a register with information about my CPD points?
No. It is your responsibility to keep records of your CPD. These should be retained for three licence renewal periods.
Compliance matters
1. What is the actual date I must have all my CPD completed by?
You must complete all CPD requirements by the renewal date of your licence or certificate.
2. How will Fair Trading know that I have completed my CPD points?
Fair Trading assumes that the claims made on the statement in your licence or certificate of registration renewal are true. Fair Trading audits these claims by the following methods:
requesting that you supply your supporting documents, receipts, academic transcripts etc
cross checking this information with training providers.
Audits are conducted on both a regular and random basis.
3. Will my licence be renewed even if I haven’t earned all my points?
The Home Building Act states that CPD must be completed before an application for renewal or restoration of a licence or certificate can be accepted. If you do not comply with the CPD requirements Fair Trading may reject your application until you have completed the points. You need to provide Fair Trading with reasons setting out why you have not met the CPD requirements. If there are special circumstances you should apply for an exemption.
4. What action will Fair Trading take against a builder or pool builder who misrepresents CPD points on their renewal application?
Fair Trading may cancel a licence or certificate. In certain circumstances disciplinary action can also be taken. It is a criminal offence under the Crimes Act 1900 to deliberately make a false of misleading statement on your application for renewal or restoration of your licence or certificate.
CPD topics
1. How can I find out which topics I have to cover in my CPD?
CPD topics for 2008 are listed on the Keeping you up to date page. There are a wide range of areas to choose from. In future years there may also be certain compulsory topics that you will have to cover as part of your CPD.
2. How will I know if there is a compulsory topic?
If a compulsory topic is chosen for CPD it will be publicised broadly and you will be notified by Fair Trading.
3. How are the topics chosen?
A Consultative Reference Group with membership from industry and the training sector helps identify the topics. They recommend these topics to the Commissioner who then makes the final decision.
CPD activities
1. I work for a large organisation that provides regular training programs for staff? Can this training count for CPD?
Yes, this training can be included in your CPD, as long as it falls within the topic areas. It will usually earn 1 point per hour. If the training is delivered by a Registered Training Organisation and forms part of a qualification from a national Training Package, and includes assessment, it will earn 2 CPD points per hour.
2. I live in a regional area where there are no CPD courses on offer. Can I be exempt from CPD?
No. There are a range of other types of learning activities that can count towards your CPD points, in addition to traditional face-to-face training courses. These include, attending conferences, forums and workshops, on-the-job training, web based training and watching videos/DVDs. Some registered training providers offer regional CPD courses and various industry bodies and training providers provide training via flexible delivery (correspondence/web/CD-Rom etc).
3. I run a small building business and don’t have much time to attend courses. What do I do about CPD?
The CPD requirements are very flexible and allow a wide range of learning activities besides training courses, to count towards CPD points. For example, on-the-job learning, attending conferences and seminars, watching training videos and on-line learning can all count as CPD. The special needs of the industry were taken into consideration when the Commissioner’s Guidelines were developed.
4. I have a disability and cannot attend training courses. How can I complete my CPD requirements?
You can participate in other learning activities besides face-to-face training to gain your CPD points, such as web-based learning, watching videos/DVDs and correspondence courses.
5. I have a training DVD that I’ll be using for CPD. Can I pass the DVD on to my staff for their CPD training too?
Yes, your staff’s training would be considered the same as yours and would be worth the same number of points. You should be aware of copyright provisions and that you may need to purchase multiple licences.
6. How do I know if a training provider is legitimate/ accredited?
You can contact the NSW Vocational Education and Training Board (VETAB) which is responsible for registration and accreditation of registered training organisations.
Prior to 2008 licence renewal - under the 100 point/3 year system
Do I have to do CPD?
Yes, if you hold a building or swimming pool builder licence or certificate as an individual you are required to do CPD and to earn a minimum of 25 points each year. The total points required for the three-year period of your licence is 100.
What if I only work part-time?
If you want to keep your licence or certificate you are required to do CPD.
What if I don't work in the industry but want to keep my licence?
If you want to keep your licence or certificate you are required to do CPD. Many aspects of industry operations are changing quickly. You need to keep up-to-date with new products, systems, technologies and legal responsibilities and for your benefit and the benefit of consumers.
What if I'm retired?
So long as you want to keep your licence or certificate, you must do CPD.
Where does the authority come from to require me to do CPD?
The authority comes from the Home Building Act 1989 Section 40 (2D) and (2E). These sections give the Commissioner authority to require people in the residential building industry to undertake further education and training.
I've been earning points since I heard that CPD had been implemented in March 2004. Can I keep any points I've earned up to now?
Yes, you can claim any points earned from March 2004.
How many points must I earn each year?
You need to earn a minimum of 25 points per year, with a total of 100 points at the end of the three years. It is a good idea to plan ahead so that the points are achievable over the three years. You should aim to earn between 30 and 35 points each year, otherwise you may find that in year three you are trying to earn 50 points.
I've earned 50 points in my first year. Does that mean I don't have to do CPD in year two?
No, you need to earn a minimum of 25 points each year, no matter how many points you carry forward from year to year. Where you have earned 50 points at the end of the first year, you will then need to earn another 25 points in year two, so, at the end of year two you now have a total of 75 points. You then earn another 25 points in year three, so at the end of year three you now have 100 points - exactly what you need to earn in the three years. If you earn more than 100 points you can carry the extra into the next three year period.
How will the Office of Fair Trading know if I'm earning my points?
When you declare the number of points on your renewal form, the declaration must be true. It is an offence under the Crimes Act to make a false or misleading statement. The checking occurs when Fair Trading audits these claims by the following methods:
requesting that you supply your supporting documents, receipts, academic transcripts etc.
cross checking this information with training providers.
Can I earn points if I employ a registered apprentice?
Yes, you can earn 10 points for a registered apprentice, cadet or trainee that you supervise for a minimum of four months. You can claim for a maximum of two supervisions each year. If more than one person supervises an apprentice for a minimum of four months, the 10 points can be shared.
The first system that was discussed seemed very complicated. How is it better now?
The system has been streamlined so that it is easier to understand. It is also flexible enough to ensure that everyone has an opportunity to earn points. You don't have to live in a large town or Sydney in order to be able to reach the 25 points minimum each year and the 100 points by the end of the three-year period.
What is the actual date I must have all my points completed by in this three-year cycle?
After 1 March 2004, the date your licence was renewed is the date you started the three-year cycle. For example, if your licence was renewed on 5 June 2004, then you need to start earning points from that date. When you renew your licence on 5 June 2005 you will be required to tell us how many points you have earned that year - remember you should earn a minimum of 25 points. When your three-year cycle ends on 5 June 2007 you should have earned at least 100 points.
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