Subject to contribution thresholds, where the Australian Government provides funding to agencies for building and construction projects, additional requirements may be imposed by the Australian Government through mechanisms such as funding agreements, grants and program funding arrangements. Information on some of these
potential obligations is set out below.
Australian Government's Building Code 2016
The
Code for the Tendering and Performance of Building Work 2016 (the
Building Code 2016) is established under the
Building and Construction (Improving Productivity) Act 2016 and sets out the Australian Government's expected standards for building industry participants involved in Australian Government funded construction projects. The
Building Code 2016 replaces the former
Building Code 2013 and commenced on 2 December 2016.
Under the Code, only building contractors who are compliant with the Code can tender for and enter into head contracts for building work funded directly or indirectly by the Commonwealth, subject to certain conditions. The Code also places obligations on the funding recipients (ie agencies), when certain thresholds of funding are met, to ensure key aspects of the Code are applied when procuring building works. These obligations will generally be imposed through the funding agreement between the Commonwealth and the State.
Responsibilities of funding recipients where the Code is required to be applied
Agencies should be familiar with the
Building Code 2016 requirements. Information on the obligations of agencies is contained on the
Australian Building and Construction Commission website (see specifically the section on funding entities and recipients).
Note: It is an agency's responsibility to ensure that all the necessary obligations are met, including where appropriate, inclusion of information relating to the Code in tender advertisements and in procurement documentation. Liaison with the Office of the Crown Solicitor is recommended in relation to any documentation requirements.
Australian Government building and construction industry WHS Accreditation Scheme
The Australian Government Building and Construction WHS Accreditation Scheme requires agencies to ensure that only builders who are accredited under the Scheme can enter into head contracts for building work. It applies to both building work directly funded by the Australian Government and also building work that is indirectly funded by the Australian Government - such as through funding arrangements with States and territories.
Where compliance with the Accreditation Scheme is required under a formal funding agreement or arrangement, agencies must apply the requirements of the Scheme and only engage appropriately accredited builders.