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.
