Page 106 - Week 01 - Tuesday, 25 February 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
Consider the work that asbestos assessors, asbestos removalists, building surveyors and builders do. Consider the hazards they work with and their role in protecting themselves and us from harm caused by these hazards. At their most fundamental, construction standards are in place for protecting the life, safety and health of building occupants and the public. They also protect other practitioners working on and around construction sites. This is why the underlying skills and commitment of construction licensees to the quality of their work is important.
While minor breaches of standards may cause only inconvenience, serious breaches can cause major damage to property and the environment or, worse, they can result in harm to people or even potentially death. That is why it is important that offences and penalties in law reflect the potential consequences of failing to comply with construction law.
If the ACT is to make lasting improvements in the quality of construction work then compliance and good practice must be embedded all the way through a practitioner’s career, from initial training through to the day they hang up the tools or stop teaching others. The government’s ongoing discussions with construction practitioners and industry associations highlight that the majority of industry members share this view and they are equally committed to removing poor practice. They take their obligations to their clients and to the community seriously.
This bill therefore will put in place amendments that will significantly strengthen the foundation of the construction regulatory scheme. Principal among these are to recast existing offences and introduce new penalties for contravening regulations for building work involving asbestos, failing to comply with the Building Code, failing to comply with the requirements for carrying out building work and intentionally failing to comply with a rectification order.
The bill will bring the offences and penalties for significant breaches of the Building Act and the Construction Occupation (Licensing) Act in line with territory legislation for breaches with similar consequences. This includes the Work Health and Safety Act and the Dangerous Substances Act.
The new penalties comply with the principle that an offence should have a single maximum penalty that is adequate to deter and punish a worst case offence, including the case of a repeat offence. The offences in the bill are designed to reflect the different roles of landowners, licensees and other parties to building work. The penalties also increase depending on whether the noncompliance was intentional or done knowingly or even recklessly. The offences with the highest penalties in the bill are for licensed people that knowingly or recklessly carry out building work in contravention of the act or intentionally contravene a rectification order.
Landowners also have obligations under the Building Act. While many owners do not have particular skills and expertise in building, landowners and developers can intentionally breach the requirements of the Building Act or commission work that they know will not comply. The bill recognises this and also includes penalties for landowners in such situations.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video