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.
Consultation included face-to-face sessions, industry forums and the publication of a questionnaire and discussion paper.
Read the BIF Evaluation Plan (PDF, 396.18 KB) for details of the panel’s:
- evaluation activities
- stakeholder engagement plan
- individual work plans.
Read the Overview of Evaluation (PDF, 138.2 KB) for a summary and timeline of the activities.
All building and construction industry stakeholders were invited to participate in the activities.
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 money in the building and construction industry. The Panel identified 20 recommendations to enhance the existing framework and improve security of payment outcomes for the building and construction 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.
For more information view all recommendations in the Report (PDF, 1371.64 KB).
Government response to the Report
The Government has considered the Panel’s Report and considers the recommendations will enhance the legislative framework while providing a process for the private sector to implement Project Bank Accounts (PBAs). Consequently, the Government accepts or accepts in-principle the Panel’s recommendations.
Implementing the Panel’s recommendations will deliver an enhanced PBA framework that will be phased in over a number of years. This will allow time for businesses to change their financial management practices, adapt to not having the ability to co-mingle project funds to use on other projects, and provide for market readiness and industry education.
The Government’s approach will be to expand PBAs to:
- government building projects above $1 million, including Health and Hospital Services from 1 July 2020
- building projects above $10 million from 1 July 2021
- building projects above $3 million from 1 January 2022
- building projects above $1 million from 1 July 2022.
For more information read the 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 practicing lawyer, and Deputy Chair of the Queensland Building and Construction Commission
- Member: Mr Troy Lewis, specialist in construction litigation and security of payment law
- Member: Ms Fionna Reid, managing director at Aitchison Reid Building and Construction Lawyers.
Terms of reference
The panel’s terms of reference required the panel to evaluate:
- the effectiveness of the governments 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 the operating procedure (PDF, 277.1 KB) for information about the panel's terms of reference, scope of work, and panel member information.
Industry reference group
The panel were supported by an industry reference group. The group was comprised of the following representatives:
- Graham Mackrill, Air Conditioning and Mechanical Contractors Association
- Diane Tate, Australian Banking Association
- Stacy Kennedy, Australian Institute of Building Surveyors
- Jillian Carney, Consult Australia
- Chris Lynch, Electrical Trades Union
- Stacey Rawlings, Engineers Australia
- Michael Roberts, Housing Industry Association
- Grant Galvin, Master Builders Queensland
- Malcolm Richards, Master Electricians Australia
- Penny Cornah, Master Plumbers Association of Queensland
- Wayne Smith, National Fire Industry Association
- Gary O'Halloran, Plumbers Union
- Juanita Gibson, Subcontractors Alliance.
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The BIF Act requires a:
- review of the operation and effectiveness of the 2017 building and construction industry reforms
- report on the outcomes of the review tabled in Parliament by the Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport.
The BIF Act reforms that were evaluated include the:
- provisions to strengthen the powers of the Queensland Building and Construction Commission (QBCC)
- introduction of project bank accounts
- improved provisions for progress payments and subcontractors’ charges
- changes to the adjudication registry.
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- Call 13 QGOV (13 74 68)
- Last updated:
- 29 November 2019