{"id":"F2017L00655","name":"Building and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017","slug":"building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439202,"registerId":"F2017L00655-fast-fetch-1775955314345","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nBuilding and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017\n\n \n\n \n\n \n\n \n\nI, Alan Edwards, Federal Safety Commissioner, make the following General Directions.\n\nDated 7 June 2017   \n\nAlan Edwards\n\nFederal Safety Commissioner\n\n \n\n \n\n \n\nContents\n\n1 Name \n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n5 General conduct of Federal Safety Officers\n\n6 Confidentiality\n\n7 Handling of identity cards\n\n8 Entry onto premises other than under subparagraph 72(2)(b)(ii)\n\n9 Notice to produce documents\n\n10 Taking samples of any goods or substances\n\n11 Entry onto premises under subparagraph 72(2)(b)(ii)\n\n12 Emergency Situations\n\n13 Conflicts of interest and disclosure\n\n14 Failure to comply with General Directions not to affect validity of decisions\n\n \n\n1 Name\n\n  This instrument is the Building and Construction Industry (Improving Productivity) (Federal Safety Officers) General Directions 2017.\n\n2 Commencement\n\n  This instrument commences the day after it is registered on the Federal Register of Legislation.\n\n3 Authority\n\n  This instrument is made under subsection 68(5) of the Building and Construction Industry (Improving Productivity) Act 2016.\n\n4 Definitions\n\n  In this instrument:\n\nAct means the Building and Construction Industry (Improving Productivity) Act 2016.\n\nAccreditation Scheme Rules means the Fair Work (Building Industry – Accreditation Scheme) Regulation 2016 as continued in force by item 11 of Schedule 2 to the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 as rules made by the Minister for the purposes of section 43 of the Act;\n\nAPS Code of Conduct has the same meaning as in the Public Service Act 1999.\n\nFSO Code of Conduct means the Federal Safety Officer Code of Conduct, dated 1 January 2015, issued by the Federal Safety Commissioner.\n\n5 General conduct of Federal Safety Officers\n\n(1)  Federal Safety Officers must comply with the FSO Code of Conduct in performing functions and exercising powers under the Act.\n\n(2)  Federal Safety Officers who:\n\n(a)    are not APS employees for the purposes of the Public Service Act 1999; and\n\n(b)    who are not otherwise bound by that Act to comply with the APS Code of Conduct,\n\nmust comply with the APS Code of Conduct as if their service as a Federal Safety Officer were ‘APS employment’ as defined in that Act.\n\n6 Confidentiality\n\nSection 105 of the Act prescribes requirements that Federal Safety Officers must comply with in handling information obtained in the course of official employment.  These General Directions do not limit any other confidentiality or privacy obligations that may be imposed on Federal Safety Officers.\n\n7 Handling of identity cards\n\n(1)    Subsection 69(4) of the Act provides that a Federal Safety Officer must carry the identity card issued to that Federal Safety Officer under section 69 at all times when performing functions or exercising powers as a Federal Safety Officer.\n\n(2)    A Federal Safety Officer to whom an identity card is issued under section 69 of the Act must:\n\n(a)    keep the identity card in the wallet in which it was issued by the Federal Safety Commissioner;\n\n(b)    keep the identity card secured in a safe place when not in use;\n\n(c)    ensure that no other person uses the identity card;\n\n(d)    notify the Federal Safety Commissioner immediately if the card is lost or stolen; and\n\n(e)    only use the identity card consistently with the Act, rules made under the Act, and any directions issued by the Federal Safety Commissioner under subsection 68(5) of the Act.\n\n8 Entry onto premises other than under subparagraph 72(2)(b)(ii)\n\nSubject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer exercises the power to enter premises under paragraph 72(2)(a) or subparagraph 72(2)(b)(i) of the Act, that Federal Safety Officer must:\n\n(a)    at least 5 business days before the proposed entry onto the premises is to occur, notify the Federal Safety Commissioner in writing of the proposed entry, setting out the location of the premises and the date and approximate time of the proposed entry; and\n\n(b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before entering the premises.\n\n9 Notice to produce documents\n\nSubject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer serves a notice on a person to produce a record or document under section 77 of the Act, that Federal Safety Officer must:\n\n(a)    notify the Federal Safety Commissioner, specifying the person on whom the notice is to be served and what documents will be sought under the notice; and \n\n(b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before serving the notice.\n\n10 Taking samples of any goods or substances\n\nSubject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, if a Federal Safety Officer intends to takes samples of any goods or substances under paragraph 74(1)(f) of the Act that Federal Safety Officer must, before taking any steps to do so, consult the Federal Safety Commissioner about the Federal Safety Officer’s intention to take samples of any goods or substances.\n\n11 Entry onto premises under subparagraph 72(2)(b)(ii)\n\n(1)    Subject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer exercises the power to enter premises under subparagraph 72(2)(b)(ii) of the Act, that Federal Safety Officer must:\n\n(a)    at least five 5 business days before the proposed entry onto the premises is to occur, notify the Federal Safety Commissioner in writing of the proposed entry, setting out the location of the premises, the date and approximate time of the proposed entry, and the identity of the person or persons on the premises who the Federal Safety Officer believes has or have information relevant to compliance purposes; and\n\n(b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before entering onto the premises.\n\n(2)    Subject to any direction issued by the Federal Safety Commissioner under subsection 68(5) of the Act that relates to the particular case, before a Federal Safety Officer interviews a person under subsection 74(2) of the Act, that Federal Safety Officer must:\n\n(a)    notify the Federal Safety Commissioner of that Federal Safety Officer’s intention to conduct the interview, identifying the persons to be interviewed and the subject matter of the interview;\n\n(b)    if required by the Federal Safety Commissioner, consult with the Federal Safety Commissioner before conducting the interview.\n\n12 Emergency Situations\n\nIf, in the course of his or her duties as a Federal Safety Officer, a Federal Safety Officer becomes aware of circumstances on premises where building work is being carried out that represent an immediate threat to the health or safety of persons on those premises, that Federal Safety Officer must immediately notify the Federal Safety Commissioner, or other such persons as requested by the Federal Safety Commissioner, of those circumstances.\n\n13 Conflicts of interest and disclosure\n\n(1)    If a Federal Safety Officer is aware, or becomes aware, of any direct or indirect pecuniary interest, fact or thing that could:\n\n(a)    cause that Federal Safety Officer to fail to properly exercise a power or perform a function under the Act; or\n\n(b)    create a reasonable belief that the Federal Safety Officer might fail to properly exercise a power or perform a function under the Act,\n\nthat Federal Safety Officer must notify the Federal Safety Commissioner immediately of the relevant interest, fact or thing and disclose to the Commissioner the full details of that interest, fact or thing.\n\n(2)     Examples of interests, facts or things that could cause a Federal Safety Officer to fail to properly exercise a power or perform a function, or that could create a reasonable belief that this might occur, include:\n\n(a)    if the Federal Safety Officer (or his or her employer) has provided services relating to work health and safety to the person being audited under the Act; or\n\n(b)    if the Federal Safety Officer had a material interest (such as an ownership interest) in a company being audited by that Federal Safety Officer under the Act.\n\nThese are examples only and are not an exhaustive list of the interests, facts or things that could create an apparent or actual conflict of interest.\n\n14 Failure to comply with General Directions not to affect validity of decisions\n\nA failure to comply with these General Directions does not affect the validity of any action or decision made by a Federal Safety Officer under the Act, rules made under the Act or the Accreditation Scheme Rules.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Directions do not alter the statutory powers granted by the Act. They prescribe how Federal Safety Officers must conduct themselves and the procedural steps (notifications, consultations, disclosure, reporting) to follow when exercising those powers, and confirm Commissioner authority to give case-specific directions (see s3 authority and s14 on non‑affecting validity)."},"complexity_factors":["Cross-references to the primary Act and related rules (Act; Accreditation Scheme Rules) increase interpretive steps (see s3, s4).","Multiple prescriptive procedural steps and timelines for FSOs (notifications at least 5 business days before entry) create operational detail to follow (see ss8,11).","Commissioner discretion to issue case-specific directions or require consultation adds variable implementation paths and supervisory decision-making (see ss8–11,12).","Overlap of conduct regimes — FSO Code plus APS Code for some officers — requires officers to track two codes of conduct (see s5).","Confidentiality, identity-card handling and conflict disclosure obligations impose ongoing administrative and record-keeping burdens (see ss6,7,13).","Non-exhaustive examples of conflicts of interest require judgment about when to disclose and what constitutes a disqualifying interest (see s13).","Provision that non-compliance with these Directions does not invalidate decisions reduces legal risk but may complicate enforcement incentives (see s14)."],"plain_english_summary":"This instrument sets enforceable conduct and procedural rules for Federal Safety Officers under the Building and Construction Industry (Improving Productivity) Act 2016. It requires FSOs to follow the FSO Code and the APS Code, keep information and identity cards secure, disclose conflicts, and report immediate safety threats.\n\nBefore entering premises, serving notices, taking samples or interviewing people, FSOs must notify — and, if directed, consult — the Federal Safety Commissioner, creating an administrative compliance burden while leaving the Commissioner discretion to direct or exempt steps."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing operational guidance for Federal Safety Officers exercising powers under the Building and Construction Industry (Improving Productivity) Act 2016. It does not expand beyond administrative procedural rules for FSO conduct, reporting, and conflict management."},"complexity_factors":["Short instrument: only 14 sections covering discrete operational topics","Minimal defined terms: only 4 definitions in section 4, mostly referencing external instruments","Straightforward conditional logic: most obligations use simple 'must' directives with minimal nesting","Cross-references limited to the parent Act (Building and Construction Industry (Improving Productivity) Act 2016) and related instruments, all clearly identified","No exceptions to exceptions: structure is flat with subject-to clauses that are standard administrative law provisions","Clear structure: follows logical sequence (conduct → confidentiality → ID cards → entry powers → emergencies → conflicts → validity savings)"],"plain_english_summary":"This instrument sets operational rules for Federal Safety Officers—covering conduct, confidentiality, ID-card handling, advance notice for most inspections, approvals before requesting documents or interviews, emergency reporting, and disclosure of conflicts of interest. It governs FSOs’ interactions with building companies and workers and is overseen by the Federal Safety Commissioner. These rules promote accountability and consistent inspections, limit surprise site entries, ensure urgent hazards are escalated, and reduce conflicts of interest, though breaches don’t automatically invalidate FSO decisions."}},"importantCases":[],"_links":{"self":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions","history":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions/history","analysis":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions/analysis","conflicts":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions/conflicts","importantCases":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions/important-cases","documents":"/api/acts/building-and-construction-industry-improving-productivity-federal-safety-officers-general-directions/documents"}}