In the media
Progress of building sector reforms in NSW Parliament
and inquiry report on the regulation of building standards
On behalf of our 25,000 members in NSW, Engineers
Australia supports the first recommendation in the Shergold-Weir
report and the Opal Tower report that there must be compulsory
registration for a wide range of engineering practices in the NSW
building sector (13 November 2019).
More...
Parliamentary report calls for independent building
commission to fix NSW construction industry
A parliamentary committee report calls for the
establishment of a building commission to improve standards across
the construction industry in the wake of the Mascot Towers and Opal
Tower scandals (13 November 2019).
More...
Review of Northern Australia infrastructure facility
announced
Minister for Resources and Northern Australia, Matt
Canavan, has announced a review of the $5 billion Northern
Australia Infrastructure Facility to assess its ability to meet the
Government's development objectives in Northern Australia (12
November 2019).
More...
Stop work over demand for bigger shed costs CFMMEU and
officials $50,500
The Federal Court has penalised the CFMMEU $38,000 and two
of its officials a total of $12,500 after they organised a work
stoppage at a $30 million Brighton apartment project over demands
for a larger site shed and dedicated female toilet (13 November
2019).
More...
Infrastructure audit highlights growing need for new
solutions in all industries
Engineers Australia's Public Affairs team has prepared
a response to the audit and in the report highlight more
opportunities for Infrastructure Australia to consider (11 November
2019).
More...
PI cladding extension may be needed: ICA
The ongoing professional indemnity stalemate could drag on
longer than expected, according to the Insurance Council of
Australia (11 November 2019).
More...
Australian PCI: Construction decline eases as house
building approaches stability
The Australian Industry Group/Housing Industry Association
Australian Performance of Construction Index climbed 1.3 points to
43.9 in October, indicating a slight easing in the construction
industry's overall rate of contraction (readings below 50
indicate contraction in activity, with the distance from 50
indicating the strength of the decrease) (07 November 2019).
More...
Building surveyors fined for unsafe fire approvals
A Perth building surveying company has been fined a total
of $35,000 for negligence after signing off on three buildings that
failed to meet fire safety requirements (06 November 2019).
More...
No Australian city has a long-term vision for living
sustainably. We can't go on like this
International and internal migration trends have driven
rapid growth in the big cities, especially Melbourne and Sydney.
This has created major problems with providing adequate housing,
infrastructure and services. The fundamental issue is the
reluctance of urban communities and their leaders to discuss what
might be sustainable populations (05 November 2019).
More...
NSW
NSW tight-lipped over flammable cladding
The NSW government has come under criticism once after it
refused to release a document which identifies hundreds of
buildings across the state currently clad in potentially flammable
material (15 November 2019).
More...
Consultation for Great Western Highway upgrade
The NSW government has announced they anticipate beginning
the $2.5 billion duplication of the Great Western Highway between
Katoomba and Lithgow in 2021. Community
consultation will take place from 7 November and 16 December.Visit
the
interactive portal to have your say (12 November 2019).
More...
ISCA:Sydney Metro City & Southwest Tunnel and
Station excavation works
The major tunnelling and station excavation works involve
construction of 15.5 km of twin railway tunnels which will travel
under Sydney Harbour, and excavating complex underground structures
for six new metro railway stations. Sydney Metro City and Southwest
TSE Design received a final verified score of 100 and therefore a
level of "leading". This is the highest score achieved
for an IS Rating to date (13 November 2019).
More...
Dubbo Hospital redevelopment boosts economy
A new report shows health projects like the $240 million
Dubbo Hospital redevelopment are not only delivering world-class
healthcare, they're boosting regional economies across NSW. The
report shows a 15 per cent jump in healthcare jobs in Dubbo from
2011-2016, more than double the previous five-year period. There
was also a significant boost to construction jobs, which had a
spillover benefit to the local accommodation, travel, food and
transport sector (06 November 2019). More...
Queensland
Queensland's biggest waterfront urban renewal
precinct
A new multi-million-dollar land agreement at Hamilton
Northshore means Queensland's largest waterfront urban renewal
precinct Northshore will see four new commercial buildings built in
the next six years. The success of Northshore is directly linked to
continual investment by EDQ in precinct infrastructure and
place-making activities (14 November 2019).
More...
Milestone for Mackay's biggest-ever road
project
The Queensland Government has recently completed Mackay
Ring Road $497 million – Stage 1's largest overpass in
Ooralea.The $497 million project is jointly funded, with the
Australian Government committing up to $397.9 million and the
Queensland Government $99.4 million (12 November 2019).
More...
Brisbane certifier Trevor Gerhardt loses his licence to
practise
Queensland's building regulator has cancelled the
certifier licence of Trevor Gerhardt, whose public licence record
shows four findings of unsatisfactory conduct against him between
2015 and 2018. In addition to the findings of unsatisfactory
conduct by the QBCC, the QCAT in September 2018 reprimanded Mr
Gerhardt and ordered him to pay a penalty to the QBCC of $7,500 (08
November 2019).
More...
Practice and courts
National Airports Safeguarding Advisory Group
The NASAG is undertaking a review of implementation of the
National Airports Safeguarding Framework (NASF).
The review is intended to consider implementation of NASF across
jurisdictions; and seeks submissions from all levels of government,
industry and community stakeholders. Submissions close on 22
November 2019.
More...
CASA: Funding for regional airports
Regional airports can start the process of seeking new
funds for safety upgrades, with guidelines are now available to
give airport owners and operators more information on their
eligibility for the $100 million program (including safer runways,
taxiways, fencing). Round one of the program closes on 12 December
2019.
More...
AustralianConstructors Association:Submission
01 November 2019 - Attorney-General's Department
discussion paper on: Attracting major infrastructure, resources and
energy projects to increase employment - Project life greenfields
agreements.
More...
GBCA Important Deadlines - Green Star certification for
your project
Many project teams have timelines set around major events.
To support this, these guidelines below (based on typical time
frames), which specify the deadlines you'll need to meet in
order to have your project certified in time for key milestones in
2019. Deadlines are from 08 April – 04 November 2019.
More...
NSW
Cladding guideline
Standards Australia has developed a permanent labelling
system of aluminium composite panelproducts to support the
identification of these products throughout their life-cycle. The
new guideline can be purchased from the
Standards Australia website.
NSW Fair Trading: Part 6 of the EP&A Act postponed
until 1 December 2019
The Part 6 provisions of the Environmental Planning and
Assessment Act have been postponed and will now start on 1 December
2019. This delay will allow time for the sector to adjust to the
regulatory changes that have been progressing around fire safety
and the Building and Development Certifiers Act 2018.
More...
Planning Circular – Commencement of Part 6
(building and subdivision certification provisions)
FAQ - Occupation certificate
FAQ - New mandatory compliance powers for private principal
certifiers
FAQ - New subdivision works certificate
Environmental Planning and Assessment Act 1979
Environmental Planning and Assessment Regulation 2000
If you have any queries, please contact
the Department of Planning, Industry and Environment.
More...
Queensland
HPW: Building and plumbing newsflashes
No 570: Advice on the responsibilities of building
certifiers requesting and issuing Forms 15 and 16?
To advisebuilding industrypractitionersabouttherole
ofForms15and 16 in building assessment approval process and the
responsibilities of individuals using these forms in the inspection
processes.Two new guidelines have been published to clarify the
obligations of building certifiers (13 November 2019).
More...
No 569: Clarification on the requirements for a site
classification report and sanitary drainage articulation
design?
To clarify: When a site classification report and a
sanitary drainage articulation design (articulation design) must be
supplied to local government in accordance with schedule 6 of the
Plumbing and Drainage Regulation 2019; and who can prepare the
report (12 November 2019).
More...
Victoria
Proposed Electricity Safety (Electric Line Clearance)
Regulations 2020
ESV invites interested parties to make comments on the
regulatory impact statement and proposed Regulations including any
proposed fees. Submissions must be received by Friday 6 March 2020.
More...
Planning and building approvals process review
discussion paper
The paper examines planning and building delays and
bottlenecks to identify how the systems can be improved. The report
considers challenges caused by a shortage of building surveyors and
other building practitioners as well as the overlap between the
planning and building regulatory regimes. Consultation for the
discussion paper closed on 15 November 2019. More...
Cases
Australian Building and Construction Commissioner v
Hynes & Anor [2019] FCCA
3145
INDUSTRIAL LAW – Commonwealth – compliance and
enforcement – civil remedies – right of entry –
entry permit holder – act in an improper manner –
assessment of appropriate penalty
Fair Work Act 2009 (Cth), ss.500, 512, 546, 550(1), 550(2); Work
Health and Safety Act 2011 (Qld), ss.117, 134
The applicant submits that by engaging in this contravening
conduct, Mr Hynes: flouted the privileges conferred on him as a
federal permit holder and a State OHS permit holder
Queensland
Cherwell Creek Coal Pty Ltd v BHP Queensland Coal
Investments Pty Ltd & Ors (No 21) [2019]
QLC 41
CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS –
COURT SUPERVISION – AMENDMENT – ORIGINATING PROCESS,
PLEADINGS ETC – where the respondent sought to amend its
defence – whether leave was required – where the Court
found leave was not required – where the Court held that, if
leave was required, it would not have adjourned the application and
would have granted leave
CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – PROCEDURAL
ASPECTS OF EVIDENCE – EXPERT REPORTS AND EXPERT EVIDENCE
– OTHER MATTERS – where the respondent gave additional
instructions to their expert – where leave was required to do
so – where the Court made orders to allow the applicant to
provide further instructions to its expert on the same matter
Mineral Resources Act 1989 Qld s 334ZJ(4), s 334ZJ(5), s
334ZJ(8)(k)
Uniform Civil Procedure Rules 1999 Qld r 378
National Management Group Pty Ltd v Biriel Industries Pty
Ltd trading as Master Steel & Ors (No 2)
[2019] QSC 276
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – GENERAL RULE: COSTS FOLLOW EVENT
– GENERAL PRINCIPLES AND EXERCISE OF DISCRETION – where
the applicant applied to set aside two adjudication decisions made
under the Building Industry Fairness (Security of Payment) Act 2017
(Qld) on the basis of jurisdictional error – where the
applicant was successful in respect of one of the adjudication
decisions – where, on an issue by issue analysis, both
parties enjoyed some success – whether costs should be
disposed of in accordance with the general rule. Uniform Civil
Procedure Rules 1999 Qld r 681, 684
Victoria
Argyrou v Victorian Building Authority
[2019] VSC 721
INJUNCTION – application for interlocutory
injunction to restrain defendant conducting disciplinary
proceedings – serious issue to be tried as to whether
defendant has jurisdiction to undertake disciplinary proceeding
– application brought at early stage of disciplinary
proceeding – plaintiff entitled to exercise rights of
internal review and appeal to Victorian Civil and Administrative
Tribunal if dissatisfied with outcome of disciplinary proceeding
– application for injunction refused – Building
Industry Act 1993 (Vic) ss 179, 182B, 182E, 185, 186, 187 sch 8 cls
3, 4 – Interpretation of Legislation Act 1984 (Vic) s 14(2)
– Victorian Civil and Administrative Tribunal Act 1998 ss 51,
148, 187 – Supreme Court (General Civil Procedure) Rules 2015
o 56
Vodafone Hutchinson Australia Pty Ltd v Greater Geelong
CC [2019] VCAT
1729
Section 77 of the Planning and Environment Act 1987
– Greater Geelong Planning Scheme – commercial 1 Zone
– Design and Development Overlay – telecommunications
facility – 20 metres high monopole containing three antennae
– whether permission required for use of land – visual
impact – orderly and proper planning – co-location of
telecommunications facilities
Dinh v Westgate Joinery & Cabinet Making Pty Ltd
(Building and Property) [2019] VCAT
1709
Domestic Building Contracts Act 1995 – s.8 –
implied warranties – whether work defective – evidence
– cost of rectification – order the Respondent to pay
to the Applicant $93,500.00
Legislation
NSW
Bills revised following amendment in Committee –
15 November 2019
Design and Building Practitioners Bill 2019
Fines Amendment Bill 2019
Water Supply (Critical Needs) Bill 2019
Bills passed by both Houses of Parliament
Water Supply (Critical Needs) Bill 2019
Victoria
Acts
Renewable Energy (Jobs and Investment) Amendment Act 2019
Act Number: 42/2019 Date of assent:6 November 2019
Bills
Building Amendment (Cladding Rectification) Bill 2019
Committee Date Committed: 11/12/2019
Third Reading Completed: Passed Date: 11/12/2019
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
