The Queensland Government has advised that it has rescinded the Implementation Guidelines to the Queensland Code of Practice for the Building and Construction Industry, effective from 20 February 2017. While the Queensland Code of Practice for the Building and Construction Industry will continue, particular provisions of the Guidelines have been found to duplicate obligations and therefore add an unnecessary regulatory burden upon industry consequent to the passage of the Commonwealth’s Building and Construction Industry (Improving Productivity) Bill 2013 which re-establishes the Australian Building and Construction Commission and commences the 2016 Federal Building Code.
Frequently Asked Questions
Do the Implementation Guidelines to the Queensland Code of Practice for the Building and Construction Industry (the Guidelines) still apply?
No, the Queensland Government has rescinded the Queensland Guidelines effective 20 February 2017. The Queensland Guidelines no longer apply on any projects.
Does the Queensland Code of Practice for the Building and Construction Industry (the Code) still apply?
Yes. The Code is a separate document to the Queensland Guidelines. The Code will still apply however the Queensland Guidelines which expanded upon the Code have been rescinded.
Will any action be taken as a result of audits undertaken prior to the rescinding of the Guidelines?
There will be no sanctions arising from audits undertaken prior to the rescinding of the Guidelines.
Has the Building Construction Compliance Branch (BCCB) been disbanded?
Yes. The BCCB, the body responsible for monitoring the Guidelines, has been disbanded.
Are contractors required to comply with the Queensland Guidelines on current projects?
No. However contractors must continue to comply, and should ensure familiarity with, legislative requirements on all projects. Contractors must also comply with contractual obligations on current projects, some of which may be contained in Workplace Relations Management Plans (WRMPs). The relevant Client Agency will ensure that the contractors is complying with any ongoing contractual obligations.
Who should incidents be reported to?
Incidents that are considered to be breaches of workplace health and safety, industrial or criminal laws should be reported to the appropriate State of Federal authorities.
What should contractors tell subcontractors about the Guidelines?
Contractors should advise their subcontractors that the Guidelines no longer apply.
Contractors should emphasise that compliance with relevant legislation is still required.
Will advertisements, tender and contractor documents need to be amended to remove all references to the Guidelines?
Yes. Government agencies and contractors will remove all references to the Guidelines and the BCCB in future documents. Existing documents do not need to be amended however the Client agency may waive relevant obligations referring to the Guidelines and the BCCB.
For further information, contact 07 3406 9999.