Compliance systems must be in place to ensure the National Code and Guidelines are being applied and that suspected breaches of the National Code and workplace laws are reported to relevant authorities.
Your reporting requirements
Workplaces should have reporting systems in place that cover four main areas:
- suspected breaches of the National Code and Guidelines
- industrial or occupational health and safety disputes which impact on, or have the potential to impact on, the construction program or costs
- right of entry
- freedom of association.
Not all of these reporting requirements may be relevant to your role on the worksite. However, it is important to be aware of the requirements and bring any issues to the attention of site management.
Your obligation to report breaches
All parties engaged on a project have an obligation to report suspected breaches of the National Code to the CMG secretariat within 21 days of the suspected breach occurring. Failure to report can be a breach of the Guidelines.
Sanctions applied under the National Code and Guidelines
Sanctions can be imposed for breaches of the National Code and Guidelines. Sanctions are recommended by the Code Monitoring Group (CMG) and can take the form of, but are not limited to:
- a formal warning
- preclusion from tendering opportunities for a fixed period of time
- a reduction of tendering opportunities for a fixed period of time for projects over a certain value or in a specified area or region.
If a party is sanctioned, the CMG may also consider applying sanctions to closely related parties.
Appeals and complaints concerning sanctions applied
Parties who are subject to a sanction will have been afforded several opportunities to correct any misconceptions and/or address allegations including:
- the right to respond to allegations during the initial investigation
- if necessary they will be asked by the CMG to show cause why the CMG should not apply, or recommend, a sanction; and
- fourteen days notice from CMG of the intention to apply or recommend a sanction.
Existing avenues for the review of administrative decisions can be used to process complaints arising from the National Code. Access to the Administrative Appeals Tribunal is not available. Judicial review of executive decisions, including those of the CMG or the Minister, may be available.
Alternatively, parties may make a complaint to the Commonwealth Ombudsman, or seek internal review by the Secretary of DEEWR, who may review a CMG decision.
Information about sanctions that have been imposed under the Code and Guidelines can be found on the Australian Government's Deewr website.