Can an ACT Electrical Contractor Be Ordered to Rectify Work 10 Years After Its Work Is Complete?

Yes—the ACT Government’s City and Environment Directorate construction licences guidance says the Constructions Occupations Registrar can act against a licensee, partner or directors of a corporation, even after deregistration, to rectify construction work for up to 10 years after the construction service is complete (figures checked 1 October 2026). A former licensee can therefore still be required to take the action stated in a rectification order. The 10-year point is an outer limit for Registrar action, not an automatic order at the end of that period.

When can the Registrar make a rectification order?

The Registrar must have a reasonable basis for assessing the construction service. The guidance links this assessment to the Construction Occupations (Licensing) Act 2004, Building Act 2004, Electricity Safety Act 1971 and Water and Sewerage Act 2000.

The cited guidance does not state a monetary threshold, a complete defect list or an automatic trigger. Whether the reasonable-grounds test is met depends on the particular service and the Acts cited by the Registrar.

Does the electrician need a current ACT licence?

Providing a construction service in the ACT requires a licence, and electricians are expressly included in the occupations licensed under the Construction Occupations (Licensing) Act 2004. A licence must be maintained and must be valid whenever its holder is working in construction.

That licence requirement governs current work. It does not remove the separate exposure described by the guidance for a former licensee whose earlier service is the subject of a rectification order.

Does deregistration stop the Registrar from acting?

No. The guidance expressly says the Registrar can act against a licensee, partner and directors of a corporation despite deregistration. The stated period runs from completion of the construction service and can continue for up to 10 years.

However, the guidance does not say that:

• every order remains active for the full period;
• the Registrar must act at the end of 10 years;
• an order issues automatically whenever a fault is discovered; or
• every type of construction work will be subject to rectification action.

The 10-year wording describes the outer limit available to the Registrar, not a guarantee that action will occur.

Who can be ordered to act or become subject to Registrar action?

Different roles are treated differently in the guidance.

The clearest express duty to perform the action is placed on the licensee or former licensee. For a partner or director, the guidance refers to Registrar action but does not say that the person must personally carry out the physical rectification. The wording of the particular order and any applicable legal advice should determine the actual obligations.

What should an electrician do after receiving notice?

These are practical information-gathering steps, not a substitute for the formal order or the regulator’s process:

1. Record the notice exactly. Keep the order or written direction with the job file, including the action stated and the capacity in which the recipient is named.
2. Identify the relevant role. Check whether the notice concerns a current licensee, former licensee, director or partner status.
3. Assemble the job records. Retain the contract, scope, plans, test results, variations, photographs, correspondence and evidence of completion.
4. Check licensing details. The Access Canberra register can be used to confirm information about licensed construction practitioners.
5. Seek specialist advice. Have the order and the cited Acts assessed before responding where liability or compliance is unclear.
6. Check the insurance position. Read the policy’s PDS and contact the insurer or broker rather than assuming the cost of rectification is covered.
7. Contact the regulator for procedural information. The Construction and Work Place Licensing team is the contact team listed on the ACT Government page.

The cited guidance does not set out the formal service, objection, review or compliance process, so those details should be confirmed with the regulator.

Does a rectification order mean insurance will pay?

No conclusion about insurance can be drawn from the licensing guidance alone. A rectification order is a regulatory direction; the policy’s PDS and the circumstances of the claim determine whether insurance responds, what conditions apply and whether any costs are excluded.

This is general information, not financial or legal advice. Check the current regulator page and your policy’s PDS before deciding how to respond.

Sources

• Construction licences — City and Environment Directorate - Planning

FAQ

Does an electrician need a current licence to work in the ACT?

Yes. The ACT guidance says electricians must be licensed under the Construction Occupations (Licensing) Act 2004. The licence must be current and valid whenever the holder is working in construction.

Can a former licensee still receive a rectification order?

Yes. A former licensee is expressly included. If an order is made, the former licensee must take the action stated in it.

Does deregistration end exposure after 10 years?

No. The Registrar can act despite deregistration for up to 10 years after the construction service is complete. That is the outer limit for action, not an automatic order at the end of the period.

Can a partner or director still be targeted?

The guidance says the Registrar can take action against a partner and directors of a corporation despite deregistration. It also says an order may be made on a director of a construction service. The exact action required should be confirmed from the order.

Will insurance cover the cost of rectification?

The licensing guidance does not decide insurance coverage. Check the policy’s PDS, exclusions and conditions, then discuss the order with the insurer or broker.