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Your obligations as a registered building service contractor when subcontracting for building services Construction contracts over the value of $20,000 (including GST) with a building service contractor will be required to be made in writing and contain mandatory information. This includes...
Information on the Building and Construction Industry (Security of Payment) Act 2021
The retention trust scheme under the Building and Construction Industry (Security of Payment) Act 2021 requires retention money withheld under eligible construction contracts to be held in a retention money trust account with a recognised financial institution. Timeline for the requirements: After...
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
This information sheet provides advice to persons in control of a workplace and those involved in inspecting, removing, managing or disposing of asbestos contaminated soils at workplaces. This information sheet deals with soils at a workplace, which are contaminated with asbestos containing...
Asbestos
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

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Publications

How to restore your Restricted Electrical Licence (Disconnect/Reconnect) Expired up to two years To restore a restricted electrical licence (disconnect/reconnect) that has been expired up to two...
Building and Energy
Form – application
22 Nov 2022
How to restore your expired Refrigeration & Air-conditioning Mechanic’s Restricted Electrical Licence Expired up to two years To restore a refrigeration & air-conditioning mechanic’s...
Building and Energy
Form – application
22 Nov 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
Employers have a duty of care under occupational safety and health laws (OSH) to ensure workers are not exposed to hazards in the workplace, as far as practicable. The workplace can be defined...
WorkSafe
Information
22 Nov 2021
On 25 June 2021, the McGowan Government enacted its signature Building and Construction Industry (Security of Payment) Act 2021 (the Act) to improve payment protections for contractors working the WA...
Building and Energy
Consultations / public comment
14 Jan 2022
The Construction Contracts Act 2004 (the Act) commenced operation on 1 January 2005. The Act provides a means for the rapid adjudication of payment disputes for parties to a contract for the carrying...
Building and Energy
Reports
28 Oct 2021
As part of its function, Building and Energy provides an avenue for both consumers and builders to resolve disputes relating to workmanship issues in connection with a regulated building services and...
Building and Energy
Fact sheet
22 Oct 2021
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...
Building and Energy
Plans
28 Jul 2022

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Announcements

Media statement from Hon. Amber-Jade Sanderson MLA , Minister for Commerce Three-stage action plan to implement Security of Payment reform package Industry education and support to help businesses adapt to changes New laws to commence from August 1 2022 The McGowan Government has today released an action plan for implementing landmark Security of Payment reforms to improve protections for...
Building and Energy
Media release
21 Sep 2021
Risk of electric shock from unprotected live parts of some stage lights Prohibition notices and recalls now in place in WA and Victoria Products include AVE tri-flat RGB LED PAR; AVE PAR 64; CR Lite Slim PAR 56 LED A range of portable theatre lights sold in WA have been recalled after the State’s electrical safety regulator found they could put users at risk of electric shock. Building and Energy...
Building and Energy
Media release
22 Sep 2021
Replacement roofs are over-represented regarding wind damage Investigation reveals inadequate tie-downs and absent building permits Building and Energy has published a re-roofing guide for home owners Following several cases where replacement roofs have dangerously lifted off in WA, the State’s building regulator is warning that suitable supports and expertise are essential when changing a roof...
Building and Energy
Media release
28 Jul 2021
Two separate incidents in WA resulted in serious leg burns Loose lithium-ion batteries can ignite if they touch coins or keys Safety warning for users of vapes and other portable devices WARNING: Images of burn injuries below. A Perth man has described the horrifying moment that a lithium-ion battery caught fire in his pocket with an “intense white light and heat”, causing agonising burns that...
Building and Energy
Media release
23 Jun 2021
The Building and Construction Industry (Security of Payment) Bill 2021 has today passed through Parliament The Bill will improve security of payment across the WA building and construction industry An additional $6.9 million allocated for implementation, training and compliance The McGowan Government's Building and Construction Industry (Security of Payment) Bill 2021 has today passed State...
Building and Energy
Media release
22 Jun 2021
Western Australia’s building regulator is reminding builders and their clients that any increases in the price of a home building contract must comply with legislation. The guidance from Building and Energy follows a sharp rise in enquiries from home owners about unexpected price increases to their fixed-price home building contracts, as well as about delays to building work. Building and Energy...
Building and Energy
Media release
10 Jun 2021
The customer lodged a complaint with Consumer Protection following stressful dealings with a roller shutter salesperson The contract did not follow Australian Consumer Law regulations around transparent and clear termination rights Two infringements totalling $13,200 were issued A Perth roller shutter trader has received two infringements totalling more than $13,000 after it was found to have...
Consumer Protection
Media release
01 Apr 2021
Amendments to the Occupational Safety and Health Regulations 1996, relating to health surveillance for workers exposed to respirable crystalline silica will come into effect on 15 April 2021. The amendments will require employers to provide a low-dose HRCT scan, supervised by an appointed medical practitioner, instead of the previously required chest X-ray. Western Australia is the first...
WorkSafe
Alert
18 Jan 2021
WA’s building regulator is seeking public comment on proposals to review registration requirements for building practitioners and contractors. The consultation is part of Building and Energy’s broad review of the compliance and enforcement framework for the WA building industry. The main aim of the initiatives is to improve confidence in the building sector and respond to a major national report...
Building and Energy
Media release
26 Nov 2020
Asbestos Awareness Week 2020 runs from 23-29 November 2020. Please take this opportunity to ensure your workplace asbestos management systems are up to date, and that workers are aware of these systems. And remember – buildings built before 1990 are likely to contain materials with asbestos content. Follow the links for more information: Asbestos Safety and Eradication Agency Industry checklist...
WorkSafe
Event
06 Nov 2020

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