Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023

Administered by Department of Employment and Workplace Relations

Legislation au F2023L01077 Rules Not in force Legislative Instrument

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FEDERAL SAFETY COMMISSIONER (ACCREDITATION SCHEME) AMENDMENT RULES 2023

EXPLANATORY STATEMENT

Issued by authority of the Minister for Employment and Workplace Relations

 

PURPOSE AND OPERATION OF THE INSTRUMENT

 

The Federal Safety Commissioner Act 2022 (the Act) establishes a scheme for the promotion of work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity.

 

The Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 (the Rules) prescribe:

 

  • the criteria and process for obtaining and maintaining accreditation;
  • the conditions that apply to all accredited persons;
  • the circumstances in which accreditation may be made subject to further conditions, or may be suspended or revoked, and the rights of review available in such cases; and
  • the building work to which the Accreditation Scheme does not apply.

 

The Rules also:

 

  • clarify which members of joint ventures are required to give undertakings to the Federal Safety Commissioner (the FSC) prior to entering a contract for building work;
  • prescribe additional types of building work to which the Accreditation Scheme does not apply;
  • confirm compliance with the National Construction Code performance requirements in relation to building materials is a consideration in assessing an application for accreditation and a condition that applies to all accreditations;
  • clarify the process for undertaking audits in relation to persons who are not constitutional corporations, the Commonwealth or a corporate Commonwealth entity; and
  • update terminology and cross references to reflect those in the Act.

 

Subsection 120(1) of the Act provides that the Minister may, by legislative instrument, make rules prescribing matters required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that where an Act confers a

power to make rules the power shall, unless the contrary intention appears, be construed as

including a power to repeal, rescind, revoke, amend or vary the rules.

 

On 6 February 2023, Division 2 of Part 3 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (SJBP Act) came into force. This amended the former Building and Construction Industry (Improving Productivity) Act 2016 (BCIIP Act) to abolish the Australian Building and Construction Commission (ABCC). The SJBP Act renamed the BCIIP Act to the Federal Safety Commissioner Act 2022 to reflect the ABCC’s abolition.

 

The Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 (Amendment Rules) are made for the purpose of reflecting the new name of the Act.

 

The Amendment Rules are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Amendment Rules commence on the day after they are registered on the Federal Register of Legislation.

 

Details of the Amendment Rules are set out in Attachment A.

 

CONSULTATION

 

No consultation was undertaken in the preparation of the Amendment Rules. As the content proposed by the Amendment Rules is simply to reflect the renaming of the enabling Act and enhance their readability – it is considered that public consultation is not necessary under section 17 of the Legislation Act 2003. This is because the changes are minor or machinery in nature and do not substantially alter existing arrangements. Therefore, consultation was not considered necessary or appropriate.

 

IMPACT ANALYSIS

 

The Office of Impact Analysis advised that an Impact Analysis was not required (reference OIA23-04667).

 

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

A Statement of Compatibility with Human Rights has been completed for the Amendment Rules, in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. The Statement’s assessment is that the Rules do not engage any human rights. A copy of the Statement is at Attachment B.

 

The Hon. Tony Burke MP, Minister for Employment and Workplace Relations

 


ATTACHMENT A

 

NOTES ON SECTIONS

 

 

Title

 

This provides that the title of the Amendment Rules is the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023.

 

Section 1 – Name

 

This section provides that the title of the Amendment Rules is the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023.

 

Section 2 – Commencement

 

This section provides that the Amendment Rules commence on the day after registration.

 

Section 3 – Authority

 

This section provides that the Amendment Rules are made under section 120 of the Federal Safety Commissioner Act 2022 (the Act).

 

Section 4 – Schedules

 

This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule 1 – Amendments

 

Item 1 – Title

 

Item 2 – Section 1

 

These items substitute the title ‘Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019’ with ‘Federal Safety Commissioner (Accreditation Scheme) Rules 2023’.

 

Item 3 – Section 3

 

This item substitutes ‘Building and Construction Industry (Improving Productivity) Act

2016’ with ‘Federal Safety Commissioner Act 2022’ to reflect the new title of the Act.

 

Item 4 – Section 5 (definition of Act)

 

This item substitutes ‘Building and Construction Industry (Improving Productivity) Act

2016’ with ‘Federal Safety Commissioner Act 2022’ to reflect the new title of the Act.

 

Item 5 – Section 27 (note 1)

 

This item inserts ‘(now renamed the Federal Safety Commissioner Act 2022)’ after ‘Building and Construction Industry (Improving Productivity) Act 2016’ to reflect the new title of the Act.

 

Item 6 – Schedule 1, section 1 (note)

 

The item inserts ‘(now renamed the Federal Safety Commissioner Act 2022)’ after ‘Building and Construction Industry (Improving Productivity) Act 2016’ to reflect the new title of the Act.

 

 


ATTACHMENT B

 

 

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023

 

This Legislative Instrument does not engage any of the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

 

The Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 amends and renames the Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 (the Rules). The amendments ensure that the Rules have the correct reference to the renamed Federal Safety Commissioner Act 2022, originally known as the Building and Construction Industry (Improving Productivity) Act 2016.

 

Human Rights Implications

 

The amendments are machinery in nature and do not engage any applicable human rights.

 

Conclusion

 

The Legislative Instrument does not engage any human rights.

 

 

 

 

 

 

 

Overview

The Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 were enacted to amend the existing Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019, reflecting the renaming of the Building and Construction Industry (Improving Productivity) Act 2016 to the Federal Safety Commissioner Act 2022, following the abolition of the Australian Building and Construction Commission. These rules were introduced by the Minister for Employment and Workplace Relations in accordance with the Federal Safety Commissioner Act 2022, which aims to promote work health and safety in relation to building work undertaken by a constitutional corporation, the Commonwealth or a corporate Commonwealth entity. The primary objective of the Amendment Rules is to ensure the rules reflect the new legislative framework and enhance readability. The Amendment Rules were made under the authority of the Legislation Act 2003 and do not require consultation as they are considered minor and machinery in nature, with no substantial alteration to existing arrangements. The rules do not engage any human rights, as confirmed in the Statement of Compatibility with Human Rights prepared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 amends and updates the Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019, reflecting the renaming of the Building and Construction Industry (Improving Productivity) Act 2016 to the Federal Safety Commissioner Act 2022. This legislative instrument applies to entities and individuals involved in the building and construction industry, particularly those who need to obtain and maintain accreditation under the new Act. The scope of the rules encompasses the criteria, process, and conditions for accreditation, as well as the circumstances under which accreditation may be subject to conditions, suspended, or revoked. It also includes provisions for the assessment of building materials and the process for audits of non-corporate entities. The Amendment Rules have a national reach, as they are intended to apply across Australia, given the federal nature of the Act. The Amendment Rules do not introduce any new exclusions, exemptions, or thresholds but ensure that the terminology and cross-references within the rules are consistent with the renamed Act. As a legislative instrument, it allows for the repeal, rescission, revocation, amendment, or variation of existing rules to facilitate the implementation of the new Act.

Key Provisions

The Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 (Amendment Rules) modify the existing Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 (the Rules) by updating references to reflect the renaming of the former Building and Construction Industry (Improving Productivity) Act 2016 to the Federal Safety Commissioner Act 2022 (the Act) (sections 1, 3, and 5). These changes include substituting the title of the Rules and adjusting references within the Rules to align with the new title of the Act, as well as inserting explanatory notes to clarify that the former Act has been renamed (sections 2, 4, and Schedule 1, section 1). The Amendment Rules impose specific obligations on the parties governed by them, primarily through the updating of references to ensure consistency and clarity within the legislative framework. The Rules require that all references to the previous Act be updated to reflect the new name, ensuring that the legislative text remains current and accurately represents the legal authority under which the Rules are made (sections 1-6 and Schedule 1). These changes are intended to maintain the integrity and accuracy of the legislative text, facilitating better understanding and application of the Rules. Under the Amendment Rules, there are no new offences, penalties, or consequences introduced; the Rules are purely amendatory, addressing the nomenclature changes resulting from the renaming of the Act. The Rules do not create any new enforcement mechanisms or alter existing ones, and they do not impose any additional civil or criminal liabilities on the parties subject to the Rules. The purpose of the Amendment Rules is strictly to update references to the renamed Act, thereby avoiding any potential confusion or misapplication of the Rules (sections 1-6 and Schedule 1). In summary, the Federal Safety Commissioner (Accreditation Scheme) Amendment Rules 2023 primarily serve to update the references within the Building and Construction Industry (Improving Productivity) (Accreditation Scheme) Rules 2019 to reflect the renaming of the Federal Safety Commissioner Act 2022. These changes ensure that the Rules accurately reference the correct legislative authority and maintain the clarity and effectiveness of the regulatory framework governing the accreditation scheme for building work. There are no new obligations, offences, or penalties introduced by these Rules, as their purpose is purely amendatory.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.