The PBR legislation is silent on the requirements and processes for accrediting a PBR Qualified Person (QP), resulting in uncertainty.
There are currently no provisions in the PBR legislation or procedure in the PBR Manual of Practice that gives the Registrar with the power to revoke or refuse to renew a Qualified Person’s (QP) accreditation. The requirements for QP accreditation and renewal are also vague, and the power for the Registrar to charge fees are indirect and have caused confusion. The PBR Act and PBR Regulations are silent in relation to what legislative requirements exist to maintain accreditation. Appeal processes for approving or maintaining the role is limited to judicial review, and not within the scope of the AAT.
Clarifying the requirements and processes for QPs will reduce uncertainty for stakeholders, however, this will need to be balanced against being overly prescriptive to minimise regulatory burden.
Identified for action 24 June 2021
IP Australia welcomes feedback and evidence on this issue to support possible further work.