Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024
Bill Journey
Assent date: 14 September 2020
Referred to Housing, Big Build and Manufacturing Committee
Referred to State Development and Regional Industries Committee
Plain English Summary
Overview
This bill simplifies Queensland's payment protection rules for building subcontractors and implements governance reforms for the building industry regulator. It clarifies trust account requirements, makes the QBCC Board more transparent, and streamlines licensing processes for builders and trades.
Who it affects
Building subcontractors benefit from clearer payment protections. Licensed builders gain flexibility to modify their licence classes. The building regulator becomes more accountable through published conflict of interest registers.
Subcontractor payment protections
Clarifies and simplifies the trust account framework that protects subcontractor payments. Makes it clearer which subcontractors are covered, confirms GST must be included in retention amounts, and allows more flexibility in how trust accounts are audited.
- Clarifies that subcontractors requiring a licence or registration are protected by trust accounts
- Confirms retention amounts must include GST
- Allows registered accountants (not just auditors) to review trust accounts, reducing costs
- Introduces guidelines to help industry comply with record-keeping requirements
QBCC governance and licensing
Implements recommendations from the 2022 QBCC Governance Review to improve board effectiveness and transparency. Also fixes practical issues with licence management.
- Reduces QBC Board from 10 to 7 members
- Requires publication of board members' conflict of interest disclosures
- Allows licensees to surrender specific licence classes without losing their entire licence
- Extends internal review timeframes from 28 days to 28 business days
- Clarifies licence suspension powers for workplace deaths or serious injuries
Technical qualification approvals
Transfers responsibility for setting technical qualification requirements from the QBCC Commissioner to the department, clarifying the separation between policy-making and regulatory functions.
- Department now sets qualification requirements for plumbing and drainage licences
- Department now approves training courses for pool safety inspectors
- Existing qualification approvals continue to apply
Professional registration
Minor improvements to architect and engineer registration frameworks, clarifying offences and cost recovery.
- Clarifies that false information offences apply to external assessment bodies during registration
- Allows Board of Architects to recover investigation costs when disciplinary action succeeds