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Legislative Assembly for the ACT: 2016 Week 6 Hansard (9 June) . .

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prepared by the Justice and Community Safety Directorate in close consultation with ACT Policing. It provides an overview of consorting laws in Australia and a proposed model for implementation in the ACT. It also raises issues for consideration in relation to the impact of these laws on vulnerable people, the way that the warnings operate and whether the model effectively protects and balances fundamental human rights. The government will carefully consider the submissions that I expect will be made on this paper. I commend this bill to the Assembly.

Debate (on motion by Mr Wall) adjourned to the next sitting.

Building and Construction Legislation Amendment Bill 2016

Mr Gentleman, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR GENTLEMAN (Brindabella—Minister for Planning and Land Management, Minister for Racing and Gaming and Minister for Workplace Safety and Industrial Relations) (11.17): I move:

That this bill be agreed to in principle.

The Building and Construction Legislation Amendment Bill is an important part of a reform package to increase the effectiveness of the ACT building and construction regulatory system. These reforms have been developed in response to public consultation and community and industry views on proposals and options to improve the system.

There are two main aspects of the bill: amendments enabling the implementation of short-term and priority building reforms, and amendments to legislation to improve its operation and make existing obligations clearer. Amendments in the bill enhance the system as it applies through the cycle of building—from pre-construction design and licensing requirements to obligations throughout the construction process to post-construction and occupancy with changes to statutory protections for residential building owners.

The amendments are described in detail in the explanatory statement of the bill. One of the most significant amendments in this bill is to extend statutory warranties to all private residential buildings rather than only those that are three storeys or lower. This includes a part of a building that provides structural support to the residential part of the building, such as a basement or car park.

The current warranties are six years for structural defects and two years for non-structural defects. A licensed builder is already required to build in accordance with the Building Act, including ensuring building work meets the building code and is completed in a proper and skilful manner using appropriate materials and products. I consider that it is reasonable to expect a builder to warrant any building they build and for statutory protections to apply equally to all residential owners.


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