Security of payment

Action Plan for Reform

An Action Plan for reform to introduce better payment protections for all participants in the Western Australian building and construction industry was released by the Minister for Commerce in September 2021. 

Security of payment – Action plan

What does the Action Plan do?

The Action Plan sets out a clear roadmap for how the important reforms in the Building and Construction Industry (Security of Payment) Act 2021 (the Act) will be implemented.

What’s in the Action Plan?

The Action Plan gives an outline of the major changes in the Act, who will be affected, brief guidance on what the reforms will mean for various businesses.  

The Action Plan contains a three-stage implementation roadmap for the various part of the Act –

  • Stage 1 (1 August 2022) – implementation of the new security of payment laws.
  • Stage 2 (1 February 2023) – implementation of the first phase of the retention trust scheme and the new Regulator powers.
  • Stage 3 (1 February 2024) – implementation of the second phase of the retention trust scheme and fairer contracting practices.

Each stage will be supported by industry education initiatives to assist businesses understand and adapt to the changes.  

Consultation on supporting regulations

The consultation draft of supporting regulations to the new Act has been uploaded to the DMIRS website:
Consultation – Building and Construction Industry (Security of Payment) Regulations 2022 and associated matters
Consultation ends 5pm, 21 January 2022

All industry participants are encouraged to consider the draft regulations and provide feedback before the consultation end date.

A public briefing session was held on the draft regulations on December 1, 2021. A copy of the presentation used on the day can be found here: Public information session – Powerpoint presentation

View the Minister's media announcement here.

Applying for authorisation as a nominating authority:

The Building Commissioner is accepting applications from interested persons for authorisation as a nominating authority.

Authorised nominating authorities will perform a vital role in relation to the security of payment laws under the Act.

The authorisation of a person as a nominating authority will entitle them to receive adjudication and adjudication review applications, and to nominate an adjudicator or review adjudicator to determine an adjudication application or adjudication review application.

An application for authorisation as a nominating authority must be made using Form 2 Authorisation – Nominating Authorities

Training course requirements: registration as a provisional adjudicator, adjudicator or review adjudicator under the Act:

The Building Commissioner Policy – Approval of adjudicator training courses sets out the Building Commissioner's content and form requirements of training courses for the purposes of adjudicators being registered under the Act, together with the manner in which applications can be made to the Building Commissioner for approval of an adjudicator training course.

Latest updates

Announcement on industry education program for new subcontractor protection laws
View the announcement

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