Public consultations

Proposed consolidation of building related health (public buildings) provisions into the NCC

Your comments are sought on a proposal to consolidate some building related provisions, currently contained in the Health (Public Buildings) Regulations 1992 (the Health Regulations), into the Western Australia State Appendices of the 2019 edition of the National Construction Code – BCA Volume One (the BCA).

The Western Australian government is keen to reduce red tape wherever possible, and this collaborative project between the Department of Health and the Department of Mines, Industry Regulation and Safety, Building and Energy Division, aims to achieve this for industry.

The provisions identified for consolidation are outlined in the following documents:

Currently, proponents of a Class 9b or a Class 6 building (public buildings) are required to consider relevant building related provisions in both the BCA and the Health Regulations (which fall outside the building approval process). Not having the provisions in one reference document (i.e. the BCA) has contributed to delays and confusion. In some cases, newly constructed buildings, completed pursuant to a building permit, have had to be modified due to non-compliance with related Health (Public Buildings) Regulations.

The intent is for the provisions to be incorporated into the main text of the BCA in the future.

Please email your comments to by Friday 6 July 2018. Enquiries may be directed to Mark Riordan on 1300 489 099.

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 (ie 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 David Purshouse at

Review of the Architects Act 2004 

The Architects Act 2004 (the Act) commenced on 16 November 2005 to:

  • regulate the registration of individuals, and licensing of corporations, as architects;
  • regulate and restrict the use of the words “architect”, “architects”, “architectural” or “architecture”; and
  • set up the Architects Board of Western Australia.

A statutory review of the Act is now due.

About the Architects Board

Architects are registered through the Architects Board of Western Australia.  The Board is self-funding and operates independently of the Department of Mines, Industry Regulation and Safety.  The Minister for Commerce is responsible for the appointment of six board members (four consumer representatives and two industry members) and four members are elected by registered architects.

About the Review

The process of the review will be in two key stages. The release of this Consultation Regulatory Impact Statement (CRIS) constitutes the commencement of the public comment phase of the statutory review of the Act.  Recommendations are included to focus discussion on the key areas highlighted for change. After reviewing comments arising from this first stage, a Decision Regulatory Impact Statement (DRIS) will be published which contains the government’s preferred options for implementation. The DRIS provides the opportunity for stakeholders to comment on the actual proposed changes.

The Consultation Regulatory Impact Statement (CRIS)

The purpose of this CRIS is to identify, examine and seek comments on key issues arising out of the Act and the regulation of the architecture occupation in Western Australia and to determine whether the policy objectives of the Act are still valid.

The paper addresses some broad policy issues concerning the need to register architects, the adoption of a national recognition model, whether to extend the registration of architects to other building design para-professionals, if there is merit in bringing the registration of architects under the Building Services (Registration) Act 2011, as well as a number of more minor changes to improve the operation of the Act and remove red tape.


The paper concentrates on key areas of the Act. However, the Western Australian Government welcomed comment on all parts of the Act.

If you have any comments regarding the review that you would like to contribute, please contact us at

All responses received will be publicly available on our website.  

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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