Insurables — Australian business risk, sourced and dated

Why a trade ticket carries no insurance condition

In short

  • A trade or high-risk work licence tests whether a person can safely and competently do a class of work — it does not test or record what commercial insurance stands behind them.
  • That is a deliberate design, not an oversight: insurance duties attach to whoever trades and contracts, and the licence is held by the individual who does the work.
  • It is also the most commonly misread fact in this whole area, because people assume a licensing regime and an insurance regime must move together.

A tradesperson checks their licence for an insurance clause, finds none, and draws one of two wrong conclusions: either that insurance does not matter for their trade, or that the regulator has simply forgotten to mention it. Neither is right. The licence was never the place that requirement was going to live.

The categories-of-work register for NSW building and trade licences lists dozens of classes — painting, tiling, waterproofing, roof plumbing, kitchen and bathroom renovation, swimming pool building, and more — and the requirements set for holding each of them are about training, experience and, for higher-risk classes, examination. Insurance sits elsewhere.

What the licence is actually testing

A licence or a high-risk work ticket answers one question: is this person competent and authorised to do this class of work. A scaffolder’s licence says the holder can erect and dismantle scaffold safely. A tiling licence says the holder meets the experience and competency standard NSW sets for that trade.

None of that has anything to do with who bears the cost if the work goes wrong commercially. That is a separate question, answered by whoever the licence holder is contracting with — an employer, a principal contractor, a homeowner, a scheme — and by whatever those parties have agreed.

Where the insurance question actually lives instead

For residential building work, the Home Building Compensation scheme provides cover attached to the project rather than to the licence, and it carries its own set of structural exemptions — contracts below a set threshold, built-in furniture, build-to-rent and several others — that apply the same way regardless of which trade is doing the work.

For commercial work, the requirement almost always arrives as a contract term from whoever is engaging the licence holder, because that is the party carrying the risk if something goes wrong on site. The licence tests capability once; the contract sets the commercial terms for this particular job.

The trap this creates

Because the ticket is silent, it is easy to assume silence means nothing is required anywhere. That assumption survives right up until a principal contractor’s onboarding pack, a tender document or a landlord’s lease asks for evidence of cover the tradesperson does not hold, and there is no licence clause to point to as a defence — because the licence was never the source of the requirement.

The safer starting position is to treat the licence and the insurance question as two separate checks that happen to be about the same job: one with the licensing body, one with whoever is engaging the work.

Questions

If my licence does not require it, why do I keep getting asked for a certificate?
Because the person asking is not the licensing body — they are a principal, a client or a landlord imposing their own contract requirement, which is a separate and entirely valid basis for the request even though the licence itself says nothing about it.
Is there any trade licence in NSW where insurance is genuinely irrelevant?
No trade is free of the underlying exposure — the work can still cause loss or injury. What varies is only whether the licence itself makes cover a condition of holding it. Most do not; the exposure and the commercial requirement to cover it exist regardless.
Does a sole trader with a ticket and no employees still need to think about this?
Yes. Having no employees changes a workers compensation question, not a public liability one — the licence remains silent either way, and a client or principal can still require evidence of cover from a sole trader exactly as they would from a company.

Sources

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