Part 10Compliance with other laws

Part 10 Compliance with other laws

10.1 Funding recipients are required to comply with all other relevant laws, including those identified below.

10.2 The National Code of Practice for the Construction Industry (the Construction Code) is the standard of practice for building and construction work, setting out the responsibilities of all parties on construction projects funded by the Australian Government. The Australian Government Implementation Guidelines for the National Code of Practice for the Construction Industry (the Implementation Guidelines) outlines the process for complying with the Construction Code.

The Construction Code and the Implementation Guidelines apply to all construction projects indirectly funded by the Australian Government through grant or other programs where:

• the Australian Government funding contribution is at least $5 million and represents at least 50 per cent of the total construction value; and
• the Australian Government contribution to the project is $10 million or more irrespective of the proportion of Australian Government funding.

For further information, and copies of the Construction Code and Implementation Guidelines, refer to: http://www.deewr.gov.au/WorkplaceRelations/Policies/BuildingandConstruction/Pages/NationalCodeandGuidelines.aspx or contact the National Code Hotline on 1300 731 293.

10.3 Under the Building and Construction Industry Improvement Act (2005), Australian Government agencies can only fund “building work” when, subject to thresholds, an accredited builder is engaged.

The Australian Government Building and Construction OHS Accreditation Scheme (the Scheme) operates such that, subject to certain thresholds, only head contractors who are accredited under the Scheme can enter into contracts for building work that is funded directly or indirectly by the Australian Government.

Roads to Recovery projects are considered indirectly funded.

The Scheme applies to projects that are indirectly funded by the Australian Government and where:

• the value of the Australian Government contribution to the project is at least $5 million and represents at least 50 per cent of the total construction project value; or
• the Australian Government contribution to a project is $10 million or more, irrespective of the proportion of Australian Government funding.

If a project meets the above thresholds, the requirement that accredited builders carry out the building work only applies to head contracts for building work valued at $3 million or more.