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The retention trust scheme under the Building and Construction Industry (Security of Payment) Act 2021 requires construction contracts over $1,000,000 (including GST) entered into after 1 February 2023 that require the holding of retention money, to place retention money in a retention trust...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The Building and Construction Industry (Security of Payment) Act 2021 (Act) provides important payment protections for all participants in the Western Australian building and construction industry (some exclusions apply). It applies to construction contracts entered into on or after 1 August 2022...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The Building Commissioner has published a number of suggested forms and templates to help parties to engage with the payment process under the Building and Construction Industry (Security of Payment) Act 2021 . These include forms for making and responding to payment claims, as well as utilising...
Templates and user guides
An adjudicator or review adjudicator is registered under the Building and Construction Industry (Security of Payment) Act 2021 to receive adjudication and adjudication review applications and make determinations. All adjudicators and review adjudicators are required to adhere to the requirements as...
Adjudicators and review adjudicators
An Authorised Nominating Authority (ANA) is a body or individual authorised under the Building and Construction Industry (Security of Payment) Act 2021 to receive adjudication and adjudication review applications, nominate an adjudicator or review adjudicator to determine an adjudication...
Authorised nominating authorities
How can I comply with the new work health and safety laws? Under the Work Health and Safety and Regulations 2022 (WHS Regulations), duty holders will be required to manage the risk of falls at workplaces, as prescribed by the following regulations: Regulation 78 – Management of risk of fall...
Slips and trips and falls
Once the adjudicator has been appointed and received an application and the response (if permitted), the adjudicator has 10 business days to assess the application and make a determination. A determination is legally binding however does not remove your right to litigate at a later stage. Review...
Using the security of payment laws
If you have received a copy of an adjudication application, you will be required to prepare an adjudication response within 10 business days of receiving the application. This is your opportunity to outline your reasons for withholding money. Please note only reasons for withholding money that were...
Using the security of payment laws
Adjudication is a dispute resolution process to assist parties to resolve disagreements about a payment claim made for a progress payment. You can apply for adjudication where: You have made a valid payment claim under the Building and Construction Industry (Security of Payment) Act 2021 (the Act)...
Using the security of payment laws
If you have received a valid payment claim from your contractor or supplier, you are required to make payment in full by the due date, or if you do not agree with the claimed amount in whole or in part, you are strongly recommended to provide a payment schedule within 15 business days of receiving...
Using the security of payment laws

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Publications

The below information provides a description of activities which a Western Australia (WA) licensed land valuers is permitted to perform. If you are a WA licensee visiting another state under JobPass...
Consumer Protection
Information
29 Jun 2022
The below information provides a description of activities which a Western Australia (WA) licensed employment agent is permitted to perform. If you are a WA licensee visiting another state under...
Consumer Protection
Information
29 Jun 2022
The below information provides a description of activities which a Western Australia (WA) licensed settlement agent is permitted to perform. If you are a WA licensee visiting another state under...
Consumer Protection
Information
23 Jun 2022
This information sheet provides general guidance for workers and persons conducting a business or undertaking (PCBUs) on how to manage the risk of falls at work under the new work health and safety...
WorkSafe
Information
17 Jun 2022
Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) Statutory Review 2022 Have your say? Send us your answers from the workbook or complete the online survey Complete the online survey The...
Consumer Protection
Consultations / public comment
21 Jun 2022
This guide is designed to provide information and practical suggestions that may be helpful to you and others at a time when you are grieving and having to navigate legal and other processes...
WorkSafe
Guide / handbook
30 Mar 2022
Use this application guide to apply for a high risk work licence.
WorkSafe
Guide / handbook
30 Mar 2022
Employers (or persons conducting a business or undertaking) have a duty under OSH or WHS legislation to eliminate, or if that is not reasonable practicable, minimise the risks of COVID-19 at the...
WorkSafe
Information
18 Feb 2022
Important Please note, this discussion paper was amended on 29 March 2022 to rectify an error on page 9 of the paper that stated that 90% of associations fall within the Tier 1 financial reporting...
Consumer Protection
Discussion paper
05 Apr 2022
24 June 2021 Limitations on rewards for referrals Consumer Protection recently became aware of some settlement agents may be using creative methods to get around the prohibition on rewards for...
Consumer Protection
Bulletin
24 Jun 2021

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Announcements

Western Australia’s electrical safety regulator has concluded its investigation into the electrical accident that seriously injured a 12-year-old girl at a property in Beldon in March 2018. In a report released today, Building and Energy (formerly Energy Safety ) outlined the findings of its investigation into the cause of the accident. The investigation included on-site inspections and testing...
Building and Energy
Media release
27 Sep 2019
A Perth business that failed to provide documents to State Government electrical safety inspectors has been fined $25,000 on appeal after the Supreme Court ruled that the original $3,000 penalty was manifestly inadequate. Jason Aaron Nominees Pty Ltd , based in Willetton, was resentenced for breaching the Energy Coordination Act by not providing records requested by Energy Safety (now Building...
Building and Energy
Media release
04 Jun 2019
Selling cars without a motor vehicle dealer’s licence has cost a Perth man $5,000 after he was fined by the Perth Magistrates Court in a case brought against him by Consumer Protection. In addition to being fined $5,000, 32-year-old Rainer Puhmas from Innaloo was ordered to pay costs of $525.50 after pleading guilty by letter during the hearing on 3 May 2019. Rainer Puhmas bought 17 cars and sold...
Consumer Protection
Media release
16 May 2019
The Department of Mines, Industry Regulation and Safety (DMIRS) is conducting a stakeholder satisfaction survey to invite feedback on our services and our role as a regulator. The results will help DMIRS focus on business areas and services that need performance improvements. If you subscribe to a DMIRS email newsletter or subscriber news service, you may be contacted by email and invited to take...
Consumer Protection
Department News
29 Apr 2019
The following statement was issued by Hon Bill Johnston MLA, Minister for Commerce and Industrial Relations, on Tuesday 11 December 2018: John Fiocco's review of security of payment reform for WA subcontractors released Government will carefully consider all 44 recommendations The McGowan Government today released John Fiocco's final report on Security of Payment Reform in the WA Building and...
Building and Energy
Media release
11 Dec 2018
As of 1 January 2019, c ourtesy renewal reminder notices for licences, permits and registrations will only be sent electronically. The changes will apply to the following licensing authorities: Building Services Board Plumbers Licensing Board Director of Energy Safety For information on the renewal process and details on how to update your contact details, visit our Renewal reminder notices...
Building and Energy
Department News
05 Dec 2018
The Department of Mines, Industry Regulation and Safety’s inaugural Annual Report, tabled in Parliament on 19 September 2018, is now available on the website . The 2017-18 report highlights the department’s key achievements and financial performance for the last financial year and showcases what we do for the community of Western Australia. The report also includes independently audited reports...
Corporate
Department News
25 Oct 2018
Rand Transport (1986) Pty Ltd was handed a $45,000 fine and a $2900 costs penalty in the Perth Magistrate Court following serious ammonia gas burns to a contract worker. Rand, a cold storage food distributor, pleaded guilty to failing to provide and maintain a safe workplace where contractors were not exposed to hazards. On 11 December 2014, during the construction of a dividing wall within a...
WorkSafe
Media release
30 May 2018
FGS Contracting Pty Ltd and the Director Ryan Wayne Franceschi, were fined today in the Perth Magistrate Court in relation to serious injuries caused to a 17 year old worker in Esperance. FGS Contracting Pty Ltd was fined $225,000 for failure to meet their duty to provide a safe workplace and for failing to ensure the correct high-risk work license. Additionally, Franceschi as the Director was...
WorkSafe
Media release
18 May 2018
Axedale Holdings Pty Ltd, trading as Shaw’s Cartage Contractors, was fined in relation to the deaths of two labourers. The deaths were caused by falling concrete tilt-up panels at a Perth construction site. Axedale, among three parties charged, pleaded guilty to failing to ensure the safety of workers, and that failure causing the death of Joseph McDermott and Gerard Bradley. The fine totalled $...
WorkSafe
Media release
18 May 2018

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