Plumbing and Drainage and Other Legislation Amendment Bill 2015

Introduced: 1/12/2015By: Hon L Enoch MPStatus: PASSED with amendment
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill sets up a new plumbing industry regulator inside the Queensland Building and Construction Commission, strengthens protections for renters against unfair tenancy database listings, lets community housing providers give tenancy guarantees to private landlords, and confirms that public housing development has been lawfully carried out.

Who it affects

Renters get stronger rights before being blacklisted; landlords, agents and database operators face new duties and penalties; plumbers and drainers get a dedicated industry body that can review disciplinary decisions; and people needing help into private rental can access tenancy guarantees from community housing providers.

New plumbing industry regulator (Service Trades Council)

Re-establishes a dedicated plumbing industry body inside the QBCC, replacing the Plumbing Industry Council abolished in 2014. The Council brings together unions, industry associations, government and a consumer representative, and takes over internal reviews of disciplinary decisions against plumbers and drainers.

  • Creates the Service Trades Council within the QBCC with a legislated membership including the CEPU Plumbing Division, Master Plumbers, Air Conditioning and Mechanical Contractors, and a consumer representative
  • Gives the Council power to conduct internal reviews of QBCC commissioner decisions about plumber discipline (external review still available through QCAT)
  • Requires criminal history checks for Council appointees, with penalties of 100 penalty units (around $11,780) for failing to disclose changes or for wrongful disclosure
  • Council members must declare conflicts of interest and cannot vote on matters where they are conflicted

Tenancy database protections for renters

Implements a national uniform law on residential tenancy databases, with some Queensland additions. Landlords, agents and database operators face clear obligations around notice, accuracy and retention of listings, backed by penalties.

  • Landlords and agents must tell rental applicants upfront which tenancy databases they use and how to contact the operators (penalty up to 20 penalty units)
  • If an applicant is found listed, they must be notified in writing within 7 days with details of the listing and how to get it removed or amended
  • Before listing someone, the listing party must give them a copy of the proposed information and at least 14 days to respond
  • Listings cannot be kept longer than 3 years; out-of-date listings must be removed within 14 days of notification (penalty up to 40 penalty units for database operators)
  • Existing listings already 2 years old at commencement must be removed within 1 year

Tenancy guarantees through community housing providers

Expands who can give a tenancy guarantee under the Rent Connect suite so that approved community housing providers, not just the Department of Housing and Public Works, can back a private tenant's rental agreement.

  • Approved community housing providers can give tenancy guarantees to private lessors
  • The Department chief executive decides which providers are approved to do this

Public housing development deemed lawful

Adds a new division to the Housing Act confirming that all past, existing and future development and building work for State-owned public housing is taken to have been lawfully carried out, removing uncertainty for future owners and financiers when properties are transferred.

  • Development of public housing by the State is deemed to have been carried out in accordance with all applicable laws (past, present and future)
  • Transfer of public housing premises to another housing provider or individual does not count as a material change of use under the Sustainable Planning Act 2009
  • The new owner must still comply with planning laws for any development started after the transfer

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced1 Dec 2015View Hansard
First Reading1 Dec 2015View Hansard
Committee1 Dec 2015View Hansard

Referred to Utilities, Science and Innovation Committee

Committee Report1 Mar 2016

Committee report tabled

Second Reading16 Mar 2016View Hansard

Vote on a motion

Procedural motion that appears at the boundary of this section after the bill debate was adjourned; not a vote on the Plumbing and Drainage bill itself.

Defeated41 ayes – 43 noes2016-03-16

The motion was rejected.

A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.

Show individual votes

Ayes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (43)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
23 members spoke19 support4 mixed
4.12 pmHon. SJ HINCHLIFFESupports

Supported the bill as Minister for Transport, continuing his speech from the previous day. Praised the re-establishment of the Service Trades Council and highlighted the plumbing industry's importance to Queensland's built environment.

This bill highlights the Palaszczuk government's commitment to the service trades of plumbing, fire protection, and air heating and cooling.2016-03-17View Hansard
4.00 pmHon. MC de BRENNISupports

As minister, moved the second reading and defended the bill's re-establishment of a dedicated plumbing regulatory body (Service Trades Council), tenancy database protections including for domestic violence victims, and housing deeming provisions for community housing transfers.

At the core of all of these changes is empowering various parts of our community to be treated fairly and ensure that their clients are treated fairly too.2016-03-16View Hansard
4.17 pmMr RUSSOSupports

Supported the bill's re-establishment of a dedicated plumbing regulatory body and its tenancy database protections. Noted the Newman government abolished the Plumbing Industry Council against industry wishes and highlighted problems faced by young renters near Griffith University campuses.

Many industry organisations objected to the lack of consultation surrounding those changes and resented the fact that the industry was being handled by an authority that lacked the proper skills and experience.2016-03-17View Hansard
4.26 pmMr MOLHOEKMixed

Said the opposition would not oppose the bill but expressed serious reservations about the cost of establishing the Service Trades Council and assistant commissioner role within the QBCC, and criticised delays to the Logan Renewal Initiative under the Labor government.

From the outset, I say that, while the opposition will not be opposing this bill, we do have some very serious reservations about certain aspects of the legislation.2016-03-16View Hansard
4.24 pmMr COSTIGANMixed

Did not oppose the bill but expressed reservations about the Service Trades Council potentially increasing costs and licensing fees for the plumbing industry. Acknowledged industry support for the STC but warned the government not to burden plumbers with additional regulatory costs.

We on this side of the House will be watching this space because the plumbers do not want to see increased regulatory burden and fees to facilitate the formation of the STC.2016-03-17View Hansard
4.53 pmMr KINGSupports

As committee chair, spoke in favour of the Service Trades Council as a hybrid model retaining QBCC efficiencies while restoring the plumbing industry's voice, and supported the tenancy database and housing deeming provisions.

Instead of just overturning the decision of the previous government, the Palaszczuk government worked with key stakeholders to honour its commitment and restore a strong voice to the plumbing industry while also retaining the benefits of the move to the Queensland Building and Construction Commission.2016-03-16View Hansard
4.34 pmHon. SM FENTIMANSupports

Supported the bill with a focus on tenancy database amendments protecting domestic violence victims. Shared the story of a woman named Ruby whose violent partner caused property damage, leading to an unfair database listing that left her homeless for eight months.

It is horrific to think that not only are women being physically or emotionally abused by partners but that damage to their homes which they have had no part in can then contribute to a negative listing and mean that they cannot secure a new home for themselves and their children.2016-03-17View Hansard
5.01 pmMr POWERSupports

Spoke passionately about the impact of tenancy database listings on vulnerable families in Logan, and supported the Service Trades Council to maintain high plumbing standards including to prevent health risks like legionnaire's disease.

If I could see this one family, who was paying their way in the private rental market but trapped from moving, and say that they would not be ejected onto the street—not on my watch—then we in this place can do the same for so many other struggling families.2016-03-16View Hansard
4.37 pmMr RYANSupports

Supported the bill and highlighted its relevance to his electorate where nearly one in two houses is a rental property. Praised Enhanced Care (formerly Near North Housing Tenancy Advice Service) and criticised the former government for cutting tenancy advice service funding.

We will never forget the cruel action taken by the former government to cut all funding to tenancy advice service agencies like Near North Housing Tenancy Advice Service—agencies which help the most vulnerable people who are disenfranchised and disengaged.2016-03-17View Hansard
5.11 pmMr McEACHANMixed

As a committee member, said the LNP does not oppose the bill but recorded reservations about the cost of the Service Trades Council and assistant commissioner, describing it as the Plumbing Industry Council by another name and another Labor bureaucracy.

The LNP has recorded reservations with it but does not oppose the bill.2016-03-16View Hansard
4.47 pmMr FURNERSupports

Supported the bill and drew on his experience visiting water sanitation projects in Mozambique and Tanzania to highlight the importance of plumbing regulation. Detailed the functions of the Service Trades Council and tenancy database protections.

Once again, I understand why this bill is necessary and why it is important to have a regulatory body.2016-03-17View Hansard
5.27 pmHon. LM ENOCHSupports

As former housing minister who introduced the bill, defended the re-establishment of the plumbing regulatory body and criticised the former LNP government for failing to properly engage with Logan Renewal Initiative residents.

Those opposite were part of an LNP government which systematically dismantled key bodies whose purpose it was to ensure that the best interests of Queenslanders were maintained.2016-03-16View Hansard
4.57 pmMr PEGGSupports

Supported the bill, detailing the 64-year history of plumbing regulatory bodies in Queensland. Praised the hybrid model of the Service Trades Council that retains QBCC efficiencies while restoring the plumbing industry's voice on licensing and disciplinary matters.

Instead of just overturning the decision of the previous government, the Palaszczuk government worked with key stakeholders to honour its commitment and restore a strong voice for the plumbing industry while also retaining the benefits of the move to the Queensland Building and Construction Commission.2016-03-17View Hansard
5.35 pmMs FARMERSupports

Focused on the tenancy database amendments as a matter of fairness for vulnerable Queenslanders, welcoming provisions to inform tenants of listings and protect domestic violence victims from being listed.

A number of the amendments proposed in this bill are about fairness. They are essentially about fairness, and they are about fairness particularly for some of the most vulnerable people in our community.2016-03-16View Hansard
5.06 pmMr MANDERMixed

Did not oppose the bill but disagreed with the re-establishment of the Service Trades Council, arguing as former minister that the QBCC reforms had achieved a one-stop shop with cost savings of $130 per year for plumbers. Criticised the $59,000 establishment cost and $400,000 annual ongoing cost as unnecessary bureaucracy.

There is another layer of administration which is totally unnecessary, and of course it is going to cost money.2016-03-17View Hansard
5.46 pmMr WHITINGSupports

Spoke about the plumbing industry's strong support for the Service Trades Council, the benefit of expanded tenancy guarantees for housing providers like Coast2Bay, and the importance of fair tenancy database rules.

Plumbers and plumbing company owners constantly sought me out that night and complimented our government all around for bringing back their board.2016-03-16View Hansard
5.13 pmMr MADDENSupports

Supported the bill and detailed its objectives including the Service Trades Council, tenancy database reforms, tenancy guarantees for approved housing providers, and the deeming provision for public housing development.

This government wishes to ensure that the concerns of the plumbing industry are taken seriously.2016-03-17View Hansard
5.56 pmHon. SJ HINCHLIFFESupports

As a former minister responsible for plumbing regulation, supported the re-establishment of the plumbing regulatory body through the Service Trades Council and the creation of the assistant commissioner role. Debate was adjourned on his motion.

Although from time to time it is appropriate to reform and improve some things, demolishing them is not the right way to go.2016-03-16View Hansard
5.21 pmMrs GILBERTSupports

Supported the bill and noted her family connection to the plumbing industry. Emphasised the importance of plumbing for health and safety, drawing on overseas travel experiences to highlight Australia's high standards.

Plumbers need to have a voice in their industry. That is why this bill is so necessary.2016-03-17View Hansard
5.26 pmHon. CR DICKSupports

Supported the bill as Minister for Health. Highlighted Queensland's population growth and the need for a well-regulated construction industry. Cited statistics showing 6,500 more homes approved in the Palaszczuk government's first year compared to the LNP's final year.

One of the reasons people can have confidence in the home they buy in Queensland is that the industry is well regulated.2016-03-17View Hansard
5.35 pmHon. KJ JONESSupports

Supported the bill with a focus on tenancy database reforms, drawing on her 13-year involvement with rental law. Highlighted that domestic violence victims are unfairly listed on databases due to damage caused by perpetrators, creating barriers to leaving violent relationships.

If there is one more barrier that we can remove for that woman to continue to provide care for her children in a safe environment so that they can get on and rebuild their lives, then we have an obligation to do that.2016-03-17View Hansard
5.45 pmMr STEWARTSupports

Supported the bill and provided a historical overview of plumbing from ancient Rome to modern Queensland. Shared humorous personal stories about North Queensland plumbing including outdoor thunderbox toilets.

We do not want the dodgy brothers carrying out plumbing works in our towns and cities.2016-03-17View Hansard
5.53 pmHon. MC de BRENNISupports

Replied as Minister for Housing and Public Works, thanking all contributors. Rebutted opposition concerns about costs, citing QBCC acting commissioner's evidence that the $59,310 establishment cost and $405,473 annual cost are manageable within the QBCC budget. Defended the Logan Renewal Initiative consultation process.

If red tape and overregulation was an issue with this bill, there is no doubt that the Master Plumbers would have been the first to tell me.2016-03-17View Hansard
In Detail17 Mar 2016View Hansard
Government amendmentPassed

Inserted new clauses amending the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 to ensure homeowners can claim against the home warranty insurance fund when a contractor fraudulently represents holding a QBCC licence.

Moved by Mr de BRENNI
Government amendmentPassed

Amended section 245 (Injury to domestic associate) to include an example that the tribunal may order that a domestic violence victim's personal information must not be listed on a tenancy database.

Moved by Mr de BRENNI
Government amendmentPassed

Amended section 459 (Restriction on listing) to prohibit listing a person on a tenancy database if the tribunal has made an order under the domestic violence provisions prohibiting the listing.

Moved by Mr de BRENNI
Government amendmentPassed

Amended section 461 to clarify that a listing is unjust where personal information is listed for damage caused to premises by a domestic associate of the listed person.

Moved by Mr de BRENNI
Government amendmentPassed

Reduced the transition period for removing old tenancy database listings from one year to six months after commencement, in line with the committee's recommendation to avoid disadvantaging tenants with very old listings.

Moved by Mr de BRENNI
Government amendmentPassed

Corrected minor drafting errors in clause 35 relating to the definition of 'lessor' and 'tenant' in tenancy database provisions, changing the section reference from 457 to 457A.

Moved by Mr de BRENNI
Government amendmentPassed

Amended the long title of the bill to include the Queensland Building and Construction Commission and Other Legislation Amendment Act 2014 as an act being amended.

Moved by Mr de BRENNI
Amendment

That the amendment be agreed to

Vote on one of the government's amendments during Consideration in Detail, likely relating to the domestic violence tenancy database protections or the QBCC home warranty scheme correction, which passed 43-40 along party lines.

Passed43 ayes – 40 noes2016-03-17

The motion passed.

Show individual votes

Ayes (43)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Gordon(Independent)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Katter(Katter's Australian Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Knuth(Katter's Australian Party)
Lauga(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)

Noes (40)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Krause(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)
Third Reading17 Mar 2016View Hansard
Royal Assent24 Mar 2016

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