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Department of Justice

Building Regulatory Framework Review

The comment period for the following draft Bills has now closed:

  • A new Building Bill 2016
  • An Occupational Licensing Amendment Bill 2016

A number of supporting publications and documents, including Overview presentations, Fact Sheets and Draft Director's Determinations are available.

The final Bills are expected to be tabled in March  2016.

Background

The Tasmanian Government is undertaking a comprehensive review of the building regulatory framework to ensure that only the regulation which is still relevant to Tasmania today and into the future remains part of the framework.

In July 2014 we issued a Consultation Paper and invited submissions. We have used these and other industry stakeholder consultations to develop a Position Paper recommending ways we can improve the Tasmanian Building Regulatory Framework.

We released the Position Paper for public consultation in December 2014. The submission period closed on 30 January 2015.

We received 56 submissions and are now working through these to determine what the new Framework will look like.

What has happened so far

We established the Terms of Reference of the review and then began having conversations with people who had contact or some involvement with the building industry.

We consulted with the following advisory groups:

  • A Local Government Technical Advisory Group;
  • A Building Practitioner Technical Advisory Group;
  • An Industry Reference Group formed from representatives of the Industry Associations; and
  • A Consumer Advisory Group

We also talked to a number of industry groups and representatives as well as practitioners in the building industry.

This helped us to develop a detailed paper identifying issues with the current building regulatory framework.

We prepared a short Consultation Paper (pdf, 931.8 KB) which summarised the issues.

You can read the more detailed Issues Paper on the Discussion Papers page.

We sought comments on these issues so that we could start developing a model for Tasmania's Building Regulatory Framework.

You can read the submissions we received on the Submissions Received page.

We used the submissions to help formulate a Position Paper (pdf, 1.5 MB) which was released for comment, via the Response Document (pdf, 224.7 KB).

This Submission period closed on Friday, 30 January 2015. We received 60 responses to the Position Paper and from this feedback have identified 53 recommendations that will be implemented.

Progress on new legislation

The following Bills were tabled on 27 October 2015:

  • A new Residential Building Works Contract and Dispute Resolution Bill 2015
  • An amending Bill for the Building and Construction Industry Security of Payment Act 2009

The following Bills were tabled on 16 and 17 March 2016:

  • A new Building Bill 2016
  • An amending Bill for the Occupational Licensing Act 2005.

Debate on these Bills is currently scheduled for the House of Assembly sitting week of 5 April 2016.

These Bills can be viewed on the Parliamentary website at http://www.parliament.tas.gov.au/bills/Bills2016/BillsWeb2016.htm.

Earlier versions of these Bills should now be disregarded, including those provided on this website as part of the consultation process.

Residential Building Works Contract and Dispute Resolution Bill 2015

The Residential Building Works Contract and Dispute Resolution Bill 2015 has three main components:

  • clearer, more robust contracts for residential building work, including clauses that the Director of Building Control can mandate to provide better protection for consumers
  • a free, optional, mediation process for settling residential building disputes
  • a more formal adjudication process by expert panel for residential building disputes that cannot be resolved by other means

Building and Construction Industry Security of Payment Amendment Bill

The Building and Construction Industry Security of Payment Amendment Bill has only one amendment, which introduces a review mechanism for decisions made by the adjudicator.

An independent, expert panel can be appointed to either confirm the adjudicator's decision, quash it or substitute a different decision.