Building Industry Fairness Reforms Implementation and Evaluation Panel
The Building Industry Fairness Reforms Implementation and Evaluation Panel was established by the Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport on 14 May 2018 for a 12-month term.
The independent panel was appointed to work with government and the building industry to assess the implementation and effectiveness of the building industry fairness reforms. The panel engaged in extensive evaluation and consultation activities to inform its report and recommendations.
The Panel has provided its report Building Fairness: An Evaluation of Queensland’s Building Industry Fairness Reforms (PDF, 1371.64 KB) (the Report) to the Queensland Government.
Report findings and recommendations
The Panel found that the BIF Act reflects the government’s policy intent to effect cultural change to provide for effective, efficient and fair processes for securing payment in the building and construction industry. The Panel identified 20 recommendations to enhance the existing framework and improve security of payment outcomes for the industry.
The 20 recommendations are grouped in the following three themes:
- Managing the financial transition to enable industry to get ready for future implementation
- Simplifying the framework to reduce administrative costs while providing for effective monitoring and enforcement
- Improving protections, including having a single retention trust account to be held by all contractors and private principals in the contractual chain.
Government response to the Report
The Government considers the Panel’s recommendations will enhance the present legislative framework and provide a measured process for the private sector to implement trust accounts. Consequently, the Government accepts or accepts in-principle the Panel’s recommendations.
Implementing the Panel’s recommendations will deliver an enhanced trust account framework that will be phased in over a number of years. This will allow time for industry to prepare for the changes and for industry education to occur.
Recommended changes will also enhance the progress payment process.
Following the recommendations of the Panel the Government introduced the Building Industry Fairness and Other Legislation Amendment Bill 2020 into the Legislative Assembly on 5 February 2020.
For more information read the Government response to the Panel Government response to the Panel’s report (PDF, 694.57 KB).
About the Panel
The Panel’s membership comprised:
- Chair: Ms Bronwyn Weir, managing director and consultation specialist in regulatory practice, enforcement and compliance matters in the building and construction industry
- Deputy Chair: Ms Jennifer Robertson, corporate governance consultant and practising lawyer, and former Deputy Chair of the Queensland Building and Construction Commission
- Member: Mr Troy Lewis, specialist in construction litigation and security of payment law, and Partner, Holding Redlich
- Member: Ms Fionna Reid, managing director at Aitchison Reid Building and Construction Lawyers.
Terms of reference
The Panel’s Terms of Reference required it to evaluate:
- the effectiveness of the Government’s implementation of the suite of building industry reforms
- the effectiveness of the legislative framework in achieving policy intent
- opportunities to realise improved security of payment outcomes for industry prior to the commencement of project bank accounts in the private sector
- the indicative economic impacts and outcomes of the building industry reforms.
See Building Fairness: An Evaluation of Queensland’s Building Industry Fairness Reforms (PDF, 1371.64 KB) for more information about the panel's terms of reference, scope of work, and Panel member information.
The Building Industry Fairness (Security of Payment) Act 2017 (BIF Act) requires a:
- review of the operation and effectiveness of the 2017 building and construction industry reforms
- report on the outcome of the review to be tabled in the Legislative Assembly by the Minister.
The BIF Act reforms that were evaluated included:
- introduction of Project Bank Accounts (PBA)
- oversight and regulation of PBA
- provisions regarding progress payments
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- Last updated:
- 3 June 2020