Public consultations

Building and Energy produces and amends legislation, codes of practice, guidelines, proposals and general safety information. Where public comment is invited, draft copies of the documents are placed on this page.

Proposed reforms to WA’s building approval process framework for single residential buildings

Have your say on home building approvals

Building and Energy is inviting Western Australians to share their views on ways to improve the efficiency and effectiveness of home building approval processes.

A public consultation launched on 11 September 2019 is seeking input from property owners, the building industry, local government and other stakeholders with an interest in home construction.

Reforms to the building approval process for single residential buildings in Western Australia – Consultation Regulatory Impact Statement (the CRIS) seeks comment on three options for reforming the building approvals process for single residential buildings; being:

  • Retain the status quo, business as usual;
  • Implement full private certification of building approvals;
  • Implement improvements to the current system of building approvals.

Key among the reforms are proposals to implement recommendations from Building ConfidenceImproving the effectiveness of compliance and enforcement systems for the building and construction industry across Australia (the Building Confidence Report).

The closing date for receipt of comment on the CRIS is 9 December 2019.

Reforms to the building approval process for single residential buildings Click here to download the CRIS

You can complete the template at the link above or written submissions or letters can be emailed to BuildingReview@dmirs.wa.gov.au or posted in hard copy to the following address:

Attn: Building Approval Review Team
Policy and Legislation Branch
Building and Energy
Department of Mines, Industry Regulation and Safety
Locked Bag 100
EAST PERTH  WA  6892

At the conclusion of the public comment period, Building and Energy will prepare a Decision Regulatory Impact Statement, taking into account the feedback received during the consultation process.

Please direct any enquiries to BuildingReview@dmirs.wa.gov.au or phone 1300 489 099.

Electricity (Network Safety) Amendment Regulations 2019

Building and Energy proposes to amend the Electricity (Network Safety) Regulations 2015.

You are invited to review and comment on the text of the proposed amendments referred to below.

The proposed amendments are shown in two forms:

  • In context, which shows how the proposals will appear in the amended text of the regulations; and
  • as an explanatory memorandum, which shows each proposed amendment followed by the reason why the amendment has been proposed.

Please send any comments regarding the proposed amendments to ENSR@dmirs.wa.gov.au by 5pm on Friday 4 October 2019.

Review of the remote Aboriginal communities plumbing scheme

In December 2016, the Plumbers Licensing and Plumbing Standards Regulations 2000 were amended to enable basic emergency plumbing work to be performed in eligible remote Aboriginal communities by suitably trained Environmental Health Workers in prescribed circumstances (the ‘remote Aboriginal communities plumbing scheme’).
 
In introducing the remote Aboriginal communities plumbing scheme, the former Building Commission (now the Department of Mines, Industry Regulation and Safety – Building and Energy Division (Building and Energy) committed to reviewing the scheme once it had been in operation for at least 12 months.
A review of the remote Aboriginal communities plumbing scheme has now commenced and Building and Energy has developed a consultation paper to seek feedback from stakeholders. 
 
Building and Energy would like to hear your views on the issues raised in the consultation paper, and especially the following:
  • your views on the current operation of the remote Aboriginal communities plumbing scheme;
  • your views on proposed amendments to the scheme based on an analysis of the operation of the scheme to date; and
  • possible means to better measure the effectiveness of the scheme.
To provide your feedback, please use the contact details provided on page 6 of the consultation paper. Closing date for submissions is 5pm on Monday 30 September 2019.
 

 

Progress payments and deposits in the Western Australian cabinet making industry

In 2018, the Cabinet Makers Association of Western Australia met with the then Minister for Commerce, the Hon Bill Johnston MLA, in relation to difficulties experienced by cabinet makers in legally claiming progress payments from their clients under the provisions of the Home Building Contracts Act 1991. The Minister asked the Department of Mines, Industry Regulation and Safety (DMIRS) to investigate options to address these concerns.

The purpose of this consultation paper is to obtain building industry and public comment on two options for change that have been identified. It is also an opportunity for stakeholders to put forward any alternative views and options. Following receipt and analysis of comment, DMIRS will provide a final report with recommendations for change to the Minister for Commerce, the Hon John Quigley MLA.

Submissions and comments are invited by 6 September 2019.

Enquiries can be emailed to progpay@dmirs.wa.gov.au

Progress payments and deposits in WA cabinet making industry Click here to download the document

Advertisement of fixed/low-fee adjudications/advisory services

As part of its role in administering the Construction Contracts Act 2004 (the Act) and promoting the use of rapid adjudication to resolve contractual payment dispute, Building and Energy is interested in providing information to construction industry participants on the availability of:

  • adjudicators who are willing to conduct adjudications under the Act at a fixed fee or low cost rate; and
  • adjudicators who provide or are willing to provide advisory services to assist with preparing applications (or responses) in adjudication proceedings, and/or providing advice on contractual payment disputes.

Building and Energy is particularly focused on providing information to parties involved in lower value contractual payment disputes (i.e. less than $100,000), as they tend to be less familiar with using the adjudication process under the Act.To this end, Building and Energy is seeking expressions of interest from registered adjudicators who currently provide, or are interested in providing, adjudications and/or advisory services to parties on a fixed fee or low cost basis for low value payment disputes.

Details on the requirements and how to submit an expression of interest are available in the document EOI – Advertisement of fixed/low-fee adjudications/advisory services.

Enquiries can be emailed to cca@dmirs.wa.gov.au.

Review of the Architects Act 2004  – Report tabled in Parliament

About the Architects Board

The Architects Board of Western Australia is established by the Architects Act 2004 (the Act). The Board has registration, education, complaints and investigations powers. The Board is self-funding and operates independently of the Department of Mines, Industry Regulation and Safety. Further information about the Board and its activities is available on the Board’s website at www.architectsboard.org.au.

Under section 81 of the Act, the Minister for Commerce is responsible for carrying out a review of the operation and effectiveness of the Act and tabling a report on the review in Parliament.  The review process commenced with a consultation paper in 2015 by the former Building Commission which was then set aside due to urgent policy priorities in other areas. The further review of submissions, research, analysis and consultation with key stakeholders took place in 2018.

The Report of the Statutory Review of the Architects Act: Decision Regulatory Impact Statement (the DRIS) was tabled in Parliament on 12 March 2019.  

Report findings

The DRIS found that the Board is operating effectively and within budget under the current objects of the Act. The DRIS noted strong consumer protection benefits for clients of architects under the current regulatory model, such as:

  • strong requirements for registration;
  • complaints investigation;
  • capacity for disciplinary action before the State Administrative Tribunal;
  • requirements for continuing professional development; and
  • review and accreditation of architecture courses.  

In addition, there are broader risk mitigation benefits for the building and construction industry arising from the regulation of architects, continuing professional development framework (audited by the Board) and professional indemnity insurance requirements. 

The DRIS proposed a range of legislative improvements to the Board’s election and voting processes, clarification of investigation capacity, increases in penalties and improvements to the registration and licensing regime.

The DRIS noted a report requested by the Building Ministers’ Forum has identified new national recommendations for changes to building regulation, including recommendations for the building design sector. These recommendations will be canvassed as part of a broader review of the building legislation framework by the Department of Mines, Industry Regulation and Safety. 

Review of plumbing

The Building and Energy Division of the Department of Mines, Industry Regulation and Safety (DMIRS) is seeking comment on a number of proposals to reform the Plumbers Licensing Act 1995 and the Plumbers Licensing and Plumbing Standards Regulations 2000.

The reform proposals are outlined in a Consultation Regulatory Impact Statement (CRIS) published by DMIRS on 1 May 2018. The proposals represent the final stage of a significant program of reform of Western Australia’s plumbing laws that commenced in 2014 following the publication of a report commissioned from independent consulting firm, ACIL Allen Consulting.

The reforms discussed in the CRIS cover a number of important issues that are aimed at modernising the legislation to ensure it is appropriate for today’s plumbing and water conservation industries, is sufficiently flexible to keep pace with future changes in the industry, and can facilitate technological innovation.

Have your say

Everyone who works in the plumbing industry, or who has an interest in shaping the future of plumbing regulation in Western Australia is encouraged to read the CRIS and provide comment on the proposals it contains.

The closing date for the receipt of comment on the CRIS is 31 July 2018.

Further information can be found on the “Plumbing review” webpage.

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