rangement of Provisions
1. Short title and commencement
3. Act binds Government
Division 1 - General
6. Engagement of registered
7. Power to grant registration
10. Processing of application
Division 2 - Certificates
11. Certificate of registration
12. Annual renewals
13. Register of Plumbers
Division 3 - Suspension,
Removal and Restoration
14. Suspension and removal
15. Restoration of names
Division 1 - Association
16. Continuation of Association
17. Functions and powers
Division 2 - Executive Committee
21. Tenure of office
22. Resignation, removal and
Division 3 - Meetings
23. Annual General Meetings
24. Special General Meetings
25. Meetings of Executive
26. General provisions
2 Plumbers 2014, No. 26
Division 4 - Funds and Fees
27. Funds and accounts of
28. Accounting records and audit
Division 1 - Handling
31. Investigation and prosecution
Division 2 - Hearing and
determination of complaints
32. Disciplinary Tribunal
33. Powers of Tribunal
Division 3 - Appeals
36. Fraudulent registration
37. Unlawful use of name, logo,
38. Persons claiming to be
39. Employing unregistered
41. Minister’s directive
42. Service of notices
43. Exemption from personal
45. Regulations and forms
46. Transitional and saving
2014, No. 26
AN ACT to regulate plumbers and plumbing trade and
services, and for related purposes. [28th
BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:
1. Short title and commencement-(1) This Act may be cited
as the Plumbers Act 2014.
2014, No. 26 Plumbers 3
(2) This Act commences on the date assented to by the Head
2. Interpretation - In this Act, unless the context otherwise
“Account” means the Plumbers Association of Samoa
Account established and maintained under section 27(2);
“Annual General Meeting” means an Annual General Meeting
of the members of the Association held pursuant to section
“approved form” means a form approved under section 45(2);
“Association” means the Plumbers Association of Samoa
continued under section 16;
“certificate of registration” means a current certificate issued
under section 11;
“Executive Committee” means the Executive Committee of
the Association established by section 19;
“member of the Association” means a member who holds a
certificate of registration;
“Minister” means the Minister responsible for the Ministry;
“Ministry” means the Ministry responsible for Works;
(a) means a registered plumber or provisionally or
temporarily registered plumber who holds a
certificate of registration; but
(b) does not include an unregistered person.
“plumbing works” means any trade, business or undertaking
principally concerned with:
(a) plumbing work, including installation alteration,
renewal or maintenance carried out in connection
(i) the supply of hot and cold water,
mechanical pipe-fitting and the fixing of ducts,
the covering of roofs (excluding non-metallic
titles and slates) and the fixing of roof gutters,
flashings and rainwater piping; or
4 Plumbers 2014, No. 26
(ii) heating, cooling and ventilation system
and sanitary system (including work incidental
to the manufacture and fabrication of such
(b) includes gas fitting work, including the installation of
pipes, fittings or apparatus in or on premises for
cooking, domestic hot water supply, heat,
industrial uses or motive power by means of air
gas, oil gas or similar agencies.
“President” means the President of the Association;
“provisionally registered plumber” means a person who is
granted provisional registration under section 7(1)(b);
“Register” means the Register of Plumbers kept and
maintained under section 13;
“registered plumber” means a person who is granted a full
registration under section 7(1)(a), and includes a person
who is granted a temporary registration;
“Secretary” means the Secretary of the Association specified
under section 19(c);
“temporary registration” means a temporary registration
granted under section 7(1)(c);
“Tribunal” means the Disciplinary Tribunal established by
“unregistered person” means:
(a) a person whose registration has been revoked or not
renewed under this Act (including a person whose
registration has been suspended, during the period
of suspension); or
(b) a qualified person who has not been registered under
3. Act binds Government - This Act binds the Government.
REGISTRATION OF PLUMBERS
Division 1 - General
4. Prohibition-(1) A person must not undertake any kind of
plumbing works in Samoa unless the person:
2014, No. 26 Plumbers 5
(a) is registered under this Act and holds a certificate of
(b) holds a certificate of exemption under section 5; or
(c) is the owner or occupier of a premises who carries out
minor repairs on a tap or pipes within the premises;
(d) is a plumbing apprentice working under the
supervision of a registered plumber.
(2) A person who contravenes subsection (1) commits an
offence and on conviction is liable to a fine not exceeding 50
penalty units or to imprisonment for a term not exceeding
12 months, or both.
5. Exemptions-(1) The Executive Committee:
(a) may determine that a person, group of persons, or
persons employed by certain entity, or that certain
classes or types of work, be exempted from the
provisions of this Act; and
(b) must consider each case on its merit and make a final
(2) The Secretary must publish the details of an exemption in
any newspaper in circulation in Samoa, but the non-publication
does not invalidate the exemption.
(3) Exemptions may be applied for, and approved on an
(4) A certificate of exemption signed by the President is to be
issued upon payment of an exemption fee.
6. Engagement of registered plumbers-(1) Subject to section
4, a person who undertakes plumbing works must engage a
registered plumber to carry out the plumbing works.
(2) A provisionally registered plumber must not be engaged
under subsection (1) except to carry out plumbing works under
the direction and supervision of the registered plumber who is
responsible for the plumbing works of the provisionally registered
6 Plumbers 2014, No. 26
(3) A person who contravenes subsection (1) or (2) commits
an offence and on conviction is liable to a fine not exceeding 100
penalty units or to imprisonment for a term not exceeding two (2)
years, or both.
7. Power to grant registration-(1) The Executive Committee
(a) grant the application and the full registration of the
applicant if the Committee is satisfied that the
applicant fulfils the requirements of this Act; or
(b) grant the application and the provisional registration of
the applicant for up to three (3) years, with
conditions, if the Committee is satisfied that the
applicant partially fulfils the requirements because
the applicant is in the process of satisfying the
qualification or experience requirements under
section 8 until the requirements are met; or
(c) grant the application and the temporary registration of
the applicant for up to a period prescribed by
regulations, with conditions to be imposed, if the
Committee is satisfied that the applicant is a non-
citizen of Samoa who is a qualified plumber
required to work temporarily in Samoa; or
(d) refuse the application if the Committee is satisfied that
the applicant does not meet the qualification for
registration under this Act.
(2) The Executive Committee must direct the Secretary to
notify the applicant in writing of its decision and reasons, before
registering the applicant in the Register pursuant to section 13.
(3) The Secretary may destroy applications for registration
after three (3) years from the date of registration.
8. Qualifications - A person is qualified to be registered as a
plumber if the person:
(a) meets the qualification and work experience
requirements as prescribed by regulations; and
(b) satisfies the Executive Committee that he or she is of
good character; and
2014, No. 26 Plumbers 7
(c) meets any other requirement prescribed by regulations.
9. Application-(1) A person may apply for registration in the
(2) The application must:
(a) be accompanied by the application fee; and
(b) be submitted to the Secretary; and
(c) be submitted with the following -
(i) evidence of relevant qualifications; and
(ii) evidence of relevant work experience;
(iii) two (2) written references as to the
person’s good character; and
(iv) any other information required by the
10. Processing of application-(1) When an application is
received, the Secretary must inform the members of the Executive
(2) The Executive Committee:
(a) must meet to consider any application; and
(b) may make a decision on it.
(3) The Executive Committee may require an applicant to
personally attend the Committee to be examined or to verify any
matter in the application.
(4) The Executive Committee may:
(a) refuse the application, if the applicant fails to attend
the Committee; or
(b) defer the application until the applicant responds to
any matter required by the Committee.
Division 2 - Certificates and Register
11. Certificate of registration - A certificate of registration is
to be issued and signed by the President, upon payment of the
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12. Annual renewals-(1) The Executive Committee may
renew a certificate of registration annually on 31 December in
each year upon payment of the renewal fee.
(2) The plumber must, at least three (3) months before 31
December in each year, apply in the approved form (submitted to
the Secretary) for renewal of the certificate of registration by 31
(3) If the renewal application is made but the Executive
Committee has not considered the application by 31 December,
the certificate of registration is taken to have been renewed.
13. Register of Plumbers-(1) The Secretary must keep and
maintain a Register of Plumbers at the Association’s office, and
enter into it the following details:
(a) the names and qualifications of registered persons; and
(b) any restrictions or conditions of registration; and
(c) the place and address of the registered person’s
employment or business; and
(d) any other detail determined by the Executive
(2) The Secretary must make available the Register for public
inspection at the Association’s office during business hours,
subject to the payment of inspection fee.
(3) The Secretary must, in a prescribed period, publish a list of
all registered persons in the Register, including any restrictions or
conditions of registration, and a list of persons deregistered, in
any newspaper in circulation in Samoa.
Division 3 - Suspension, Removal and Restoration
14. Suspension and removal-(1) The Executive Committee
may suspend or remove the registration of a plumber from the
Register if the plumber:
(a) obtains the registration by fraud or misrepresentation;
(b) is convicted -
(i) of an offence under this Act; or
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(ii) in Samoa or another country, of any
offence that, in the opinion of the Executive
Committee, renders that person unfit to provide
plumbing services as a plumber; or
(c) ceases to hold the qualifications upon which the person
was registered; or
(d) fails to pay any fees determined under section 29 or
any penalty imposed under section 34(b); or
(e) refuses or fails to comply with any rules made by the
Executive Committee under this Act.
(2) The plumber must be given an opportunity to be heard
orally or in writing, and either in person or through a representative.
(3) The Secretary must enter onto the Register, the Executive
Committee’s decision and its reasons, before notifying the plumber
against whom the decision is made.
15. Restoration of names-(1) The Secretary must restore, to the
Register, the name of the plumber who was suspended or removed
under section 14 or 34, following the expiration of the suspension
period or a successful appeal under section 35.
(2) The plumber whose name has been restored under
subsection (1) must pay the restoration fee.
PLUMBERS ASSOCIATION OF SAMOA
Division 1 - Association
16. Continuation of Association-(1) The Plumbers
Association of Samoa incorporated under the Incorporated
Societies Ordinance 1952 continues as if it were established by
this section as a body corporate with perpetual succession and a
(2) The Association may:
(a) hold and dispose property; and
(b) enter into contracts or other arrangements; and
(c) sue and be sued; and
10 Plumbers 2014, No. 26
(d) do and suffer any other thing that bodies corporate may
lawfully do and suffer.
17. Functions and powers-(1) The functions of the Executive
(a) to consider and decide applications for registration and
(b) to determine the criteria, prescribed qualifications and
standards necessary for registration of plumbers; and
(c) to determine the different levels of membership and fees
that apply; and
(d) to conduct inquiries and investigations into the activities
and conduct of plumbers and to make final
determinations in that regard; and
(e) to institute prosecutions for offences committed against
this Act, with the consent of the Attorney General;
(f) to make demands or claim in connection with the
plumbing industry matters on behalf of the
Association, on any person or organisation owing
monies to the Association; and
(g) to employ staff to manage the Association’s office; and
(h) to appoint committees or sub-committees for such
purposes as it thinks necessary and may delegate
any of its powers to those committees or sub-
(i) to collect fees determined under section 29; and
(j) to promote and encourage proper conduct amongst
plumbers and to preserve and maintain the integrity
and status of the Association; and
(k) to affiliate the Association with any organisation,
association, chamber or body corporate or
incorporate, with similar objects to those of the
Association to the benefit of the Association; and
(l) to advise the Ministry and other government Ministries
or agencies on matters relating to plumbing trade
and plumbing services; and
2014, No. 26 Plumbers 11
(m) to carry out public awareness about plumbing trade
and plumbing trade standards; and
(n) to assist members maintain competency in the
plumbing trade and delivery of plumbing services;
(o) to protect the interests of the Association and the
interests of the public in relation to plumbing trade
and the delivery of plumbing services; and
(p) to carry out other functions conferred on it under this
Act or any other enactment.
(2) The Association has all the powers that are necessary or
expedient to enable it to carry out its functions under this Act.
18. Membership-(1) A person who is registered under this Act
automatically becomes a member of the Association from the date
(2) The Association may make rules for membership, including
admission of other persons as members of the Association.
Division 2 - Executive Committee
19. Establishment - The Executive Committee of the
Association is established consisting of the following officers
elected from amongst the members at an Annual General Meeting
of the Association:
(a) the President;
(b) the Vice-President;
(c) the Secretary;
(d) the Treasurer;
(e) five (5) other members.
20. Functions - The Executive Committee has the following
(a) to act as the executive body of the Association;
(b) to carry out the functions and powers of the Association;
(c) to manage the affairs of the Association;
(d) to carry out other functions given to it under this Act or
any other enactment.
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21. Tenure of office - A member of the Executive
(a) is elected until the date of the next Annual General
(b) is eligible for re-election.
22. Resignation, removal and replacement-(1) A member of
the Executive Committee may:
(a) resign from office in writing to the Executive
(b) be removed from office by the Association at a Special
General Meeting on any of the following grounds -
(i) neglect of duty; or
(ii) misconduct; or
(iii) bankruptcy; or
(iv) conviction in Samoa or another country
of a serious crime punishable by imprisonment
for at least two (2) years.
(2) In subsection (1):
“misconduct” includes any of the following:
(a) failure to disclose or to take all reasonable steps to
avoid any real or apparent conflict of interest in
relation to his or her membership of the Executive
(b) use of information belonging to or under the control of
the Association or the Executive Committee other
than for the purpose or functions of the Association
or the Executive Committee;
(c) failure to act with integrity as a member of the
(d) misuse of status or authority as a member of the
Executive Committee to seek or obtain a benefit
for him or her or any other person;
(e) any other prescribed conduct.
“neglect of duty”, includes:
(a) failure to attend three (3) consecutive meetings of the
Executive Committee without approval of the
2014, No. 26 Plumbers 13
(b) neglect of duty arising out of physical or mental
(c) leaving Samoa permanently; or
(d) any other prescribed conduct.
(3) If there is a vacancy in the Executive Committee, the
Association may, in a Special General Meeting, elect a member of
the Association to fill the vacancy for the unexpired term.
(4) A vacancy in or any irregularity in the appointment of a
member of the Executive Committee does not affect any decision
made by the Committee.
Division 3 - Meetings
23. Annual General Meetings-(1) An Annual General
(a) is to be held in the first quarter of each calendar year,
at a date, time and place as determined by the
Executive Committee; and
(b) is to be notified by the Secretary, at least 10 working
days before the nominated meeting date, by notice
in any newspaper in circulation in Samoa; and
(c) is to be convened with a quorum of at least 25% of the
(2) At an Annual General Meeting, the Executive Committee
must present at the Meeting a report on the affairs of the
Association during the preceding year together with a financial
report duly audited.
24. Special General Meetings - The Executive Committee
may, at any time and whenever required to do so by 10% of the
members of the Association, call a Special General Meeting of the
Association at a time and place (being within 20 working days after
receipt of a written notice) to be determined.
25. Meetings of Executive Committee - The following rules
apply to a meeting of the Executive Committee:
(a) to meet at the time and place it determines;
(b) four (4) members constitute a quorum;
14 Plumbers 2014, No. 26
(c) the decision is the decision of the majority;
(d) the chair of the meeting has an ordinary vote and a
(e) it may invite a member or other person to attend its
meeting and assist in its deliberations but without
26. General provisions-(1) This section applies to:
(a) any Annual General Meeting; and
(b) any Special General Meeting; and
(c) any meeting of the Executive Committee.
(2) A meeting is to be chaired:
(a) by the President; or
(b) if the President if absent, by the Vice-President; or
(c) if the President and Vice President are both absent, by
a member of the Executive Committee elected by
(3) Subject to this Act, the Association may regulate procedures
Division 4 - Funds and Fees
27. Funds and accounts of Association-(1) The funds of the
Association consist of:
(a) any fees determined under section 29(1) and penalties
imposed under section 34(b); and
(b) any other money received by or on behalf of the
(2) The Association must:
(a) establish and maintain the “Plumbers Association of
Samoa Account”, at a bank in Samoa; and
(b) ensure that all monies lawfully received by the Executive
Committee or by any officer, member or agent of the
Association on its behalf, are deposited into the
(3) Funds for the Account may only be drawn by cheque signed
by the Treasurer and countersigned by the Secretary as authorised
for that purpose by the Executive Committee.
2014, No. 26 Plumbers 15
(4) Despite subsection (2), the Executive Committee may open
any other account of the Association if it considers appropriate that
a separate account should be kept for any specific purpose or to
ensure that the Association’s funds are properly managed and
28. Accounting records and audit-(1) The Association must
keep proper records and books of accounts and cause its Account
and other accounts to be audited annually by an independent
external auditor appointed by the Executive Committee.
(2) The Treasurer must provide to every member a copy of the
annual accounts together with the auditor’s report of the accounts at
the Annual General Meeting.
29. Fees-(1) The Executive Committee may, by Notice in the
Savali, determine the fees under this Act by resolution at an Annual
General Meeting or a Special General Meeting.
(2) In this section, “fees” includes application fee, registration
fee, membership fee, renewal fee, Register inspection fee,
exemption fee, restoration fee and any other fees as may be
determined by the Executive Committee.
(3) The fees are effective from the date they are published in the
Savali, but the non-publication does not invalidate the fees.
(4) This section does not apply to fees and charges for plumbing
services which are to be prescribed by regulations.
Division 1 - Handling of Complaints
30. Complaints-(1) In this Part, “plumber” means the
plumber who is subject to a complaint for disciplinary
proceedings under this Part.
(2) A person may make a written complaint to the Executive
Committee against a plumber for improper professional conduct
as prescribed by regulations.
(3) The complaint is to be sent to the Secretary.
16 Plumbers 2014, No. 26
31. Investigation and prosecution-(1) When a complaint is
received, the Executive Committee may appoint one of its
members, a member of the Association or any other person to
investigate the complaint.
(2) When the investigation is completed, the Executive
Committee must immediately serve on the plumber a notice:
(a) specifying the allegations against the plumber in
sufficient detail to enable the plumber to
adequately prepare a response to the allegations;
(b) specifying the time and place for the inquiry by the
(c) informing the plumber that he or she may appear either
in person or with legal or other representative; and
(d) informing the plumber of the right to call witnesses
and cross-examine witnesses called against him or
(e) informing the plumber of the right to have the
assistance of an interpreter at the expense of the
Association if he or she so desires; and
(f) informing the plumber that if he or she does not appear
at the time and place specified in the notice, then
the Tribunal will proceed with determining the
matter in his or her absence.
(3) The Executive Committee may appoint a lawyer to present
the case against the plumber, or to assist the Executive Committee
in the conduct of the disciplinary proceedings.
Division 2 - Hearing and
determination of complaints
32. Disciplinary Tribunal-(1) The Disciplinary Tribunal is
established comprising the following members:
(a) a lawyer with at least five (5) years of practice, as
(b) a member of the Association (other than a member of
the Executive Committee); and
(c) a lay person.
2014, No. 26 Plumbers 17
(2) The Executive Committee appoints the members of the
Tribunal, subject to terms it considers appropriate.
33. Powers of Tribunal-(1) The Tribunal has the following
(a) to hear and determine complaints;
(b) to hear and determine any preliminary matters;
(c) to adjourn its proceedings and regulate other
(d) to reserve its decision which is to be delivered
expeditiously and without undue delay;
(e) to carry out any other powers conferred on it by this
(2) The Tribunal has the same powers and privileges that are
conferred on a Commission of Inquiry by the Commissions of
Inquiry Act 1964 and witnesses at the disciplinary proceedings
have the same protection as they have under that Act.
(3) The Tribunal may suspend the registration of the plumber
pending the determination of the complaint.
(4) Following the hearing of the complaint, Tribunal must:
(a) make a final determination of the complaint; and
(b) record its decision, including the findings on which the
decision is based and reasons for the decision; and
(c) provide a copy of the decision to the plumber.
(5) If the decision is against a plumber who is a public
servant, the Secretary must immediately send a copy of the
decision to the Public Service Commission and to the plumber’s
Chief Executive Officer.
34. Penalties - If the Tribunal finds against a registered
plumber for improper professional conduct, the Tribunal may
impose one (1) or more of the following penalties:
(a) reprimand the plumber; or
(b) impose a penalty not exceeding 50 penalty units,
payable to the Association; or
(c) suspend the registration of the plumber from the
Register for a period to be determined by the
Executive Committee; or
18 Plumbers 2014, No. 26
(d) remove the registration of the plumber from the
Division 3 - Appeals
35. Appeals-(1) A plumber who is dissatisfied with a decision
of the Executive Committee under section 14 or the Tribunal
under this Part may, within 15 working days after the decision has
been communicated to the plumber or within such further time as
the Supreme Court may allow, appeal to the Supreme Court.
(2) The Supreme Court may:
(a) hear and determine an appeal; and
(b) confirm, reverse or modify, in accordance with this
Act, the appealed decision; and
(c) make any order on costs.
(3) An appeal does not amount to a stay of the decision
appealed unless a Judge of the Supreme Court orders a stay.
36. Fraudulent registration - A person commits an offence
who makes a false or misleading statement or produces a false
certificate, testimonial or other document relating to an
37. Unlawful use of name, logo, etc. - A person, other than a
plumber, commits an offence who uses any name, logo, title,
addition or description, whether in itself or in the circumstances in
which it is used states or implies that the person is a plumber.
38. Persons claiming to be plumbers - A person, including
an unregistered person, commits an offence if the person:
(a) claims to be a plumber; or
(b) signs a document as if the person is a plumber.
2014, No. 26 Plumbers 19
39. Employing unregistered persons - A person commits an
offence who employs or engages an unregistered person as if the
person were a plumber knowing the person to be an unregistered
40. Penalties - A person convicted of an offence under section
36, 37, 38 or 39 is liable to a fine not exceeding 50 penalty units
or to imprisonment for a term not exceeding 12 months.
41. Minister’s directive-(1) If the Minister is satisfied that the
affairs of the Association has not been conducted properly or it is in
the public interest that a directive be given, the Minister may give
written directive (“directive”) to the Association.
(2) The Executive Committee must ensure that a directive given
under subsection (1) is complied with.
(3) If the Minister is satisfied that the directive has not being
complied with within a reasonable time, the Minister may dissolve
the Executive Committee and appoint an interim Executive
Committee, subject to terms and conditions, from amongst other
members or from amongst other members and persons who are not
(a) to act as the interim Executive Committee for a term
determined by the Minister or until the election of a
new Executive Committee at an Annual General
(b) to deal with the directive.
(4) The Minister may issue new directives to the interim
42. Service of notices-(1) Any claim against the Association or
appeal under this Act must be served on the Secretary of the
(2) The document may be served personally or by registered
post addressed to the Secretary or by other prescribed means.
20 Plumbers 2014, No. 26
43. Exemption from personal liability - A member of the
Executive Committee or Tribunal or a member of the Association
or any other person required to carry out any functions, duties or
powers under this Act is not personally liable for carrying out in
good faith those functions, duties or powers.
44. Disputes-(1) The Association may make rules to resolve
any dispute between any of the following:
(a) the Association and a member;
(b) two (2) members;
(c) a member and a non-member.
(2) If rules are not made under subsection (1), the Association
may adopt the provisions under the Alternative Dispute
Resolution Act 2007, with necessary modifications, to resolve the
45. Regulations and forms-(1) The Head of State, acting on
the advice of Cabinet, may make regulations to give effect to or
for the purposes of this Act, and in particular may make the
(a) to prescribe the qualifications and work experience for
registration under this Act;
(b) to prescribe requirements for the use of funds the
Plumbers Association Account or other accounts of
(c) to prescribe requirements for continuous training for
(d) to regulate temporary registration of plumbers;
(e) to prescribe fees and charges for plumbing services
take into account the level or type of registration of
the registered plumber engaged in the plumbing
(2) The Executive Committee may approve forms for the
purpose of this Act.
46. Transitional and saving-(1) At the commencement of
2014, No. 26 Plumbers 21
(a) subject to its continuance by section 16 of this Act, the
Plumbers Association of Samoa incorporated under
the Incorporated Societies Ordinance 1952 is taken
to have been wounded-up voluntarily under that
(b) current members of the Executive Council continues as
if they were elected under this Act until the next
Annual General Meeting under this Act or unless
they are removed before the Annual General
(c) subject to subsection (2), current members of the old
Association are taken to be registered under this
(d) assets and liability of the old Association are vest with
the Association continued under section 16; and
(e) reference to old Association in any document is taken
to be reference to the new Association; and
(f) any proceedings against old Association continue
against the new Association.
(2) For subsection (1)(c), the members must, within 12
months of the commencement of this Act, apply for registration
under this Act.
(3) A member who fails to comply with subsection (2) ceases
to be a registered member at the expiry of that 12 month period.
(4) Regulations may be made under section 45 to deal with
any other transitional or saving matter.
The Plumbers Act 2014 is administered by the
Ministry of Works, Transport and Infrastructure.