New liquor licensing laws pass Parliament

Following extensive community and industry consultation, new liquor licensing laws were passed by Parliament yesterday.

The Liquor Licensing (Liquor Review) Amendment Bill 2017 will reduce red tape and administrative burden for industry, while strengthening our laws to minimise alcohol related violence.

More details can be found on the Attorney-General’s Department website.

The changes will be implemented in different stages, with further consultation in 2018 on the new fee structure and aspects of the new licensing regime.

Consumer and Business Services will work closely with industry bodies and liquor licence holders to ensure a smooth transition.

You are encouraged to sign-up for liquor licensing reform announcements and consultation opportunities.

Subscribe to the liquor licensing reform mailing list.


Unlicensed tradie fined $15,000 for breaches – media release

An unlicensed contractor who stole from one client and whose work was of such a poor standard his clients had to spend tens of thousands of dollars fixing it has been fined $15,000 and ordered to repay one of his victims $20,000 in the Adelaide Magistrates Court for breaches of the state’s Building Work Contractor’s Act.

Read the full media release – unlicensed tradie fined $15,000 for breaches (PDF 129KB)


Court assessor nominations

The occupational licensing Acts require the Minister of Consumer and Business Services to establish panels of court assessors to sit with the Magistrates Court or District Court in certain civil and disciplinary proceedings.

Court assessors will be appointed under the following legislative streams:

  • Building Work Contractors Act 1995
  • Second-hand Vehicle Dealers Act 1995
  • Plumbers, Gas Fitters and Electricians Act 1995
  • Land Agents Act 1994
  • Land Valuers Act 1994
  • Conveyancers Act 1994
  • Security and Investigation Industry Act 1995

There are two types of court assessors:

• Industry court assessors – are qualified and experienced in their nominated occupation and trade. They must be registered as a licence holder under a particular occupation. They provide to the court their expertise, knowledge of industry jargons and best practices.

• Consumer court assessors – represent people who are likely to deal with occupational tradespeople. They provide to the Court a consumer’s point of view about a particular trade.

A court assessor must:

• be ethical
• be able to clearly express themselves
• be able to conduct themselves with decorum in a court environment
• declare if there are any conflicts of interest before assisting a judge in a matter.

The court assessor’s role

Court assessors sit with the Court and provide relevant and impartial evidence about their trade expertise – building, conveyancing, real estate, land valuing, electrical, plumbing, gas fitter and security and investigation.

Assessors can help a judge in court proceedings by providing knowledge and technical evidence about the workings and practices of a particular trade.

Court assessors should never mislead the Court or become an advocate for their particular trade.

Court assessors may disagree with or fail to reach the same conclusion as the judge. The Court will reach its own conclusion, after considering the opinions and evidence of the court assessor.

Expression of interest

Interested individuals who wish to be nominated and considered for either the role of an industry or a consumer Court Assessor in the future can submit their expression of interest to Mr Paul Liew on CBS Regulatory Services at paul.liew@sa.gov.au or at 08 8226 8593.

Interested applicants for court assessors are also required to submit to CBS Regulatory Services the following additional documents when requested:

  • up-to-date curriculum vitae/resume
  • Submit a recent National Police Check.

Written evidence from nominee to nominated occupational/ trade association regarding their intention to apply to be a South Australian court assessor (industry court assessor applicants only)

Submit your expression of interest to be a court assessor.

Police screening

You will need to provide a national police check or DCSI screening certificate as part of your application. If you have not completed this check in the last 12 months or do not have it available to upload, you must complete a national police check before starting your application.

Nominators and supporters

CBS may consult with the trade or occupational representative associations before appointing the successful nominee for the role as a court assessor

Consumer court assessors are not required to obtain any support for any organisation.

As industry court assessors seek to represent their various trades to the South Australia Judiciary, it is crucial that the applicant has the confidence of its trade or occupational representative body. As such it is strongly encouraged for industry court assessor applicants to inform their nominated occupation or trade representative organisations of their interest in writing.

The following representative bodies can be considered:

Occupation/ Trade Organisation Contact number Email
Land agents,

Land valuers

Australian Property Institute (API) (08)
8132 0092
sa@api.org.au

 

Land valuers Royal Institute of Chartered Surveyors (RICS) (02)
9216 2333
salbin@rics.org

 

Land agents Real Estate Institute of South Australia (REISA) (08)
8366 4300
reisa@reisa.com.au

 

Electricians National Electrical and Communications Association (NECA) (08)
8272 2966
neca@necasa.asn.au

 

Plumbers Master Plumbers Association South Australia inc (MPASA) (08)
8292 4000
admin@mpasa.com.au

 

Electricians, plumbers Communications Electrical and Plumbing Union, SA

(CEPU)

(08)
8234 2130
webmail@cepusa.com.au

 

Gas fitters Australian Pipeline Gas Group (APA) (08)
8159 1661
NetworksSACustomerRelations@apa.com.au

 

Gas fitters Transport Workers Union (TWU) (08)
8340 5900
info@twusant.com.au 
Building work contractors Housing Industry Association of SA (HIASA) (08)
8340 5900
b.gardner@hia.com.au
Building work contractors Master Builders Association (MBA) )(08)
8346 4177
enquiries@mbasa.com.au

 

Second-hand vehicle dealers Motor Trade Association of South Australia (MTA) (08)
8291 2000
mta@mta-sa.asn.au

 

Second-hand vehicle dealers Australian Automobile Dealers Association (AADA) (02)
9150 6991
vinesh@vsgeorge.com.au

 

Security staff Australian Security Industry Association (ASIAL) (02)
8425 4300
security@asial.com.au

 

Security staff National Security Association of Australia (SA) Inc. (NSAASA) (07)
3852 1656
vic@morrisseytraining.com.au

 

Please kindly attention your letter to the Commissioner for Consumer and Business Services as follows:

Mr Dini Soulio

Commissioner for Consumer and Business Services

c/o Regulatory Services

Consumer and Business Services

GPO Box 1719

Adelaide SA 5001

Further enquiries

Contact Paul Liew of CBS Regulatory Services at paul.liew@sa.gov.au or at 08 8226 8593.

 


Changes to residential tenancies legislation – CBS News

Commencing 3 July 2017

The changes aim to clarify or provide solutions to several administrative issues that have been raised by industry.  It is important that all parties to a residential tenancy understand their rights and obligations.

Right to entry – section 72

In most cases, the landlord must provide a minimum period of notice to the tenant to attend the premises. However, there may be circumstances where the tenant would like the landlord to attend the premises more quickly to deal with certain matters.

The changes now allow the landlord to attend the premises at the tenant’s request to:

  • Carry out non-urgent repairs and maintenance (including garden maintenance) without the landlord needing to give the required notice.
  • Show the property to prospective tenants as soon as possible to minimise break lease fees, if the tenant wants to terminate the lease early (at least 28 days earlier).

Other than these circumstances, the existing notice periods and requirements for showing prospective tenants through the property still apply.

Landlords cannot initiate or entice any request. The request must be the tenant’s own choice.

Termination by tenant if residential premises for salesection 85A

If the landlord enters into a contract for sale of the property within two months after the tenancy commences and the landlord did not inform the tenant (before entering into the tenancy) of their intention to sell then the tenant has the right to terminate the lease.

If the landlord:

  • Gives the tenant written notice of the contract for sale of the property, then the tenant must exercise their right to terminate within two months of receiving this notice.
  • Does not give written notice to the tenant, then the tenant may terminate the lease at any time.

This amendment only applies to new tenancy agreements entered into on or after 3 July 2017.

Abandoned property – other than personal documents  – section 97B

Presently, once a landlord has taken possession of the premises, they must wait two business days before removing, destroying or disposing of abandoned property. The landlord must allow the tenant reasonable access to the property during this time to reclaim abandoned items.

New Form 2

The Form 2 ‘Notice by landlord to remedy breach of agreement – Notice of termination’ has been updated to reflect information about delivery by ordinary post and to clarify existing requirements to complete and serve the notice on the tenant.

The new Form 2 is available from the sa.gov website.

There will be a transition period for using the new Form 2. Old versions can still be used up until the end of September 2017. However, from 3 July 2017 landlords/agents are encouraged to complete the new Form 2.

For more information

Residential Tenancies (Miscellaneous) Amendment Act 2016