Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024
Plain English Summary
Overview
This bill clarifies and simplifies the trust account framework that protects subcontractor payments in Queensland's building and construction industry. It also implements governance reforms for the Queensland Building and Construction Commission, transfers qualification-setting powers to the department, and makes regulatory improvements across six building industry Acts.
Who it affects
Subcontractors gain clearer payment protections, head contractors face simplified but still rigorous trust account requirements, and QBCC licensees benefit from more flexible licence management and fairer internal review timeframes.
Key changes
- Clarifies which subcontractors are protected by project trust accounts by linking eligibility to existing licensing requirements
- Simplifies trust account record-keeping and allows registered accountants (not just auditors) to carry out trust account reviews, reducing costs for trustees
- Confirms retention trust deposits must include GST, closing a gap that could leave subcontractors short-changed in an insolvency
- Reduces the QBC Board from 10 to 7 members and requires a public conflict-of-interest register
- Allows QBCC licensees to surrender a specific licence class without giving up their entire licence
- Extends internal review timeframes from 28 calendar days to 28 business days, giving more time for fair decisions
- Clarifies that QBCC can act against both the licensee performing building work and the licensee controlling the site when work causes death, serious injury, or safety risks
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee14 Feb 2024 – 16 Apr 2024View Hansard
Referred to Housing, Big Build and Manufacturing Committee
▸Second Reading16 Apr 2024View Hansard
Supported both bills, highlighting the Homes for Queenslanders program and strengthened security-of-payment protections for subcontractors.
“I rise to speak in support of both of these bills. Homes for Queenslanders is building more homes for more Queenslanders.”— 2024-04-16View Hansard
Criticised the housing bill as not actually leading to affordable and available housing, and raised concerns about the building industry bill while acknowledging some provisions.
“The performance outcome that the government wants to get to is affordable and available housing, as per the name of this particular bill, but it is not actually leading to that.”— 2024-04-16View Hansard
Stated the opposition will not oppose the building industry bill which seeks to address findings of the QBCC governance review.
“The opposition will not oppose the bill, which seeks to address the findings of the review that Minister de Brenni was forced to call following Labor's manipulation of the QBCC for political gain.”— 2024-04-16View Hansard
Spoke primarily on the building industry bill, criticising the CFMEU's influence over the QBCC while acknowledging some worthy elements of the legislation.
“I rise to speak on the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill that is part of the cognate debate.”— 2024-04-16View Hansard
Stated the LNP will not oppose the provisions but criticised the bills as promising a lot while delivering very little, particularly regarding infrastructure support for growing populations.
“The LNP will not oppose the provisions that aim to make life easier for builders and head contractors.”— 2024-04-16View Hansard
Assent date: 14 September 2020