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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 below information provides a description of activities which Western Australia (WA) registered painting practitioners are permitted to perform. If you are a WA licensee visiting another state under AMR, you are only allowed to perform the activities listed below. If you need to apply for a WA...
Initial registration
The below information provides a description of activities which Western Australia (WA) registered painting contractors are permitted to perform. If you are a WA licensee visiting another state under AMR, you are only allowed to perform the activities listed below. If you need to apply for a WA...
Initial registration
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

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Publications

THIS DOCUMENT IS NO LONGER CURRENT AND IS AVAILABLE ON THE WEBSITE FOR HISTORICAL PURPOSES ONLY. The public comment period on the Work Health and Safety Regulations for Western Australia closed on 26...
WorkSafe
Information
12 Nov 2021
Building Services Board policy for applying for registration under mutual recognition legislation.
Building and Energy
Policies
21 Oct 2019
This industry bulletin has been issued to provide information on new deemed-to-satisfy (DTS) provisions for fire sprinkler systems. The DTS provisions have been included in the 2019 National...
Building and Energy
Bulletin
13 Sep 2019
Public comment period has now closed regarding the regulations that will support the proposed Work Health and Safety Act for Western Australia (WHS Act (WA)). THIS DOCUMENT IS NO LONGER CURRENT AND...
WorkSafe
Information
27 May 2021
The Construction Industry Safety Advisory Committee (CISAC), a tripartite committee of the Western Australian Commission for Occupational Safety and Health, has been made aware of alleged non-...
WorkSafe
Bulletin
08 Mar 2019
Report of the Construction contracts register for the financial year to 30 June 2006.
Building and Energy
Reports
12 Dec 2018
Report of the Construction contracts register for the financial year to 30 June 2007.
Building and Energy
Reports
12 Dec 2018
Report of the Construction contracts register for the financial year to 30 June 2008.
Building and Energy
Reports
12 Dec 2018
Report of the Construction contracts register for the financial year to 30 June 2009.
Building and Energy
Reports
12 Dec 2018

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Announcements

A Joondanna tradesman who falsely claimed to be a registered painter has been fined $5,000 at Perth Magistrates Court for several offences under WA’s building laws. Alex Mazloomi , trading as Arios Painting and Decorating , did not appear in court on 5 October when he was found guilty of six charges brought by the Building Commissioner. The court heard that Mr Mazloomi was not a registered...
Building and Energy
Media release
18 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
Construction Contracts Act videos and fact sheets Building and Energy has undertaken a full redesign of the section of our website which provides information and guidance to industry and the general public in respect of the Construction Contracts Act 2004 (the CCA). The CCA establishes a process through which construction sector participants can access fast, cost effective dispute resolution...
Building and Energy
Department News
09 May 2018
A Cannington company and one of its directors have been prosecuted by the Building Commissioner and fined a total of $6,000 for registration offences the company committed while contracting for the fit-out of a Wellard fast food outlet in 2014.
Building and Energy
Media release
13 Mar 2018
The WA Government has announced a review to improve security of payments for subcontractors in Western Australia's building and construction industry, and the establishment of an Industry Advisory Group (IAG).
Building and Energy
Department News
23 Feb 2018
Esperance builders FGS Contracting Pty Ltd (BC101335) and Ryan Wayne Franceschi (BP101345), who is the company’s sole director and nominated supervisor, have been fined $5,000 each and are no longer registered builders in Western Australia.
Building and Energy
Media release
23 Feb 2018
Changes have been made to the registration requirements for painting practitioners. The Building Services (Registration) Amendment Regulations (No. 2) of 2017 will improve and clarify the qualification requirements for registration as a painting practitioner. The Amendment Regulations will come into effect on 1 September 2018 . Currently, regulation 31 of the Building Services (Registration)...
Building and Energy
Department News
31 Jan 2018
The Department of Mines, Industry Regulation and Safety (DMIRS) has now formally merged the operations of the former Building Commission and Energy Safety to form the new Building and Energy Division. Ken Bowron will lead the Building and Energy team. He holds the statutory positions of the Building Commissioner and the Director of Energy Safety. Building and Energy oversees the regulation of...
Building and Energy
Department News
30 Jan 2018

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