Page 866 - Week 03 - Wednesday, 21 March 2018
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I am happy to provide updates on the reforms to the Assembly later, as outlined in the proposed amendment to the motion, and I can provide a summary now of what we have already done. Reforms in three bills introduced across 2013 and 2014 included: new grounds for the Construction Occupations Registrar to make conditions on or refuse a licence; powers to require licence applicants and existing licensees to undertake skills assessments; the legislative framework for the registrar to direct licensees to undertake training where there is an identified need; new offences and increased penalties for major breaches of the Building Act and for failing to comply with rectification orders; creation of a public register of information about licensees; improved information gathering and sharing powers for investigations; and more options for the registrar to take action against a licensee to protect the public.
During that time checks on references for builders licence applicants were also increased. In 2015 and 2016 we consulted on further reforms. In June 2016 I announced the current improving the ACT building regulatory system reforms. These reforms are wide reaching and target things that cause substandard building. The changes we are making are quite fundamental and extensive. As the motion notes, they cover pre-construction issues such as design, training and licensing, and supervision and verification during construction works, right through to post-occupancy dispute resolution.
The first reforms were implemented through the Building and Construction Legislation Amendment Act 2016 and changes to the mandatory qualifications for construction licences. The act expanded the existing statutory warranties to all private residential buildings or parts of buildings, including those above three storeys. It clarified the roles of building certifiers and the obligations of corporate and partnership licensees and provided new grounds for occupational discipline. It also included a range of amendments to allow for further reforms, such as making codes of practice.
To further assist in reducing phoenixing, the act also expanded the capacity for the registrar to consider an applicant or licensee’s history, including the history of directors, partners and nominees, under other licences; introduced the ability for the registrar and ACAT to consider whether a breach is relevant to multiple associated licences and take appropriate action in relation to those licences; and increased reporting requirements for automatic suspension grounds, including insolvency, and introduced an offence for failing to report. Those are items 11, 12, 17, 18, 19, 20, 24 and 25 in the reform package.
The licensing reforms outlined in items 6, 7, 8 and 10 have also been implemented. These reforms complement the licensing exam introduced for class C licensees and mean that applicants: cannot rely on architectural or engineering qualifications that do not include building and construction work or supervision of building works; are restricted to work on only those types of building that they have direct experience with; and may need to be interviewed as part of the application process. The registrar can also disregard references from builders with poor compliance history or in relation to defective work.
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