Queensland Building and Construction New Amendments

Queensland has been busy in the last few days assenting new Acts and new regulations to bring about the second and third stages for the establishment of the new building regulator, the Queensland Building and Construction Commission (QBCC), with the first stage as previously mentioned in TimeBase.

The QBCC Stages 1 and 2

In May 2013, the Queensland Government’s response to the recommendations of the Transport, Housing and Local Government Committee Report No. 14, Inquiry into the Operation and Performance of the Queensland Building Services Authority 2012 was tabled in Parliament.
The response included a Ten Point Action Plan to implement agreed recommendations relating to the Queensland Home Warranty Scheme, dispute resolution, building certification procedures, and licensing. The Department of Housing and Public Works (DHPW) established an Implementation Committee to consult with key stakeholders and make recommendations to the Minister for Housing and Public Works on implementation of the Government’s response.

The first implementation stage, involving the establishment of the QBCC to replace the former Queensland Building Services Authority (QBSA) and the appointment of a Commissioner, has been completed.

The second stage of implementation includes the transfer of plumbing and drainage and swimming pool licensing functions from DHPW to the QBCC, providing for the internal review of QBCC decisions and amendments regarding excluded individuals. These amendments are contained in the Professional Engineers and Other Legislation Amendment Act 2014 which was introduced into Parliament on 22 May 2014.

The QBCC Stage 3

In the third implementation stage, the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (No. 57 of 2014) further implements the Government’s Ten Point Action Plan. In addition to the legislative amendments flowing from the Government response to the Parliamentary Committee’s Inquiry into the former QBSA, the Act also includes other legislative amendments to enable the Commission to become more effective in balancing the interests of consumers and licensees. The remaining provisions of this Act were commenced on Friday 12 December 2014 by Regulation 308 of 2014.

In addition, Queensland also introduced the new Queensland Building and Construction Commission and Another Regulation Amendment Regulation (No. 1) 2014 (No. 309 of 2014), also on 12 December 2014.

This regulation supports the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (Amendment Act) when it inserts a new section 37 into the QBCC Act which allows an applicant for a contractor’s licence, a nominee supervisor’s licence, a site supervisor’s licence or a fire protection occupational licence to choose to renew their licence for a period of either 1 or 3 years. The regulation therefore amends the Queensland Building and Construction Commission Regulation 2003 to prescribe fees for circumstances where contractors and nominee supervisors choose to renew their licences for three years.

Other Building Amendments in QLD

Additionally, the Building and Construction Industry Payments Amendment Act 2014 (No. 50 of 2014) was also commenced on 15 December 2014 by Regulation 310 of 2014, notified on 12 December 2014.

The Building and Construction Industry Payments Act 2004 provides a person with an entitlement to receive, and an ability to recover, progress payments if they undertake to carry out construction work, or supply related goods and services, under a construction contract. The Amending Act establishes a procedure for making and responding to payment claims within statutory timeframes and for disputed or unpaid claims to be referred to adjudication for a decision. 

Additionally, QLD also notified the accompanying regulation Building and Construction Industry Payments Amendment Regulation (No. 1) 2014 (No. 311 of 2014) which complements the Amending Act.

On commencement, the Building and Construction Industry Payments Amendment Act 2014 (Amendment Act) establishes a single adjudication registry within the QBCC to appoint adjudicators, based on skill, qualifications and experience. The amendments mean that the currently appointed authorised nominating authorities (ANAs) will no longer undertake this function. As part of implementing the reforms contained in the Amendment Act, amendments need to be made to the Building and Construction Industry Payments Regulation 2004, including the introduction of new adjudication application and certificate fees and the removal of fees which are no longer required.

All Acts and accompanying proclamations and regulations are reproduced in TimeBase LawOne.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 (No. 57 of 2014) and related regulations as reproduced in TimeBase LawOne

Building and Construction Industry Payments Amendment Act 2014 (No. 50 of 2014) and related regulations as reproduced in TimeBase LawOne