Mr. Hyde questions the Minister about the delay in reviewing the Construction Contracts Act 2004. The Minister acknowledges the delay, citing the need to consider new building legislation.

AnsweredQoN 7101Legislative Assembly
Asked
1 December 2011
Portfolio
Commerce

QuestionView source ↗

In reference to the
Construction Contracts Act 2004
, I ask:
(a) Is the Minister aware that Section 56. Review of Act, states as soon as practicable after the fifth anniversary of its commencement, the Minister must review the operation and effectiveness of this Act and prepare a report about the review; and
(b) why has the Minister failed to review the Act?

AnswerView source ↗

Answered
20 February 2012
Responded by
Minister representing the Minister for Commerce
Response time
81 days
(a) Yes. Section 56 of the Construction Contracts Act 2004 provides a trigger which allows for a review after the fifth anniversary of its commencement - July 2005 to July 2010.
The Act has been working well in providing an effective and efficient mechanism, as an alternative to more expensive and time consuming arbitration and litigation, for resolving payments disputes between contracting parties in the construction sector.
The Annual report, which is required by section 52 of the Act and is published on the Building Commission website, in itself provides relevant information relating to the operation and effectiveness of the Act.
(b) The review of the Act has been held over to allow the new building legislation, including the Building Services (Complaint Resolution and Administration) Act 2011 to come into effect. This allows the review, which will commence in 2012, to take place in the context of a reformed framework of building regulation.
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