{"id":"fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017","name":"Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017","slug":"fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235459,"registerId":"sa-fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017","content":"South Australia\nFair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescription of building and construction industry and building and construction industry participants\n5\tPrescription of code\n6\tContravention of code subject to civil penalty\n7\tFee for mediation under code\nSchedule 1—Building and Construction Industry Dispute Resolution Code\n1\tShort title\n2\tInterpretation\n3\tApplication of code\n4\tDispute resolution\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Trading Act 1987;\ncivil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;\ncode means the Building and Construction Industry Dispute Resolution Code 2017 set out in Schedule 1;\nCommissioner means the Small Business Commissioner;\nconstruction contract, construction work and related goods and services have the same respective meanings as in the Building and Construction Industry Security of Payment Act 2009. \n4—Prescription of building and construction industry and building and construction industry participants\nFor the purposes of Part 3A of the Act—\n\t(a)\tthe building and construction industry is taken to be an industry; and\n\t(b)\tthe following are taken to be participants in the building and construction industry:\n\t(i)\ta person carrying on—\n\t(A)\ta business in the building and construction industry; or\n\t(B)\ta business having a connection to the building and construction industry; or\n\t(C)\ta business involving the supply of goods or services to persons involved in the building and construction industry if the supply occurs in connection with the carrying on of a business in the building and construction industry;\n\t(ii)\twithout limiting subparagraph (i), a person who has undertaken—\n\t(A)\tto carry out construction work under a construction contract; or\n\t(B)\tto supply related goods and services under a construction contract.\n5—Prescription of code\n\t(1)\tThe code is prescribed as an industry code for the purposes of Part 3A of the Act.\n\t(2)\tThe Small Business Commissioner is responsible for the administration of the code and for the administration of Part 3A of the Act in relation to the code.\n6—Contravention of code subject to civil penalty\n\t(1)\tA contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.\n\t(2)\tThe expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is—\n\t(a)\tin the case of a body corporate—$4 000; and\n\t(b)\tin the case of a natural person—$500.\n7—Fee for mediation under code\n\t(1)\tIf an authorised officer arranges for mediation of a dispute under the code with the agreement of the parties to the dispute, each of the parties must pay a fee of $195 for each day, or part of a day, on which the mediation occurs.\n\t(2)\tA fee payable by a person under subregulation (1) is recoverable as a debt due to the Crown.\n\t(3)\tThe Commissioner may waive a fee payable by a person under subregulation (1) if satisfied that it is appropriate to do so in a particular case.\nSchedule 1—Building and Construction Industry Dispute Resolution Code\n1—Short title\nThis code may be cited as the Building and Construction Industry Dispute Resolution Code 2017.\n2—Interpretation\nIn this code—\nalternative dispute resolution procedure does not include arbitration;\nparticipant in the building and construction industry means a person taken to be a participant in the building and construction industry for the purposes of Part 3A of the Act.\nNote—\nSee regulation 4(b).\n3—Application of code\nThis code applies to—\n\t(a)\ta dispute between a participant in the building and construction industry and 1 or more other participants in the building and construction industry relating to a matter connected to a construction contract to which the participants are parties; or\n\t(b)\ta dispute between a participant in the building and construction industry and—\n\t(i)\t1 or more other participants in the building and construction industry; or\n\t(ii)\t1 or more persons to whom goods or services are or may be supplied by the participant,\nin connection with the acquisition or supply, or the potential acquisition or supply, of goods or services relating to the carrying on of business in the building and construction industry.\n4—Dispute resolution\n\t(1)\tIf the Commissioner is satisfied, on written application by a party to a dispute to which this code applies—\n\t(a)\tthat the party has made a reasonable attempt to resolve the dispute; and\n\t(b)\tthat the subject matter of the dispute is not frivolous or vexatious,\nan authorised officer may notify the parties to the dispute in writing that the officer is commencing an alternative dispute resolution procedure in relation to the dispute in accordance with this code.\n\t(2)\tIf an alternative dispute resolution procedure is commenced under this code, a party to the dispute, or another person authorised in writing to attend or participate in the procedure on the party's behalf, must attend or otherwise participate in the procedure, as required by the authorised officer.\n\t(3)\tA person participating in an alternative dispute resolution procedure—\n\t(a)\tmust act reasonably, fairly, honestly and cooperatively; and\n\t(b)\tmust not mislead, harass, intimidate or oppress another party to the dispute.\n\t(4)\tA person participating in an alternative dispute resolution procedure must comply with any reasonable request made by the authorised officer in connection with the officer's attempt to assist the parties in the resolution of the dispute, including, without limitation, a request to do 1 or more of the following:\n\t(a)\texchange information relevant to the dispute with the other party;\n\t(b)\tanswer questions in respect of matters relevant to the dispute;\n\t(c)\tattend meetings;\n\t(d)\tparticipate in mediation or another form of alternative dispute resolution.\n\t(5)\tAn authorised officer conducting an alternative dispute resolution procedure may request that a person participating in the procedure be a person who is authorised to resolve the dispute.\n\t(6)\tA request made by an authorised officer under subclause (4) or (5) must be complied with as soon as reasonably practicable, and, in any event, in the case of a written request, within 14 days of the date of the request or such longer period as is allowed by the authorised officer.\n\t(7)\tThe authorised officer conducting an alternative dispute resolution procedure may, for the purposes of attempting to resolve the dispute—\n\t(a)\trefer the dispute to mediation; or\n\t(b)\tafter consultation with the parties—appoint a person able to provide expert advice on matters relevant to the dispute to assist the officer.\n\t(8)\tThe parties to a dispute are equally liable for the costs of expert advice provided under subclause (7)(b) unless they agree to a different apportionment of the costs.\n\t(9)\tAn authorised officer may suspend (for a specified time or until further notice) or terminate a dispute resolution procedure if the dispute is the subject of—\n\t(a)\tproceedings before a court or tribunal; or\n\t(b)\tarbitration; or\n\t(c)\tanother alternative dispute resolution procedure.\n\t(10)\tAn authorised officer may terminate an alternative dispute resolution procedure if the officer forms the view that—\n\t(a)\tthere is no reasonable prospect of resolving the dispute; or\n\t(b)\tthe subject matter of the dispute is frivolous or vexatious.\n\t(11)\tFollowing the completion of an alternative dispute resolution procedure, the authorised officer who conducted the procedure must provide the parties with a certificate stating—\n\t(a)\tthe names of the parties; and\n\t(b)\tthe nature of the matters in dispute; and\n\t(c)\tif the procedure has been terminated under subclause (9) or (10)—that the procedure has been terminated without resolution; and\n\t(d)\tif the dispute has been resolved—the terms of the resolution.\n\t(12)\tUnless the authorised officer and the parties otherwise agree in writing, any communication made, or document prepared (including a certificate provided under subclause (11)), in connection with an alternative dispute resolution procedure under this code must be treated as confidential.\n\t(13)\tHowever, a certificate provided under subclause (11) may be produced before a court or tribunal.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2017\n318\nGazette 5.12.2017 p4852 \n5.12.2017: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available. No comparison between original intent and enacted provisions is possible from the information provided."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404 error","Analysis is based solely on the title of the legislation, not its content","Complexity cannot be meaningfully assessed without access to the actual provisions"],"plain_english_summary":"Based on its title, these South Australian regulations establish a dispute-resolution code for the building and construction industry. They would set rules and processes for resolving disputes between builders, contractors, subcontractors and possibly consumers under the Fair Trading framework.  \n\nIf you’re a homeowner, builder or subcontractor in SA, this instrument may affect your rights and obligations in construction disputes; check the official legislation or seek legal advice."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"On its face the instrument implements Part 3A by prescribing the building and construction industry and participants, prescribing the dispute resolution code, imposing civil‑penalty liability for contraventions, and setting fees and procedural rules (regs 4–7; Sch.1 cl.1–4). It does not, within the text provided, extend coverage beyond those prescriptions or alter the Act's stated Part 3A framework."},"complexity_factors":["Cross‑references to the Fair Trading Act 1987 and the Building and Construction Industry Security of Payment Act 2009 for defined terms and Part 3A framing (reg 3 definitions; reg 4 prescription).","Delegation of procedural control and discretion to the Small Business Commissioner and authorised officers (reg 5(2); Sch.1 cl.4(1),(7),(9)-(10)), creating administrative discretion over commencement, suspension, termination and fee waivers.","Civil penalty regime with statutory expiation amounts that vary by corporate or natural person status (reg 6(1)-(2)), creating direct monetary compliance stakes.","Specified participant obligations to attend and cooperate in alternative dispute resolution, with timed compliance obligations (Sch.1 cl.4(2)-(6)), producing operational compliance burdens on businesses.","Cost allocation rules: equal sharing of expert advice unless parties agree otherwise, mediation fees per party per day, and recovery of fees as a debt to the Crown (Sch.1 cl.4(8); reg 7(1)-(2)).","Confidentiality carve-outs and evidentiary rules for certificates (Sch.1 cl.4(11)-(13)) that affect later litigation/arbitration strategy and evidence use.","Interaction points with other forums — suspension where court, tribunal, arbitration or another ADR is underway — requiring coordination between processes (Sch.1 cl.4(9))."],"plain_english_summary":"These regulations prescribe a dispute‑resolution code for the building and construction industry, make breaches civil‑penalty contraventions, and set mediation and expiation fees. They require participants to engage in alternative dispute resolution when an authorised officer commences a procedure, allocate costs between parties (including $195/day mediation and expert fees), and vest administration, suspension and fee‑waiver powers in the Small Business Commissioner (regs 5,6,7; Sch.1 cl.4)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing a dispute resolution framework for the building and construction industry. The scope has not expanded beyond creating the code, prescribing participants, setting fees, and establishing enforcement mechanisms. No creeping expansion into adjacent areas such as occupational health and safety, licensing, or broader commercial disputes."},"complexity_factors":["Short length — approximately 1,500 words across 7 regulations and a 13-clause schedule","Minimal cross-referencing — only references to the Fair Trading Act 1987 and Building and Construction Industry Security of Payment Act 2009 for defined terms","Straightforward conditional structure — single-level conditions (if X, then Y) without nested exceptions","Only 8 defined terms in the regulations and 2 in the code itself","Clear operational mechanics — prescribed fees, time limits (14 days), and procedural steps are explicit","No delegated legislation or regulation-making powers within the instrument"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a formal process for resolving disputes in South Australia's building and construction industry without going to court. They establish the **Building and Construction Industry Dispute Resolution Code 2017** — a set of rules that requires industry participants to attempt mediation and other alternative dispute resolution methods before escalating matters further.\n\n**Who it affects:**\n\n* **Builders, contractors, and subcontractors** — anyone carrying out construction work or supplying related goods and services\n* **Suppliers** — businesses providing materials or services to construction companies\n* **The Small Business Commissioner** — who administers the code and appoints authorised officers to run dispute resolution procedures\n\n**How it works:**\n\n* A party to a dispute can apply to the Commissioner for help if they've already tried reasonably to resolve the matter themselves\n* An **authorised officer** (someone appointed by the Commissioner) can then start a dispute resolution procedure\n* **Participants must:**\n  * Attend meetings and mediation sessions\n  * Act honestly, fairly, and cooperatively\n  * Share relevant information and answer questions\n  * Send someone with authority to settle the dispute if requested\n* **Costs:** Each party pays **$195 per day** for mediation (though the Commissioner can waive this fee in hardship cases). Expert advice costs are split equally unless parties agree otherwise.\n* **Confidentiality:** Discussions during dispute resolution generally stay private, though final certificates can be used in court if needed.\n\n**Why it matters:**\n\nBuilding disputes can be expensive and destructive. This code provides a **structured, lower-cost pathway** to resolve conflicts before they destroy business relationships or end up in lengthy litigation. It also carries **teeth** — breaching the code can result in civil penalties of **$4,000 for companies** or **$500 for individuals** (payable without going to court if an expiation notice is issued).\n\nThe code specifically **excludes arbitration** from its definition of alternative dispute resolution, meaning parties retain the option to pursue binding arbitration separately if mediation fails."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017","history":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017/history","analysis":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017/analysis","conflicts":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017/conflicts","importantCases":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017/important-cases","documents":"/api/acts/fair-trading-building-and-construction-industry-dispute-resolution-code-regulations-2017/documents"}}