Part 9Compliance with other laws

Part 9: Compliance with other laws

Building Code

9.1 A funding recipient that spends a Roads to Recovery Payment on building work described in Schedule 1 to the Building Code must:

(a) if the building work is carried out by the funding recipient—comply with the Building Code to the extent that the Building Code binds the funding recipient; and

(b) if the building work is carried out by a building contractor—take all reasonable measures to ensure that the building contractor complies with the Building Code.

9.2 In clause 9.1:

Building Code means the Building Code 2013, as in force from time to time;

building contractor has the same meaning as in the Building Code 2013;

building work has the meaning given by section 5 of the Fair Work (Building Industry) Act 2012.

Note: The Building Code applies to construction projects indirectly funded by the Australian Government through grant or other programs where:

• the Australian Government funding 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 funding contribution to the project is $10 million or more.

For further information on the Building Code, refer to: https://employment.gov.au/building-code-2013 or contact the Building Code Hotline on 1300 731 293.

Australian Government Building and Construction OHS Accreditation Scheme

9.3 A funding recipient that spends a Roads to Recovery Payment on building work to which subsection 35(4) of the Fair Work (Building Industry) Act 2012 applies must not enter into a contract for the building work with a builder who is not an accredited person.

9.4 In clause 9.3:

accredited person has the meaning given by subsection 35(8) of the Fair Work (Building Industry) Act 2012;

builder has the meaning given by subsection 35(8) of the Fair Work (Building Industry) Act 2012;

building work has the meaning given by section 5 of the Fair Work (Building Industry) Act 2012;

Note: Under the Fair Work (Building Industry) Act 2012 and the Fair Work (Building Industry–Accreditation Scheme) Regulations 2005, Australian Government agencies can only fund building work when, subject to certain value thresholds, an accredited builder is engaged as the head contractor. This scheme, known as the Australian Government Building and Construction OHS Accreditation Scheme (the Scheme), extends to building work that is indirectly funded by the Australian Government.

For further information on the Scheme, refer to: or contact the Federal Safety Commissioner Assist Line on 1800 652 500.