Plumbing and Drainage and Other Legislation Amendment Bill 2015

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

Housing & Renting Work & Employment Government & Elections

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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

How this affects you

Housing & Renting

•If you rent, landlords and agents must tell you upfront which tenancy databases they use before they screen youClause 28 (new s 458A)The lessor or agent must, when the application is made, give the applicant written notice of the name of all tenancy databases they usually use and how to contact the operator, with a maximum penalty of 20 penalty units.
•You must be told within 7 days if you have been found on a tenancy database and given details of who listed you and how to challenge itClause 28 (new s 458B)The lessor or agent must, within 7 days after using the tenancy database, give the applicant written notice including the name of the database, that personal information about them is in the database, and how to have it removed or amended.
•Before anyone can list you on a tenancy database, they must show you the information and give you at least 14 days to respondClause 29 (new s 459(2))The person must give the other person a copy of the personal information and at least 14 days to review and make submissions objecting to its entry or about its accuracy, with a maximum penalty of 20 penalty units.
•Tenancy database listings cannot be kept for more than 3 years, and out-of-date listings must be removed within 14 daysClause 30 (new ss 459B and 459D)A database operator must not keep personal information about a person in the tenancy database for longer than 3 years, and must remove out-of-date information within 14 days of being notified.

Work & Employment

•Licensed plumbers and drainers get a dedicated industry body (the Service Trades Council) with a direct voice on complex licensing and disciplinary mattersClause 7 (new ss 5 and 6)The Service Trades Council is established with functions including advising the Minister and making recommendations to the QBCC commissioner about the performance of the commissioner's functions.
•If you are disciplined as a plumber by the QBCC, you can ask the new Service Trades Council for an internal review, which includes industry and union representationClause 16 (new s 85A) and Clause 7 (new s 6(f))For an internal review application for a decision of the commissioner under the Plumbing and Drainage Act section 68, the internal reviewer is the Service Trades Council.
•The Council includes representatives from the plumbers' union, Master Plumbers, fire industry, mechanical contractors and inspectors alongside government and a consumer representativeClause 7 (new s 8(3))Membership must include the assistant commissioner, and representatives of the CEPU Plumbing Division Queensland Branch, Master Plumbers' Association of Queensland, National Fire Industry Association Queensland and others.

Government & Elections

•People appointed to the Service Trades Council must pass a criminal history check and disclose any new convictions, with penalties of up to around $11,780 for failing to do soClause 7 (new ss 19 and 20)Maximum penalty of 100 penalty units applies for failing to disclose a change in criminal history, with a penalty unit value of $117.80 as at 1 July 2015.
•All past and future public housing development by the State is confirmed to have been lawfully carried out, giving certainty when properties are sold or transferredClause 4 (new ss 94G and 94H)The development is taken to have been carried out in accordance with all applicable laws; transfer of public housing premises does not result in a material change of use for the Sustainable Planning Act 2009.
•Approved community housing providers (not just the Department) can now give tenancy guarantees backing private rentalsClause 25The department or a community housing guarantor may give a tenancy guarantee for a residential tenancy agreement between a lessor and a tenant.

Bill Journey

Introduced1 Dec 2015

First Reading

Committee

Committee Report1 Mar 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent24 Mar 2016

Referenced Entities

Legislation

Plumbing and Drainage Act 2002 Queensland Building and Construction Commission Act 1991 Residential Tenancies and Rooming Accommodation Act 2008 Housing Act 2003 Sustainable Planning Act 2009 Building Act 1975 Integrated Planning Act 1997 Criminal Law (Rehabilitation of Offenders) Act 1986 Fair Trading Act 1989 Further Education and Training Act 2014 Public Health Act 2005 Acts Interpretation Act 1954 State Penalties Enforcement Act 1999 Privacy Act 1988 (Cth)Corporations Act 2001 (Cth)Legislative Standards Act 1992

Organisations

Programs & Schemes

Rent Connect Tenancy Guarantees

Roles & Offices

QBCC Commissioner Assistant Commissioner for Plumbing and Drainage Chairperson of the Service Trades Council Service Trades Council member Governor in Council Commissioner of the Queensland Police Service

Sectors Affected

Community Housing Plumbing and Drainage Real Estate Residential Rental Public Administration

Classified using AGIFT/ANZSIC Australian government standards