Everyone’s talking about it: can you really get a builders licence in WA, and use it in QLD? We’ve all heard the stories about getting someone getting a licence this way, or maybe it’s been offered to you. Is it a good idea?

THE BASICS

Every state has its own requirements for trades and builders who are working in the building and construction industry. From the volume or type of experience to qualifications, there are different ways to get your builders licence depending on where you live.

All states provide a few different options and hurdles, however the fundamental are the same – proving your supervisory experience with references and evidence. A few States have exams or interviews, to help confirm your technical knowledge supports the licence you want to obtain.

All State Licensing Authorities including Fair Trading and the QBCC have worked with their local industry associations and unions to put in place what can be considered the acceptable standards of experience for a Builders Licence. This evolves over time, as building technology and industry standards change, but it’s important to understand these standards are embedded in legislative and/or administrative policy. They exist for a reason, and it’s to help protect or strengthen the industry.

MUTUAL RECOGNITION AND TRANSFERRING LICENCES

Just like your driver’s licence when you move interstate, when you move to a different part of the country, Mutual Recognition protects you from having to start from scratch as a tradie or builder.

When we talk about transferring licences, this is the process of getting your licence interstate, then bringing it back to your home state. This is done using Mutual Recognition which operates on a Federal level, thereby trying to skip past the process of having to prove your supervisory experience to the State Licensing Authority responsible for licensing you in your home state.

That means if you’re using Mutual Recognition to ‘force’ the State Government to give you a licence in your home state, you aren’t using it the scheme as it is designed for.

WHY DO IT?

There is a lot of pressure put on people when they go through a Builders Licence application, both in preparing their application and having it assessed by the Government. We’ve all heard stories of people seemingly skipping through the requirements, while others can slog for months over the paperwork and still have a hard time.

It’s easy to see why it’s attractive to try and go around the rules, but when you think about a Builders Licence as a professional accreditation, the answer is never going to be looking for loopholes and shortcuts.

A good candidate for a Builders Licence will have the necessary qualifications, building industry support through licensed referees and have obtained their genuine experience over several years. If this is you, or you’re a close fit — why would you not just look to be accredited in your home State to begin with?

IMPACTS

While it’s not technically unlawful, is it ethical?

In our view, obtaining and then transferring a builders licence from WA to QLD comes with a lot of risks.

First, licence application requirements are set by legislation. The goal is to make sure that you, as a licensed individual, meet the insurable standards of construction and won’t be a risk to the public. If you don’t meet the requirements in your home state for the licence you want, maybe it’s the wrong licence for you at this point in your career.  Remember that getting a builders licence isn’t about how what you know. It’s about showing the highest level of experience that type of licence covers.

If you do meet the requirements, but aren’t sure you’ll be successful by applying, give us a call –  our specialists can help you get to the bottom of it by talking through your industry experience with you.

Second, the time and cost associated with this process is higher than applying in your home state. There are two applications, two sets of government fees, and two waiting periods to deal with. 

If you get one, your “transferred” licence might have conditions on it about your role on site or the scope of work you can do. You won’t know what they are until the licence is issued, as this is a decision made by the government. There might not be a true equivalent between your interstate licence and the licences available in QLD.

Third, if your WA licence was cancelled by the WA Government, this could cause a chain reaction that results in your QLD licence being cancelled too. This has happened previously, with legal cases raised through QCAT by people who were unable to retain their licence in QLD, after the State of Victoria cancelled their licences.

In 2021 a VCAT outcome led to a decision by the South Australian Government to refuse licence applications for anyone who was not a genuine resident of South Australia. While an unusual choice, there is now a possibility that other states may choose to adopt this practice in the future. The more people attempt to manipulate the Mutual Recognition legislation by obtaining a licence in a state where they do not plan to live or work, the greater the risk of this happening.

Lastly, at the end of this interstate process you’ll have to deal with your state government anyway. Your Mutual Recognition application must be lodged in person, and the QLD government is aware of this practice. That’s the thing about shortcuts: you’re just moving the labour elsewhere.

Mutual Recognition in no way guarantees an outcome; the Licensing Authority in each state has the right to making a final decision. If there are concerns around your eligibility or risk to the industry, there is a strong chance your application for Mutual Recognition would be refused. The only option at that point is the Administrative Appeals Tribunal, an expensive and time consuming process

LOOKING FORWARD

There are a lot of different factors that go into a successful builders licence application. Construction Licensing’s specialist team is experienced in assisting people navigate how they fit the criteria of the licence they want, and giving feedback on suitable pathways if they aren’t there yet.

It can be a long, hard road to get one – but holding a Builders Licence is a professional accreditation that demonstrates and evidences your right to build. There are important discussions to be had around how “hard” the process is or should be – but it should never be easy.

We believe that if it’s worth doing, it’s worth doing right – no loopholes, no shortcuts. Call us today.