MBA Responds to Building & Construction Amendment Bill

Posted 14 November 2019

MBA Responds to Building & Construction Amendment Bill

Members will be aware that on October 24 the Minister for Building Quality Improvement tabled new legislation that would make directors of licensed companies personally liable for building defects.

The release of this Bill was surprising for a number of reasons:

·         There was no consultation with any industry stakeholders before the Bill’s release

·         The Bill does not address any of the 43 ACT building reforms

·         The Bill does not address any of the 24 Building Confidence Report reforms

On behalf of our members, the MBA has reacted quickly to respond to the Bill. We are currently working to have the Bill deferred so that we can engage with Government to review the Bill.

It is important to point out that the MBA is supportive of Government reforming the building regulatory system and attempting to improve building quality. Our objection to this Bill should not be interpreted as an objection to holding builders to account, or blocking Government policies to improve building quality. However, we do not believe that this Bill is the best way to achieve the Government and industry’s shared objective of striving for building quality.

Since the release of the Bill we have taken the following actions on behalf of our members:

·        We have made a submission to the Legislative Assembly Inquiry on 13 November.

·        We have met with the Minister for Building Quality Improvement on 4 November to discuss the Bill.

·        We have engaged with the Canberra Liberals and are meeting with the ACT Greens to discuss the Bill.

·        We are seeking a meeting with the Chief Minister to discuss the impact of the Bill.

·        We are seeking meetings with the relevant Federal Minister’s to discuss the impact of the Bill and the interaction with Commonwealth Laws.

·        We are seeking Senior Counsel’s advice on the Bill.

·        We have issued a number of media releases outlining our comments on the Bill.

·        We are working cooperatively with other industry groups, including the Canberra Business Chamber and Property Council of Australia, to respond to the Bill.

A copy of our submission will be distributed to our members once it is available on the ACT Legislative Assembly website. 

We will continue to update members on the progress of our advocacy efforts, and continue to advocate for building quality reforms which are fair, effective, and developed with appropriate industry consultation. 

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