Project bank accounts get committee approval

We refer to our update on the proposed project bank accounts dated 6 September 2017. We can now advise that the Public Works and Utilities Committee (the committee) reported to Parliament on its recommendations on 13 October 2017.

Role of the committee

The PWUC is a portfolio committee of the Legislative Assembly.

Inquiry referral and committee process

The Building Industry Fairness (Security of Payment) Bill 2017 (bill) was introduced into the House by the Hon. Mick de Brenni MP, the Minister for Housing and Public Works and Minister for Sport (the Minister) and referred to the committee on 22 August 2017. In accordance with the Standing Orders, the Committee of the Legislative Assembly required the committee to report to the Legislative Assembly by 13 October 2017.

During its examination of the bill, the committee:

  • invited stakeholders and subscribers to lodge written submissions;
  • received a public briefing from the Department of Housing and Public Works (DHPW/the department) and the Queensland Building and Construction Commission (QBCC) on 6 September 2017;
  • received written advice from DHPW on issues raised in submissions on 18 September 2017; and
  • held a public hearing in Brisbane on 20 September 2017.

Recommendation 1

The committee recommends the Building Industry Fairness (Security of Payment) Bill 2017 be passed.

Recommendation 2

The committee recommends that the Minister consider ensuring the review of phase 1 of the Project Bank Account provisions:

  • commence at least three months prior to the commencement of phase 2;
  • be undertaken in consultation with representatives of the building and construction industry; and
  • the Minister report the review findings to the Legislative Assembly prior to the sections of the bill that commence phase 2 being proclaimed.

Recommendation 3

The committee recommends that the Minister review the appropriateness of the proposed imprisonment penalties for a number of new offences contained in the bill.

Recommendation 4

The committee recommends the Minister consult with the building and construction industry when developing the regulation that will mandate and prohibit certain conditions for building contracts and with regard to any subsequent amendments to the regulation.

Recommendation 5

The committee recommends that the Minister report to the House during the second reading speech on those issues raised by stakeholders about the bill where the department indicated it would undertake further consideration.

Recommendation 6

The committee recommends that the Minister in his second reading speech provide examples of any proposed regulations that he intends to make should the bill be passed.


We will update you on any further developments.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader’s specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

Key contacts:

Stephen Pyman – Director | Principal
Christopher Rowden – Principal



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