As per ESR78 the WoEF has to be done by an inspector apart from a exception which does include PEW, so will be done by a licensed person either way.
After reading Schedule 1 in the regs a WoEF does not appear to be part of the testing mentioned in 1 (1) (a) to (d) so I dont think its PEW
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as far as been PEW, yes., ESR 65 (6) tells us certification (which is what a WOEF is?) is PEW, but does not require a COC.
In particular, while the assessment involves inspection,testing, and issuing a certificate; the relevant items in Schedule 1 are :
"the testing of work described in paragraphs (a) to (d)", "the inspection of work described in paragraphs (a) to (d)", and "the certification of work described in paragraphs (a) to (d)"
The assessment for WoEF doesn't fit; because the inspection & testing done and the certificate issued, don't relate to any of those sorts of PEW.
In fact they don't relate to any sort of PEW at all, but to a pre-existing installation .
A WoEF is closer to a periodic assessment [ ESR 75]; or to a pre-reconnection certificate [ESR 74].
Noting that, like issuing a WoEf, an current PL is a requirement for these activities (with some exceptions);
but neither of them is "inspection of PEW" or "certification of PEW either.
Now look at ESR 19, where we only have to report immediate dangers found if we find them while undertaking listed types of activity:
- carrying out PEW
- carrying out periodic assessment, and
- examining for issue of WoEF.
If assessing for WoEF were PEW, then it wouldn't be listed here as a separate & different activity.
The only reasonable conclusion is that assessing for issue of WoEF is not PEW;
and nor is doing PAs or pre-reconnection assessments.
But since these activities are not PEW, EWRB can't take action. Their disciplinary powers are mostly limited to people who do PEW (with or without a licence), plus people who breach a term of their PL; and nothing in Section 143 actually allows them to take disciplinary action against someone who falls short when issuing WoEFs, conducting PAs, or issuing a "CoV" cert for re-connection.
So it would have to be a prosecution in District Court by Worksafe.
However not having the legal power to take action hasn't stopped EWRB from acting anyway. They have taken action on at least one occasion where an Inspector issued a WoEF despite the unit not meeting the requirements for issue, and also having failed to undertake all the required checks & tests.
Seems that - like most practitioners - the Board just assume that it's all PEW, and that they have jurisdiction.
In those cases; if the practitioner had understood that it isn't PEW they should have got off . In fact it shouldn't have got as far as having a hearing.
On the other hand, under a District Court prosecution the penalties may well have been greater than what the Board dished out.