Improving the construction industry

This Act makes a range of amendments to building and construction legislation introduced in 2020 to further improve the quality and auditing of the construction industry. The Act also introduces a levy on developers to assist with the administration of the 2020 legislation. The Bill for the Act had an accelerated timeline because it was intended to amend legislation due to commence on 1 July 2021. It was finalised over a four-week period from May-June 2021.

The Act amends a range of building, construction and design legislation introduced in 2020. The 2020 legislation improved building quality, introduced extensive auditing of the construction industry and established the Office of the NSW Building Commissioner.

The Act includes amendments to—

• introduce a levy on developers to support the administration of the 2020 legislation.
• insert or amend a range of regulation-making powers to further regulate the construction industry.
• enable administrative reviews of decisions of the Secretary relating to the recognition of a professional body of engineers.
• increase certain penalties and provide that certain offences under the Act are continuing offences with daily penalties.
• enable the Secretary to prohibit the issue of an occupation certificate or strata plan registration if a direction has not been complied with.
• enable the Local Court or Land and Environment Court, if a person is convicted of failing to comply with an order or direction under the Act, to order the person to comply with the order or direction.
• transfer and make permanent certain savings and transitional provisions from the Electricity Supply Act 1995 to the Gas and Electricity (Consumer Safety) Act 2017.
• amend the Home Building Act 1989 to give the Secretary the power to gazette notices specifying the qualifications, experience and other requirements for contractors, supervisors and tradespersons.

The Act passed Parliament on 24 June 2021.

Link: Building Legislation Amendment Act 2021.

Instructor:

Building and Construction team, Better Regulation Division, Department of Customer Service

Drafters:

Sophie Goodwin, Assistant Parliamentary Counsel

Melissa Low, Assistant Parliamentary Counsel

Production and Access:

Zachary Bryant, A/Senior Production and Access Officer