Plumbing and Drainage Bill 2018
Plain English Summary
Overview
This bill replaces Queensland's Plumbing and Drainage Act 2002 with a modernised framework that simplifies plumbing approvals, strengthens penalties for unlicensed work, and introduces a new licence for mechanical services workers including those installing hospital gas systems. It consolidates all technical plumbing standards into a single code and gives local governments updated enforcement powers.
Who it affects
Licensed plumbers and drainers work under a clearer regulatory scheme with stronger penalties for unlicensed competitors. Mechanical services workers in heating, cooling and medical gas must obtain a new licence. Homeowners benefit from faster approvals and a public register to check a plumber's history.
Key changes
- Plumbing work is reclassified into four categories — permit work, notifiable work, minor work and unregulated work — to reduce approval timeframes for simpler jobs
- Penalties for unlicensed plumbing work increase to up to 350 penalty units or one year's imprisonment for repeat offenders or grossly defective work
- A new mechanical services occupational licence is created for heating, cooling, air-conditioning and medical gas work, administered by the QBCC
- A new Queensland Plumbing and Wastewater Code consolidates all technical standards into one document
- The QBCC must maintain a public register of licensees including disciplinary history, so consumers can check a plumber's record before hiring them
- Homeowners must properly maintain on-site sewage treatment plants and comply with permit conditions, with penalties of up to 250 penalty units for failures
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced15 Feb 2018View Hansard
Vote on a motion
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (50)
Noes (42)
▸Committee15 Feb 2018View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the Plumbing and Drainage Bill 2018 over two months, receiving 65 submissions and holding public hearings. The committee unanimously recommended the bill be passed, while also raising concerns about contractor safety when working with refrigeration fluids and single head split systems. The Queensland Government accepted all three of the committee's recommendations.
Key findings (5)
- The bill replaces the Plumbing and Drainage Act 2002 with a modernised legislative framework for plumbing and drainage in Queensland.
- A new plumbing code consolidates technical requirements previously spread across multiple instruments, including the Queensland Plumbing and Wastewater Code and the Standard Plumbing and Drainage Regulation 2003.
- The committee received 65 submissions from a wide range of stakeholders including local councils, industry associations, unions, and individual tradespeople.
- Safety concerns were raised about contractors installing single head split systems and handling refrigerant gases, prompting a specific recommendation for investigation.
- The committee examined fundamental legislative principles including privacy rights related to criminal history checks for Service Trades Council appointees.
Recommendations (3)
- The committee recommends the Plumbing and Drainage Bill 2018 be passed.
- The committee recommends the Minister consider investigating ways to help ensure the safety of contractors when installing and working with refrigeration fluids and single head split systems.
- The committee recommends the Minister provide an explanation of what is meant by the acronym 'MPU' by way of clarification during the second reading of the Bill.
Committee report tabled
▸Second Reading4 Sept 2018View Hansard
Vote on a motion
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (43)
Noes (48)
▸13 members spoke9 support4 mixed
Announced the LNP would not oppose the bill, acknowledging the need to modernise plumbing legislation, but expressed concern about remaining industry confusion and the broad transitional regulation-making power in clause 174.
“The LNP's position is to not oppose the bill. That follows a lengthy review which established the need to modernise the language and structure within the Plumbing and Drainage Act 2002 to better reflect those industry and community expectations.”— 2018-09-05View Hansard
As Minister, introduced and defended the bill as delivering a contemporary, streamlined framework for plumbing and drainage, a new mechanical services licence, stronger penalties for unlicensed work, and faster permit approvals saving homeowners time and money.
“This bill is a clear example of the government's commitment to deliver certainty and confidence to the state's building and construction industry.”— 2018-09-04View Hansard
Supported the bill while raising concerns about the use of regulation rather than legislation for key provisions, imported bathroom pods not meeting Australian standards, and sunset clauses creating uncertainty.
“We will be supporting the bill, and I look forward to hearing further from the minister on some of the proposed amendments to deal with our concerns.”— 2018-09-05View Hansard
Advised the LNP would not oppose the bill, acknowledging the need to modernise plumbing laws, but raised significant concerns about clause 174 (Henry VIII clause) giving the minister open-ended regulation-making power, and criticised the volume of amendments and lack of committee scrutiny.
“Clause 174 is broad ranging and free ranging. I do not know that any legislation should contain something so flexible, open-ended and open to abuse.”— 2018-09-04View Hansard
Welcomed increased penalties for unlicensed work and subcontractor protections, but criticised the bill for not going far enough on licensing reform, arguing the retention of occupational licences is a financial burden on compliant small business plumbers while unlicensed operators go unpoliced.
“The financial and administrative cost of multiple licences for essentially the same thing is crippling small business plumbers, who are already competing against unlicensed and unpoliced operators.”— 2018-09-05View Hansard
As committee chair, spoke in support of the bill, particularly the new mechanical services licence to address risks from legionella and incorrect medical gas installations, and praised the government's consultation with industry.
“It is always good to work on legislation that has the overwhelming support of the industry and the community. I commend this bill to the House.”— 2018-09-04View Hansard
Defended the bill as the third instalment of Queensland Building Plan reforms, addressing licensing confusion left by the former LNP government, reducing red tape, modernising plumbing laws, and protecting subcontractors through project bank account reforms.
“Today we commence the process of delivering on our commitment to ensure that the double-dipping by the commission around occupational and contractor licences ends. It will be a Labor government that gets this done.”— 2018-09-05View Hansard
As committee deputy chair, acknowledged the bill's importance but expressed concern about the 42 pages of amendments and limited debate time, and noted safety issues around gas installations discussed by the committee.
“I am concerned that there are 42 pages of amendments to the bill. That seems to be a lot of changes to one bill that has been around for some time.”— 2018-09-04View Hansard
Spoke in support of the bill, focusing on the new mechanical services occupational licence including medical gas work, strong penalties for unlicensed work, and WaterMark product safety provisions.
“The new licence class for mechanical services will improve the industry standard of work by ensuring that work is carried out by an appropriately qualified individual.”— 2018-09-04View Hansard
Generally supported the passage of the bill but raised concerns through a statement of reservation about a separate occupational licence for the refrigeration and air-conditioning industry, consultation with HVAC&R industries, greywater flexibility for rural councils, and insufficient time to consider the volume of amendments.
“We believe that the refrigeration and air-conditioning, RAC, industry should have a separate occupational licence.”— 2018-09-04View Hansard
Spoke in support, highlighting the fast-track permit approvals saving homeowners approximately $640, stronger penalties for unlicensed work, and provisions to close a licensing loophole inherited from the previous LNP government.
“I am incredibly proud to support this legislation because I know it is going to make a difference in my community—a difference to the small business owners and mums and dads building their first home.”— 2018-09-04View Hansard
As a committee member, supported the bill's intent, particularly the mechanical services licence changes and WaterMark provisions, while noting initial concerns about red tape in rural areas were addressed by limiting the licence to above class 1A buildings.
“I understand the intent of the bill and also understand what the minister is trying to achieve. I believe the intent is good.”— 2018-09-04View Hansard
Supported the bill, emphasising the importance of qualified plumbers for public health and the environment, the benefits of fast-track permit approvals for her region's construction recovery, and stronger penalties for unlicensed work.
“I support increased penalties for performing unlicensed plumbing work, particularly for offences that endanger public health and safety.”— 2018-09-04View Hansard
▸In Detail15 Feb 2018 – 5 Sept 2018View Hansard
Amendments 2-12 moved en bloc: reduced QBCC licence application decision periods from 40 to 20 days, corrected references, and inserted a validation provision (new clause 173A) deeming plumbing contractor licensees who did not hold an occupational licence from 10 November 2014 to have held one during that period.
Amendments 13-16 moved en bloc: inserted extensive amendments to the Building Industry Fairness (Security of Payment) Act 2017, including renaming accounts as trust accounts, clarifying subcontractor payment protections, restricting head contractor withdrawals from retention trust funds, reducing payment schedule response time from 25 to 15 business days, requiring mandatory adjudicator training, and extending chain of responsibility for building products to architects and engineers.
Amendments 17-19: updated the dictionary definition of 'permit' to include public sector entities, defined 'public sector entity', and made minor corrections to the Building Industry Fairness Act.
Amendment 1 to postponed clause 2: updated commencement provisions to accommodate the new Building Industry Fairness Act amendments and QBCC Act amendments inserted during consideration in detail.
That the amendments be agreed to
The motion was defeated.
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Ayes (43)
Noes (48)
▸1 clause vote (all passed)
Vote on clause 174
Vote on whether to retain clause 174, a transitional regulation-making power with a 12-month sunset clause that the LNP argued was too broad and bypassed parliamentary scrutiny, while the government defended it as standard practice.
The clause was kept in the bill.
A vote on whether a specific clause should remain in the bill as written.
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Ayes (51)
Noes (35)
Opposed clause 174 specifically, arguing the transitional regulation-making power was too broad, bypassed parliamentary scrutiny and was a lazy approach to legislation that shifts authority away from elected officials.
“I would say that this clause is a lazy approach and it is not supported. Basically, it shifts the authority from making this legislation—and any other legislation—away from the elected officials in this House and the committee process.”— 2018-09-05View Hansard