Building regulator collaboration

Model terms of reference for BCR

recommendation 5

2021

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Version history

Original This version

Publish date: 22/4/2021 Publish date: 10/12/2021
Print version: v1.0 Print version: v1.1
Details of amendments: Add preface;
format text; add new cover.

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Preface

The Building Confidence Report (BCR), published in April 2018, made 24

recommendations to Building Ministers to address systemic issues in the Australian
building industry. Building Ministers established the BCR Implementation Team within
the Office of the Australian Building Codes Board (ABCB) to work with governments
and industry to respond to the recommendations with a focus on national consistency
where possible.

The BCR Implementation Team’s work aims to establish national best-practice models
in response to BCR recommendations. If implemented, the responses will strengthen
compliance with the National Construction Code (NCC), better protecting the interests
of people who own, work in, live in and use Australian buildings.

All responses to BCR recommendations have been developed in accordance with the
Building Confidence National Framework with input from industry and governments.
Figure 1 lists the outputs developed under the Framework, and where to find them.

State and territory governments have agreed to consider implementation of all BCR
endorsed responses. This process will take time depending on each government’s
regulatory reform agenda, and may be undertaken in stages.

The model terms of reference for Building regulator collaboration represents a

nationally agreed response to BCR recommendation 5. This recommendation states
“each state establishes formal mechanisms for a more collaborative and effective
partnership between those with responsibility for regulatory oversight, including
relevant state government bodies, local governments, and private building surveyors
(if they have an enforcement role)”.

The BCR found, within jurisdictions, “fragmented system[s] of regulatory oversight,

which is prone to duplication, confusion unclear lines of responsibility and a lack of
information sharing”. Committees in states were suggested as one way to meet the
recommendation. The model terms of reference have been developed so they can be
applied in any jurisdiction.

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Figure 1 – Building Confidence Implementation Framework - Outputs

Each of the outputs listed in Figure 1 can be accessed on the ABCB website.

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Contents

Preface.........................................................................................................................ii
Model terms of reference...........................................................................................1
1 Introduction..............................................................................................................1
2 Aim............................................................................................................................1
3 Objectives ................................................................................................................1
4 Governance Arrangements ....................................................................................2

4.1 Membership............................................................................................................2

4.2 Chairperson ............................................................................................................3

4.3 Advice.....................................................................................................................3

4.4 Meeting schedule and procedures .........................................................................3

4.5 Reporting ................................................................................................................4

5 Secretariat ................................................................................................................4
6 Resources ................................................................................................................4
7 Confidentiality..........................................................................................................5

Adoption of model documents

As a model, these terms of reference do not have any force until adopted by a
jurisdiction. States and territories may have regard to the content of the model. This
may include amending or adopting the model for application in their jurisdiction.

The model terms of reference need to be read in conjunction with the relevant
legislation in a jurisdiction. It is written in generic terms and is not intended to override
legislative requirements.

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Model terms of reference

1 Introduction
The Building Confidence Report (BCR) recommended jurisdictions establish formal
mechanisms for collaboration and effective coordination between those with
responsibility for building regulatory oversight. Jurisdictional committees was
suggested as one way to meet the recommendation. These model terms of reference
set arrangements for a committee that would satisfy the BCR recommendation, while
allowing flexibility for implementation according to each jurisdiction’s regulatory
framework.

2 Aim
The aim of the [committee] is to ensure the consistent and effective implementation of
building laws within the state, at all stages of the building life cycle, through
collaboration and cooperation.

3 Objectives
The objectives of the [committee] are to:

1. develop and maintain procedures to improve collaboration and cooperation for

approval by the [relevant Minister/s] on:

a. compliance and enforcement activities between [building regulatory bodies],

including escalation of matters, by providing a clear pathway to expedite fair
resolution of issues; and

b. sharing risk assessment and management practices; and

c. any other matter agreed by the [committee] or directed by the [relevant

Minister/s] related to implementation of building regulation;

2. enable information of mutual interest to be shared between relevant Members

in a timely manner, subject to statutory prohibitions or confidentiality
requirements;

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3. ensure that the public, building practitioners, and [building regulatory bodies]
have access to consistent and accurate information to provide a clear
understanding of the roles and responsibilities of each party; and

4. facilitate an open and collaborative approach that promotes prompt and

effective action on building issues and provides an environment for continuous
learning and the application of those learning outcomes through improved public
policy, practice advice and enforcement strategies.

4 Governance Arrangements
The [committee] may be established on an administrative or statutory basis.

4.1 Membership

Membership of the [committee] should reflect the range of stakeholders involved in

administering and enforcing the building laws in each state. These should include:

1. a chairperson from the [relevant state agency responsible for regulating building
work], or an independent person appointed by the [relevant Minister/s];

2. a representative of each state agency responsible for implementing and

enforcing building legislation and regulating building industry participants

3. a representative of the body responsible for resolving building disputes in the

state (if one is in place);

4. two representatives of local government (states only), either drawn from peak
bodies or selected by local governments to represent the views of councils in
cities and regional areas;

5. two representatives of building surveyors or appointed by the [minister/s

responsible for regulating building work], either drawn from peak bodies or
individuals with standing in the profession; and

6. two representatives of fire authorities.

The [relevant minister/s] will decide:

1. Who will chair the [committee]; and

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2. Which organisations will be invited to send a representative for members at 4

to 6 above.

Unless otherwise provided for above, the organisations may select who will represent
their organisation at [committee] meetings. Representatives should be of sufficient
seniority within their organisations to fully participate in discussion and decisions of the
[committee], and should be supported through provision of necessary information, data
and views by those they represent.

4.2 Chairperson

The chairperson selected by the [minister/s] may be appointed for a term of up to three
years. The [minister/s] may re-appoint a chairperson for one further term of up to three
years, after which a new chairperson will be selected and appointed.

If the [minister/s] appoints an independent chairperson, a remuneration package will

be developed by the state or territory under their existing arrangements for similar
positions (e.g. Remuneration Tribunal Determination).

4.3 Advice

The chairperson may approve the attendance of additional parties to provide advice to
the [committee] as the need arises.

To assist in fulfilling its role the [committee] may agree to establish working groups,
expert reference groups or ad hoc interagency groups as needed to provide
operational and technical expertise to the [committee].

4.4 Meeting schedule and procedures

The [committee] will meet as required, but at least four times per year for the first two
years of operation, after which a minimum of two meetings per year will be required.

The [committee] may wish to determine its own meeting rules and procedures provided
it is not inconsistent with the terms of reference.

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On voting, it is suggested that the [committee] seek to reach consensus, but accepts
that Members may hold a range of perspectives on a particular issue and, in such
circumstances, may wish to report differing views in the meeting records.

Information may also be circulated and decisions made out of session via written
communications.

4.5 Reporting

The [committee] will report to the [relevant minister/s] on:

1. its activities by releasing a communique following each meeting; and

2. implementation of agreed procedures on an annual basis.

The [committee’s] communique and report on implementation of agreed procedures

should be made available to the public.

Expenditure of funds allocated for the [committee’s] secretariat services and an

independent chairperson remuneration will be included in the Annual Report of the
organisation managing those funds.

5 Secretariat
Each state or territory should identify a suitable organisation to provide Secretariat
support to the committee. In most cases this is expected to be the organisation
providing the Chairperson, if not independent.

The Secretariat will facilitate the coordination, planning and reporting of [committee]
meetings and activities. Members will provide the secretariat with the information
necessary to carry out these roles.

6 Resources
The [relevant Minister/s] will ensure the Secretariat is adequately resourced to support
the [committee] and funding is provided for remuneration of the Chairperson, if
appointed.

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Each [committee] Member will bear the administrative costs associated with
preparation for and attendance at the [committee] meetings, including any sub-groups
formed by the [committee].

Implementation of procedures and other activities of the [committee] will be funded by

each Member, however, the [committee] should advise the [relevant Minister/s] on the
likely costs implementing any activities.

7 Confidentiality
From time to time [committee] Members may be given access to confidential
information or material. Confidential material will be marked accordingly.

Non-government [committee] Members will be required to sign confidentiality

agreements to ensure that confidentiality is strictly maintained.

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