Accreditation Terms and Conditions

1. where an Accredited Person has failed to comply with these Terms and Conditions, including the obligations reflected in this section 4 of the Terms and Conditions;
2. an Accredited Person has obtained accreditation as a result of fraud or misrepresentation;
3. an Accredited Person has failed to continue to meet or maintain compliance with all applicable accreditation criteria;
4. where there has been a failure by an Accredited Person to pay any applicable fees under clause 7 or fees specified on the application form;
5. in the case of any breach of the Code of Conduct by the Accredited Person;
6. where there has been a failure by an 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;
7. 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;
8. where the 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;
9. 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);
10. the Accredited Person becomes bankrupt or is an officer of an entity which is or becomes insolvent or is placed under administration;
11. the Accredited Person refuses to allow examination by the CEC on reasonable notice of documents and records in the possession or control of the Accredited Person and which are relevant to matters relating to or arising from accreditation or Regulated Works;
12. any wrong or misleading representations made by the Accredited Person as to the scope of accreditation held by the Accredited Person;
13. any wrong or misleading statements or reporting of facts by the Accredited Person;
14. any conduct or activity of the Accredited Person which has, or may reasonably be apprehended to potentially, bring the CEC into disrepute;
15. where there are complaints of a serious nature made against the Accredited Person including unresolved complaints and/or complaints resulting in an adverse finding at a tribunal or court of law;
16. where the Accredited Person is found guilty by a court of having committed an indictable offence;
17. where there has been any failure by the Accredited Person to observe and conform to all relevant Australian Standards, CEC accreditation guidelines, and applicable laws, ordinances, regulations and codes of practice;
18. where there has been any fraudulent behaviour by the Accredited Person, including but not limited to, fraudulent declarations made to the CEC, the Clean Energy Regulator, state-based electricity regulators, distributed network service providers and/or registered REC agents;
19. where the Accredited Person has failed to maintain with the CEC up-to-date contact information for that person (including a street address, mailing address, email address and phone contact details);
20. where the 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;
21. where the 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;
22. where the Accredited Person has had any state or territory electrical workers license suspended or cancelled or has action pending as to the status of their electrical licence; and
23. where the CEC determines that the Accredited Person is not a fit and proper person to hold accreditation having taken into consideration matters relating to dishonesty, disregard for the relevant Australian Standards, CEC accreditation guidelines, and applicable laws, ordinances, regulations and codes of practice and risk to consumers or the community more broadly.

The CEC may take any of the following actions or any combination of them, where an Accredited Person has breached any of these Terms and Conditions, including the Code of Conduct:

1. downgrade an Accredited Person's accreditation to provisional;
2. 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;
3. place an Accredited Person on probation for a period of one year or such other period of time as the CEC deems fit;
4. cancel the accreditation of an Accredited Person with immediate effect, and, where the CEC deems fit, on the basis that the person may never re-apply for accreditation;
5. refuse re-instatement of the accreditation of a person who was previously an Accredited Person;
6. impose a variation, restriction, condition or endorsement on the Accredited person’s accreditation;
7. take steps to investigate the conduct of, or work undertaken by, an Accredited Person;
8. stop processing the application of an Accredited Person.

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 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 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.

The Accredited Person represents and warrants to the CEC on an ongoing basis that:

1. that they will comply with all applicable laws, ordinances, regulations, standards and codes;
2. 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;
   
3. the 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
4. to the best of the Accredited Person's knowledge, there is no legal, regulatory, contractual or other restriction upon the Accredited Person performing the Accredited Person's obligations under these Terms and Conditions.
   

1. in the performance or purported performance of any function; or
2. in the exercise or purported exercise of any power;
3. 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.

1. 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:
   1. the Applicant or Accredited Person's act or omission; or
   2. 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;
2. any negligent or unlawful act or omission or willful misconduct on the part of the Accredited Person in connection with these Terms and Conditions;
3. any breach by the Accredited Person of these Terms and Conditions; or
4. any misleading or fraudulent information submitted by the Accredited Person
   
   The right of the CEC to be indemnified under clause 9 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.