The duly qualified person (DQP) manages cooling water systems on a routine basis, on behalf of the occupier.The occupier can engage a DQP to perform part of their role under the amended Regulation.
The Public Health Act 2010 (the Act) defines the DQP as a person who installs, operates or maintains a cooling water system.
DQPs are typically employed by a water treatment company, mechanical services company or other organisation involved in the management of cooling water systems.
The Act and Public Health Regulation 2022 (the Regulation) require certain actions to be performed by a DQP. These include:
The occupier may choose to contract a DQP to fulfil other responsibilities on their behalf, including:
Occupiers may employ more than one DQP to manage different aspects of a system.
Yes. The occupier may carry out the role of the DQP if they meet the definition in the Act.
Persons involved in the installation, operation and maintenance of cooling water systems should ensure they comply with the requirements set out by NSW Fair Trading.
A licence from NSW Fair Trading may be required before any air-conditioning or refrigeration work can be undertaken in NSW, regardless of the cost of the work and regardless of whether the work is residential, commercial or industrial.
Further information can be obtained from NSW Fair Trading.
DQPs must complete the monthly report (Approved Form 3) each month to document:
DQPs must provide the monthly report to the occupier.
The DQP must sample the system every month to test for the presence of Legionella and other bacteria (heterotrophic colony count). Samples must be taken in accordance with AS/NZS 3666.3:2011 Air-handling and water systems of buildings - Microbial control - Performance-based maintenance of cooling water systems.
Samples must be tested by a laboratory accredited by the National Association of Testing Authorities.
The DQP must urgently implement control strategies set out in the RMP and AS/NZS 3666 Part 3 if a test result shows:
The occupier must notify a test result to the local government authority as a reportable test result if it shows:
A reportable test result indicates that the management of the system needs to be urgently reviewed in order to prevent an outbreak of Legionnaires’ disease.
Reportable test results must be notified by the occupier to the local government authority, within 24 hours of receiving the result. The notification must be made in writing by completing the notification of reportable test results (Approved Form 4).
The occupier may engage another person, such as the DQP or laboratory, to make the notification to the local government authority on their behalf.
Required documents and information must be either kept in hard copy on the premises, or kept electronically and made available for inspection within 4 hours of request by an authorised officer.
Required documents include:
Required information is the name and contact details of each DQP and competent person who provided services in the last 5 years.
The NSW Guidelines for Legionella Control in Cooling Water Systems explain the new requirements in detail, including the roles of the DQP.
This series of factsheets summarises the key information for each stakeholder. The full set of factsheets can be found on Legionella control.
NSW Health has developed the Legionella Control in Cooling Water Systems training program together with TAFE NSW. DQPs are encouraged to complete this training.
A licence from NSW Fair Trading may be required before any design, installation and maintenance of cooling water systems can be carried out. Further information can be obtained from NSW Fair Trading.
