How can I comply with the work health and safety laws? Under the Work Health and Safety and Regulations 2022 (WHS Regulations), duty holders will be required to manage the risk of falls at workplaces, as prescribed by the following regulations: Regulation 78 Management of risk of fall Regulations...
Once the adjudicator has been appointed and received an application and the response (if permitted), the adjudicator has 10 business days to assess the application and make a determination. A determination is legally binding however does not remove your right to litigate at a later stage. Review...
If you have received a copy of an adjudication application, you will be required to prepare an adjudication response within 10 business days of receiving the application. This is your opportunity to outline your reasons for withholding money. Please note only reasons for withholding money that were...
Adjudication is a dispute resolution process to assist parties to resolve disagreements about a payment claim made for a progress payment. You can apply for adjudication where: You have made a valid payment claim under the Building and Construction Industry (Security of Payment) Act 2021 (the Act)...
If you have received a valid payment claim from your contractor or supplier, you are required to make payment in full by the due date, or if you do not agree with the claimed amount in whole or in part, you are strongly recommended to provide a payment schedule within 15 business days of receiving...
The Building and Construction Industry (Security of Payment) Act 2021 (the Act) promotes cash flow in the building and construction industry in WA by providing a number of protections for subcontractors and a mechanism for the recovery of payments. To exercise your rights to get paid and recover...
The Building and Construction Industry (Security of Payment) Act 2021 (the Act) commenced in a staged approach from 1 August 2022. The Act introduces industry wide laws to enhance payment protections for contractors (including subcontractors and suppliers), and introduces reform in four areas: New...
The Building and Construction Industry (Security of Payment) Act 2021 (the Act) applies to certain types of contracts entered into between builders/contractors and homeowners for home building work. This ensures those working in the residential segment have access to the payment protections under...
The WA building industry is currently impacted by an Australia-wide shortage of building materials and skilled workers, which is affecting project timeframes and costs. This is not unique to WA and is happening across the world. A guide to building a home in challenging times Content on this...
The current, Australia-wide shortage of building materials and skilled trades is impacting the residential construction industry in Western Australia. Supply of building materials has been affected by the COVID-19 pandemic and increased building activity following the State and Federal stimulus...
This guidebook and associated documents have been written to assist current and future parties that are using, or will use, retention money as a method of performance security to understand their...
What is the Retention Trust Scheme? The Building and Construction Industry (Security of Payment) Act 2021 establishes a retention trust scheme to better protect retention money such as cash security...
Under the Work Health and Safety (General) Regulations 2022, clearance inspections must be conducted for all licensed asbestos removal work and a clearance certificate in writing must be issued...
Practical tips to protect homes and keep those sheltering in them safe from cyclone damage. Cyclone season in Northwest Australia typically runs from November to April although warmer ocean...
Disclaimer – The information contained in this guide is provided as general information only. It should not be relied upon as legal advice or as an accurate statement of the relevant legislation...
How to submit your application for an asbestos assessor licence Once you have completed the application form and have all of your supporting documents ready, you can lodge your application in one of...
This Industry Bulletin provides information relating to new Western Australian State Variations introduced in the 2022 edition of the National Construction Code.
This report details individual local government private swimming pool safety barrier inspection figures for the 2021/22 period, as voluntarily reported by those local governments.
The Building Amendment Regulations (No. 2) 2022 (Amendment Regulations) were published in the Government Gazette on 23 September 2022 and commence operation on 1 May 2023. The Amendment Regulations...
Persons conducting businesses or undertakings (PCBUs), including mine operators, have an obligation to carefully assess the validity of qualifications, supporting documentation and training...
Media statement from Commerce Minister – Hon Roger Cook BA GradDipBus MBA MLA Boost for safety, confidence and consumer protection as McGowan Government approves preparation for new regulations to register building engineers Western Australia's first ever engineer registration scheme Part of suite of reforms to modernise and improve WA's building regulatory framework The McGowan Government has...
The Minister for Industrial Relations has approved a series of Work Health and Safety codes of practice which came into effect today. These codes have been adapted for Western Australian work health and safety environments from the Model codes of practice published by Safe Work Australia, developed through consultation with unions and employer organisations. Dr Patricia Todd, Chair of the Work...
Home owners left with defective, incomplete and unauthorised building work No nominated supervisor or building permits for some of the work $3,000 fine for breaches of WA’s builder registration laws The Building Services Board has fined a Success building company $3,000 for carrying out unauthorised, defective and inadequately supervised work during an outdoor renovation project in Stirling. The...
Premises certified despite not complying with applicable building standards Fire safety risks for building occupants, including a child-care centre Registered building surveying contractor and practitioner fined $5,000 each The Building Services Board has fined a Perth building surveying company and its former supervisor $5,000 each for incorrectly certifying that a commercial premises complied...
Directors admit to sourcing and providing fake insurance certificates, falsely representing a project value and failing to ensure oversight of building services State Administrative Tribunal orders global fines of $35,000 each Western Australian Construction Pty Ltd entered administration in 2020 Two former building company directors have been fined a total of $70,000 after admitting to forging...
WA building sector impacted by worldwide shortages and rising costs Information for consumers facing delays, cost increases and other challenges Resources available at the Building and Energy website (dmirs.wa.gov.au) WA’s building regulator has developed helpful information to assist consumers affected by current challenges in the home building sector, including impacts on project timeframes and...
Only registered painters can legally carry out paid painting work over $1,000 Consumers are encouraged to check the Register of Painters Building and Energy has received 59 complaints about painting work this financial year Following recent action by Building and Energy, consumers are reminded that painters must be registered to carry out paid painting work valued at $1,000 or more. Painting...
A new 2021 edition of AS/NZS 1170.2 Structural design actions - Wind actions has been included for adoption in the 2022 edition of the National Construction Code (NCC). The new edition of AS/NZS 1170.2 has many improvements, however it also includes a reduction in design wind speeds for wind Region D.
Wind Region D is unique to Western Australia. It is a 50km...
Roof of a two-storey Alkimos home detached during a storm in Easter 2019 Inadequate systems and procedures led to insufficient roof tie-down connections $15,000 fine for company and reprimand for Mr Trager following SAT mediation The State Administrative Tribunal (SAT) has fined Perth builder Ben Trager Homes Pty Ltd $15,000 and reprimanded its nominated supervisor Ben Trager for not properly...
Perth tradeswoman contracted for home renovation and painting work without the required registrations Deposits over the legal limit of 6.5 per cent were taken from the home owners Mandatory contract notices were not given to home owners A Perth tradeswoman has been fined a total of $7,400 after pleading guilty to seven offences including contracting for building and painting work without the...