These Terms and Conditions apply to any person (Accredited Person) who has obtained full or provisional accreditation from the Clean Energy Council (CEC) for the design, installation, design and installation, supervision or re-instatement of SPS, Solar GC or Solar GC with battery backup or other acknowledged GC system (these design, installation, supervision and/or re-instatement works are referred to below as Regulated Works).
Accreditation by the CEC is conditional upon the person applying to become an Accredited Person (Applicant) first agreeing to be bound by these Terms and Conditions.
Any Applicant must read, and agree to be bound by, these Terms and Conditions. An Applicant confirms their acceptance of these Terms and Conditions by making the necessary declarations and duly executing the Application Form.
The CEC reserves the right to modify these Terms and Conditions (including the Code of Conduct referred to below) at any time. An Accredited Person will be deemed to have accepted and agreed to any such modified Terms and Conditions upon that Accredited Person making an application for renewal of Accreditation subsequent to those modified Terms and Conditions having been published by the CEC on its website and/ or provided to the Accredited Person as part of the renewal application materials.
2. Agreement to be bound
Each Applicant or Accredited Person agrees to at all times comply with these Terms and
Conditions, including the CEC Accreditation Code of Conduct (Code of Conduct).
3. Code of Conduct
Each Accredited Person acknowledges and agrees that, when designing or installing renewable energy systems under the Accreditation Scheme, they will be subject to, and must comply with, the Code of Conduct.
The Code of Conduct forms part of the Terms and Conditions and any failure of an Accredited Person to comply with the Code of Conduct is a breach of these Terms and Conditions.
The CEC reserves the right to modify the Code of Conduct at any time.
4. Use of information
By agreeing to these Terms and Conditions the Applicant agrees to allow information on the Applicant and the Applicants Regulated Works to be shared by government bodies and the CEC. This includes the Clean Energy Regulator and state-based electricity regulators.
5. Grounds for CEC to take action in respect of accreditation status
The CEC has the right to take action in respect of an Accredited Person’s accreditation status, or in respect of an Applicant’s application for accreditation as the case may be, in any of the following circumstances:
(a) where an Accredited Person or Applicant has failed to comply with these Terms and Conditions, including the obligations reflected in this section 4 of the Terms and Conditions;
(b) an Accredited Person has obtained accreditation as a result of fraud or misrepresentation;
(c) an Applicant or Accredited Person has failed to continue to meet or maintain compliance with all applicable accreditation criteria;
(d) where there has been a failure by an Applicant or Accredited Person to pay any applicable fees under clause 6 or fees specified on the Application form;
(e) in the case of any breach the Code of Conduct by the Applicant or Accredited Person;
(f) where there has been a failure by an Applicant or Accredited Person to co-operate with the CEC on matters relating to or arising from Accreditation, including where there has been a failure by an Accredited Person to comply in a timely manner with reasonable requests made by the CEC of that person for the provision to the CEC of information or documentation in relation to any issue relating to or arising from the performance of Regulated Works or compliance with these Terms and Conditions;
(g) where the Accredited Person provides or offers to provide services which are Regulated Works but outside the scope of the accreditation held by the Accredited Person;
(h) where the Applicant or Accredited Person engages in conduct which is of a lesser standard or of a nature other than that which might reasonably be expected of an Accredited Person by members of the public or by the Accredited Person's peers;
(i) the Accredited Person is unable to provide the services for which the person is accredited to provide by reason of impairment, injury or other factor affecting the Accredited Person's physical or mental health (including alcohol or drug use);
(j) the Applicant or Accredited Person becomes bankrupt or is an officer of an entity which is or becomes insolvent or is placed under administration;
(k) the Applicant or Accredited Person refuses to allow examination by the CEC on reasonable notice of documents and records in the possession or control of the Applicant or Accredited Person and which are relevant to matters relating to or arising from Accreditation or the conduct of Regulated Works;
(l) any wrong or misleading representations made by the Accredited Person as to the scope of accreditation held by the Accredited Person;
(m) wrong or misleading statements or reporting of facts by an Applicant or Accredited Person;
(n) any conduct or activity of the Applicant or Accredited Person which has, or may reasonably be apprehended to potentially, bring the CEC into disrepute;
(o) where there are complaints of a serious nature made against the Accredited Person that are unresolved;
(p) the Applicant or Accredited Person is found guilty by a court of having committed an offence punishable by a term of imprisonment of two years or more;
(q) where there has been any failure by the Applicant or Accredited Person to observe and conform to all relevant Australian Standards and all relevant CEC accreditation guidelines, and all applicable laws, ordinances, regulations and codes of practice;
(r) where there has been any fraudulent behaviour by the Applicant or Accredited Person;
(s) where the Applicant or Accredited Person has failed to maintain with the CEC up-to-date contact information for that person (including a street address, mailing address, and where applicable, facsimile and e-mail contact details);
(t) where the Applicant or Accredited Person has not responded to or made contact within a reasonable time after the CEC has made reasonable attempts to contact that person using the most current contact information provided by that person to the CEC; and
(u) where an Applicant or Accredited Person has failed to immediately advise the CEC of any change in that person’s circumstances which may impact on that person’s ability or entitlement to obtain or maintain accreditation or undertake Regulated Works in accordance with the conditions of accreditation and these Terms and Conditions.
(v) where an Applicant or Accredited Person has had their State or Territory, electrical workers license suspended or cancelled or has action pending as to the status of their Electrical licence.
6. Rights of the CEC
The CEC has the right to take any of the following actions or any combination of them, where an Applicant or Accredited Person has breached any of these Terms and Conditions, including the Code of Conduct:
(a) downgrade an Accredited Person's accreditation to Provisional;
(b) suspend an Accredited Person's accreditation for a period of time while the Accredited Person remedies any fault or undergoes additional training as may be directed by the CEC;
(c) put an Accredited Person on probation for a period of one year or such other period of time as the CEC deems fit;
(d) cancel the accreditation of an Accredited Person with immediate effect, and, where the CEC deems fit, on the basis that the person may not ever re-apply for accreditation;
(e) refuse re-instatement of the accreditation of a person who was previously an Accredited Person;
(f) impose a variation, restriction, condition or endorsement on the Accredited person’s accreditation;
(g) take steps to investigate the conduct of, or work undertaken by, an Accredited Person; or
(h) stop processing the application of an Applicant.
The CEC may charge fees in respect of any application for or in relation to accreditation, including any application for renewal, upgrade, or re-instatement (Fees).
The Applicant or Accredited Person agrees that their application for accreditation, including any application for renewal, upgrade, or re-instatement, is subject and conditional upon the timely payment of the Fees by that person.
In addition to their obligation to pay the Fees, the Applicant or Accredited Person agrees to bear all other costs, taxes and other charges incurred by the CEC or otherwise payable in connection with that person’s accreditation or any application in relation to that accreditation.
The CEC reserves the right to alter or vary the Fees from time to time.
8. Representations and Warranties
The Applicant or Accredited Person represents and warrants to the CEC on an ongoing basis that:
(a) that they will comply with all applicable laws, ordinances, regulations, standards and codes;
(b) all information submitted by them or on their behalf to the CEC under or in relation to the Accreditation Scheme is true, complete, accurate and not misleading;
(c) the Applicant or Accredited person holds all necessary licences, authorisations and training to design or install renewable energy systems, and to undertake Regulated Works and any ancillary work; and
(d) to the best of the Applicant or Accredited person's knowledge, there is no legal, regulatory, contractual or other restriction upon the Applicant or Accredited person performing the Applicant or Accredited Person's obligations under these Terms and Conditions.
9. Liability for damages or any other relief
CEC excludes all liability (in contract, tort including negligence, under statute, or otherwise arising)
For an action or other proceeding for damages or other relief for, or in relation to, an act or matter in good faith done or omitted to be done:
(a) in the performance or purported performance of any function; or
(b) in the exercise or purported exercise of any power;
in connection with these Terms and Conditions of the Accreditation Scheme.
Nothing in these Terms and Conditions limits or excludes liability that cannot, by law, be limited or excluded.
The Applicant or Accredited Person indemnifies and will keep indemnified the CEC, its employees, officers and agents against any and all loss, cost, damage, claim, liability or expense (including any professional costs on a client paying basis) whether in law, tort, contract or otherwise, which any of them may suffer or incur in connection with:
(a) any claim, demand, action or proceeding made or brought by any third party (Claimant) on account of any and all liability loss damage, cost (including professional costs) and expense) whether direct or otherwise) suffered or incurred or alleged to have been or to be going to be suffered or incurred, by the Claimant or any of the Claimant's officers, employees or agents, arising from or in connection with:
(i) the Applicant or Accredited Person's act or omission; or
(ii) any transaction or arrangement of whatever nature (whether for value or not) between the Applicant or Accredited Person and the Claimant or any other person relating to or in connection with the Accreditation Scheme;
(b) any negligent or unlawful act or omission or wilful misconduct on the part of the Applicant or Accredited Person in connection with these Terms and Conditions;
(c) any breach by the Applicant or Accredited Person of these Terms and Conditions; or
(d) any misleading or fraudulent information submitted by the Applicant or Accredited Person.
The right of the CEC to be indemnified under clause 7 is in addition to, and not exclusive of, any other right, power or remedy provided by law, but the CEC is not entitled to be compensated in excess of the amount of the relevant cost, liability, loss, damage or expense.
11. Incorrect information
Incorrect or incomplete information submitted by an Applicant may lead to the delay or rejection of an application and may cause the CEC to prevent the Applicant from applying for accreditation in future.