Building Services Legislation Amendment (Financial Oversight) Bill 2026
64—1 page i
Western Australia
Building Services Legislation Amendment
(Financial Oversight) Bill 2026
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Part 2 — Building Services
(Complaint Resolution and
Administration) Act 2011
amended
Act amended 3
Section 68 amended 3
Part 3 — Building Services
(Registration) Act 2011 amended
Division 1 — Preliminary
Act amended 5
Division 2 — Suspension of registration and
cancellation of registration
Section 12 amended 5
Section 13 amended 6
Section 15 amended 6
Sections 15A and 15B inserted 8
15A. Application for renewal cannot be
determined while registration suspended 8
15B. Application for renewal of registration by
person given notice under s. 63J or 63K 8
Section 18 amended 9
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Contents
page ii
11. Part 3 Division 4 Subdivision 1 heading inserted 10
Subdivision 1 — When Board may amend, suspend
or cancel registration
12. Sections 26A to 26F inserted 10
26A. Request under s. 26(1) by person given
notice under s. 26C, 63J or 63K 10
26B. Suspension of registration for failure to
comply with direction under Building
Services (Complaint Resolution and
Administration) Act 2011 s. 68(1)(a) or (b) 11
26C. Notice of intention to suspend registration
under s. 26B(1) 12
26D. Notice and taking effect of suspension of
registration under s. 26B(1) 13
26E. Board may notify certain persons if
registration suspended under s. 26B(1) 13
26F. Board may request suspension under
s. 26B(1) be noted on register 14
13. Part 3 Division 4 Subdivision 2 heading inserted 14
Subdivision 2 — Effect and revocation of
suspension of registration
14. Section 27 amended 14
15. Section 28 amended 14
16. Sections 28A to 28C inserted 15
28A. Suspension of registration under
s. 26B(1): revocation 15
28B. Suspension of registration under
s. 26B(1): criminal liability not affected 15
28C. Suspension of registration under
s. 26B(1): remedies not affected 16
17. Section 34A inserted 16
34A. Notification of material change to trust
arrangements 16
18. Section 63A amended 17
19. Part 5B inserted 17
Part 5B — Building service contractors who do not
satisfy financial requirements
63H. Terms used 17
63I. Person whose registration suspended
taken to be registered for purposes of Part 18
63J. Board may require contractor show they
satisfy financial requirements 18
63K. Board may require related contractor
show they satisfy financial requirements 21
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Contents
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63L. Directions to provide information after
notice given under s. 63J or 63K 24
63M. Application to extend response period 24
63N. Cancellation of registration if contractor
does not show they satisfy financial
requirements 25
63O. Notice and taking effect of cancellation of
registration under s. 63N(1) or (2) 27
63P. Board may notify certain persons if
registration cancelled under s. 63N(1) or
(2) 28
20. Section 64 amended 28
21. Sections 64A and 64B inserted 29
64A. Review by State Administrative Tribunal of
decision to suspend registration under
s. 26B(1) 29
64B. Review by State Administrative Tribunal of
decision to cancel registration under
s. 63N(1) or (2) 30
22. Section 71 amended 32
23. Part 9 Division 3 Subdivision 5 inserted 32
Subdivision 5 — Transitional provisions for Building
Services Legislation Amendment (Financial
Oversight) Act 2026
146A. Application for renewal of registration 32
146B. Application for request to suspend or
cancel registration 32
146C. Directions given under Building Services
(Complaint Resolution and Administration)
Act 2011 s. 68(1)(a) or (b) 33
146D. Transitional regulations 33
Division 3 — Other amendments
24. Section 3 amended 35
25. Section 24 amended 36
26. Section 30 amended 36
27. Part 3 Division 7 inserted 37
Division 7 — Credit reporting information about
applicants and registered individuals
37A. Board may request credit reporting
information about applicants and
registered individuals 37
28. Section 51 amended 38
29. Section 52 amended 38
Building Services Legislation Amendment (Financial Oversight) Bill 2026
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30. Section 62 replaced 38
62. Board may notify certain persons if
registration suspended or cancelled 38
31. Section 63A amended 39
32. Section 63G amended 40
33. Section 64 amended 40
34. Section 71 amended 41
Part 4 — Home Building Contracts
Act 1991 amended
35. Act amended 42
36. Section 25A amended 42
37. Section 25D amended 42
38. Section 25DB inserted 44
25DB. Transitional provision for Building Services
Legislation Amendment (Financial
Oversight) Act 2026 44
39. Part 3A Division 6 inserted 45
Division 6 — Exchange of information
25M. Exchange of information between Building
Commissioner, Building Services Board,
approved insurers and approved funds 45
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Building Services Legislation Amendment
(Financial Oversight) Bill 2026
A Bill for
An Act to amend —
• the Building Services (Complaint Resolution and Administration)
Act 2011; and
• the Building Services (Registration) Act 2011; and
• the Home Building Contracts Act 1991.
The Parliament of Western Australia enacts as follows:
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Part 1 Preliminary
s. 1
page 2
Part 1 — Preliminary1
Short title2
This is the Building Services Legislation Amendment (Financial3
Oversight) Act 2026.4
Commencement5
This Act comes into operation as follows —6
(a) Part 1 — on the day on which this Act receives the7
Royal Assent (assent day);8
(b) Part 2, Part 3 (but only Divisions 1 and 3) and Part 49
(but only sections 35, 36 and 39) — on the day after10
assent day;11
(c) the rest of the Act — on a day fixed by proclamation.12
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Building Services (Complaint Resolution and Administration)
Act 2011 amended
Part 2
s. 3
page 3
Part 2 — Building Services (Complaint Resolution and1
Administration) Act 2011 amended2
3. Act amended3
This Part amends the Building Services (Complaint Resolution4
and Administration) Act 2011.5
4. Section 68 amended6
Delete section 68(2)(b) and insert:7
8
(b) may require 1 or more of the following —9
(i) that the person give information or an10
answer that they do not currently11
possess but have access to;12
(ii) that the person give information or an13
answer that they do not currently14
possess but are able to create or derive15
from information that they do possess or16
have access to;17
(iii) that the information or answer be given18
orally;19
(iv) that the information or answer be given20
in writing (including if the information21
or answer does not currently exist in22
writing);23
(v) that the information or answer be given24
in a form specified in the direction25
(including if the information or answer26
does not currently exist in that form);27
(vi) that the information or answer be given28
at or delivered to a place specified in the29
direction;30
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Part 2 Building Services (Complaint Resolution and Administration)
Act 2011 amended
s. 4
page 4
(vii) in the case of written information or a1
written answer, that the information or2
answer be delivered by the method3
specified in the direction;4
(viii) that the information or answer be5
verified by statutory declaration or in6
another way specified in the direction7
(including by a specified person or8
person belonging to a specified class of9
persons).10
Example for this subsection:11
A direction under subsection (1)(a) may require a person to12
create and deliver a special purpose financial statement13
that contains information that does not currently exist in a14
document. The direction may also require the special15
purpose financial statement to have been verified by an16
accountant.17
18
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Building Services (Registration) Act 2011 amended Part 3
Preliminary Division 1
s. 5
page 5
Part 3 — Building Services (Registration) Act 20111
amended2
Division 1 — Preliminary3
5. Act amended4
This Part amends the Building Services (Registration) Act 2011.5
Division 2 — Suspension of registration and cancellation of6
registration7
6. Section 12 amended8
(1) In section 12(3)(a) delete “to have effect”.9
(2) After section 12(3) insert:10
11
(4) If subsection (3) applies in relation to a registration that12
was subject to suspension under section 26B(1)13
immediately before the expiry day, the registration14
remains suspended while subsection (3) applies unless15
and until the Board revokes the suspension under16
section 28A(1) or (3).17
(5) If subsection (3) applies in relation to a registration that18
was subject to suspension under section 58(1)(g)19
immediately before the expiry day, the registration20
remains suspended for the remainder of the suspension21
period (if any) that falls while subsection (3) applies22
unless and until the Board revokes the suspension23
under section 28(1).24
25
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Part 3 Building Services (Registration) Act 2011 amended
Division 2 Suspension of registration and cancellation of registration
s. 7
page 6
7. Section 13 amended1
After section 13(3) insert:2
3
(4) The suspension of the registration of a person in a class4
of building service practitioner or building service5
contractor under section 26B(1) or section 58(1)(g)6
does not prevent —7
(a) the person from making an application for the8
renewal of the registration; or9
(b) the Board from accepting an application for the10
renewal of the registration.11
12
8. Section 15 amended13
(1) After section 15(2)(a) insert:14
15
(aa) the registration has expired and was subject to16
suspension immediately before its expiry; or17
18
(2) Delete section 15(3)(a) and insert:19
20
(a) the registration —21
(i) is taken to have continued during the22
period beginning on the day23
immediately following its expiry and24
ending when the application was25
accepted; and26
(ii) continues until the Board renews or27
refuses to renew the registration or the28
applicant withdraws the application,29
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Building Services (Registration) Act 2011 amended Part 3
Suspension of registration and cancellation of registration Division 2
s. 8
page 7
unless the registration is sooner1
cancelled;2
and3
4
(3) After section 15(3) insert:5
6
(3A) If subsection (3) applies in relation to a registration that7
was subject to suspension under section 26(1)(b) or8
26B(1) immediately before its expiry, the9
registration —10
(a) is taken to have remained suspended during the11
period beginning on the day immediately12
following its expiry and ending when the13
application was accepted; and14
(b) remains suspended while subsection (3) applies15
unless and until the Board revokes the16
suspension under section 28(1) or 28A(1) or17
(3).18
(3B) If subsection (3) applies in relation to a registration that19
was subject to suspension under section 58(1)(g)20
immediately before its expiry, the registration —21
(a) is taken to have remained suspended for the22
remainder of the suspension period (if any) that23
fell during the period beginning on the day24
immediately following its expiry and ending25
when the application was accepted; and26
(b) remains suspended for the remainder of the27
suspension period (if any) that falls while28
subsection (3) applies unless and until the29
Board revokes the suspension under30
section 28(1).31
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Part 3 Building Services (Registration) Act 2011 amended
Division 2 Suspension of registration and cancellation of registration
s. 9
page 8
9. Sections 15A and 15B inserted1
After section 15 insert:2
3
15A. Application for renewal cannot be determined while4
registration suspended5
The Board cannot determine an application for the6
renewal of a registration in a class of building service7
practitioner or building service contractor while the8
registration is suspended.9
15B. Application for renewal of registration by person10
given notice under s. 63J or 63K11
(1) This section applies if —12
(a) the Board has given a person a notice under13
section 63J or 63K in relation to the person’s14
registration in a class of building service15
contractor; and16
(b) the Board has not decided whether to cancel the17
registration under section 63N(1) or (2); and18
(c) the Board has, whether before or after the19
notice was given, accepted an application for20
the renewal of the registration.21
(2) The Board may refuse to consider the application for22
the renewal of the registration until the Board has23
decided not to cancel the registration under24
section 63N(1) or (2).25
26
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Building Services (Registration) Act 2011 amended Part 3
Suspension of registration and cancellation of registration Division 2
s. 10
page 9
10. Section 18 amended1
Delete section 18(2) and insert:2
3
(2) The Board must not register, or renew the registration4
of, an applicant if —5
(a) the requirements of subsection (1) are not met;6
or7
(b) the applicant’s registration as a building service8
practitioner or building service contractor is9
suspended under section 26B(1); or10
(c) the applicant is an officer of a body whose11
registration as a building service contractor is12
suspended under section 26B(1); or13
(d) the applicant is a body that has an officer who14
is —15
(i) a person whose registration in a class of16
building service practitioner or building17
service contractor is suspended under18
section 26B(1); or19
(ii) also an officer of another body whose20
registration in a class of building service21
contractor is suspended under22
section 26B(1); or23
(iii) a person who, before the application for24
registration or renewal of registration25
(as is relevant) was made, was given a26
notice under section 63J or 63K in27
relation to their registration in a class of28
building service contractor and the29
Board has not decided whether to cancel30
the registration under section 63N(1) or31
(2); or32
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Part 3 Building Services (Registration) Act 2011 amended
Division 2 Suspension of registration and cancellation of registration
s. 11
page 10
(iv) also an officer of another body that,1
before the application for registration or2
renewal of registration (as is relevant)3
was made, was given a notice under4
section 63J or 63K in relation to its5
registration in a class of building service6
contractor and the Board has not7
decided whether to cancel the8
registration under section 63N(1) or (2).9
10
11. Part 3 Division 4 Subdivision 1 heading inserted11
At the beginning of Part 3 Division 4 insert:12
13
Subdivision 1 — When Board may amend, suspend or14
cancel registration15
16
12. Sections 26A to 26F inserted17
After section 26 insert:18
19
26A. Request under s. 26(1) by person given notice under20
s. 26C, 63J or 63K21
(1) This section applies if —22
(a) the Board has given a person —23
(i) a notice under section 26C in relation to24
the person’s registration generally or in25
a class of building service practitioner26
or building service contractor; or27
(ii) a notice under section 63J or 63K in28
relation to the person’s registration in a29
class of building service contractor;30
and31
Building Services Legislation Amendment (Financial Oversight) Bill 2026
Building Services (Registration) Act 2011 amended Part 3
Suspension of registration and cancellation of registration Division 2
s. 12
page 11
(b) the Board has not decided whether to suspend1
the registration under section 26B(1) or cancel2
the registration under section 63N(1) or (2) (as3
applicable); and4
(c) the person has, whether before or after the5
notice was given, made a request under6
section 26(1) —7
(i) for the registration to be suspended; or8
(ii) for the registration to be cancelled.9
(2) The Board may refuse to consider the request to10
suspend or cancel the registration, as the case may be,11
until the Board has decided not to suspend the person’s12
registration under section 26B(1) or cancel the person’s13
registration under section 63N(1) or (2) (as applicable).14
26B. Suspension of registration for failure to comply with15
direction under Building Services (Complaint16
Resolution and Administration) Act 2011 s. 68(1)(a)17
or (b)18
(1) The Board may suspend the registration of a registered19
building service provider if the Building Commissioner20
notifies the Board in writing that the provider has failed21
to comply with a direction given under the Building22
Services (Complaint Resolution and Administration)23
Act 2011 section 68(1)(a) or (b).24
(2) Suspension of registration under subsection (1) may be25
in relation to a provider’s registration generally or in26
relation to registration in a class or classes of building27
service practitioner or building service contractor.28
(3) Subsection (1) applies whether or not the provider —29
(a) is being or has been prosecuted for an offence30
under the Building Services (Complaint31
Resolution and Administration) Act 201132