Delegation and appointments

Delegation of Powers and Functions

On 2 December 2016 the Australian Building and Construction Commissioner made the following delegation:

 

I, Nigel Clive Hadgkiss, Australian Building and Construction Commissioner appointed under section 21 of the Building and Construction Industry (Improving Productivity) Act 2016 (Cth) (BCIIP Act) by virtue of item 4 of Schedule 2 of the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016 (Cth), acting under subsection 19(1) of the BCIIP Act delegate to each person from time to time holding, occupying or performing the duties of the positions identified in Column B of the following table, all the corresponding powers and/or functions specified in column A of the table.

 

No.

Function and/or Power
(Column A)

Delegate(s)
(Column B)

Functions of the ABC Commissioner

1

 

Promote the main object of the BCIIP Act in accordance with subsection 16(1)(aa) of the BCIIP Act.

Monitor compliance and promote appropriate standards of conduct by building industry participants, including by:

  • Monitoring and promoting compliance with the BCIIP Act, designated building laws and the Building Code by building industry participants; and
  • Referring matters to other relevant agencies and bodies,

in accordance with subsection 16(1)(a) of the BCIIP Act.

Investigate suspected contraventions, by building industry participants, of the BCIIP Act, designated building laws or the Building Code in accordance with subsection 16(1)(b) of the BCIIP Act.

Ensure building employers and building contractors comply with their obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(ba) of the BCIIP Act.

Provide assistance and advice to building industry participants regarding their rights and obligations under the BCIIP Act, designated building laws and the Building Code in accordance with subsection 16(1)(d) of the BCIIP Act.

Disseminate information about the BCIIP Act, designated building laws and the Building Code, and about other matters affecting building industry participants, including disseminating information by facilitating ongoing discussions with building industry participants in accordance with subsection 16(1)(f) of the BCIIP Act.

  • An SES employee or acting SES employee who is an employee of the Commission
  • Australian Building and Construction Inspectors

Consultants

2

Engage persons having suitable qualifications and experience as consultants to the ABC Commissioner in accordance with subsection 32 of the BCIIP Act.

  • Chief Operating Officer

Building Code

3

Give written notice to a person who is required to comply with the Building Code in respect of particular building work in accordance with subsection 35(1) of the BCIIP Act.

  • Australian Building and Construction Inspectors

Examination Notices

4

Give an examination notice to the person in relation to whom it is issued in accordance with subsection 61E(1) of the BCIIP Act.

  • Australian Building and Construction Inspectors

5

Give notice to a person, in relation to whom an examination notice has been issued, of a time later than the time specified in the examination notice for compliance if the time specified in the examination notice is not at least 14 days after the examination notice was given to the person in accordance with subsection 61E(3) of the BCIIP Act.

Give notice to a person, in relation to whom an examination notice has been issued, of a time later than the time specified in the examination notice for compliance in accordance with subsection 61E(4) of the BCIIP Act.

 

  • An SES employee or acting SES employee who is an employee of the Commission

 

6

Notify the Commonwealth Ombudsman that an examination notice has been issued and provide a copy of the examination notice, the affidavit that accompanied the application for the examination notice and any other information in relation to the examination notice that was given to the nominated AAT presidential member who issued the notice in accordance with section 64 of the BCIIP Act.

  • General Counsel
  • Deputy General Counsel

7

Give the Commonwealth Ombudsman a report, video recording and transcript of an examination of a person in accordance with subsection 65(1) of the BCIIP Act.

  • General Counsel
  • Deputy General Counsel

Persons assisting authorised officers

8

Determine whether a person may accompany an authorised officer onto premises to assist the authorised officer in accordance with subsection 75(1) of the BCIIP Act.

  • An SES employee or acting SES employee who is an employee of the Commission
  • Australian Building and Construction Inspectors who are designated as Team Leaders or Acting Team Leaders

Disclosure of Information

9

 

Disclose or authorise the disclosure of information in accordance with subsections 105(2), (3) and (4) of the BCIIP Act.

  • An SES employee or acting SES employee who is an employee of the Commission
  • Australian Building and Construction Inspectors employed as Executive Level Band 1 or 2 employees

Submissions

10

May intervene or make submissions in a matter before the Fair Work Commission in accordance with subsection 110(1) of the BCIIP Act.

  • General Counsel
  • Deputy General Counsel

In accordance with subsection 19(3) of the BCIIP Act, all delegated functions or powers must be carried out or exercised in accordance with any direction I make from time to time.

These delegations replace the delegations made by the Director of the Fair Work Building Industry Inspectorate under section 13 of the repealed Fair Work (Building Industry) Act 2012 (Cth).

 

Delegations under the Freedom of Information (FOI) Act

On 2 December 2016 the Australian Building and Construction Commissioner made the following delegation:

 

I, Nigel Clive Hadgkiss, Australian Building and Construction Commissioner, being the Principal Officer of the Australian Building and Construction Commission:
a) revoke all previous arrangements made under subsection 23(1) of the Freedom of Information Act 1982 (FOI Act); and
b) authorise the following arrangements under subsection 23(1) of the FOI Act.

A person who has been assigned the duties of any of the following positions in the Australian Building and Construction Commission may make any decision under the FOI Act in respect of a request made to the Australian Building and Construction Commission: 

  1. All members of the Senior Executive Service.
  2. Deputy General Counsel
     

Ministerial Appointments

On 16 October 2013, the Hon. Eric Abetz, Minister for Employment, appointed Mr Nigel Hadgkiss as the Director of the Office of the Fair Work Building Industry Inspectorate for a term of five years. Mr Hadgkiss commenced as the Director of the Office of the Fair Work Building Industry Inspectorate on 21 October 2013.

A copy of the appointment is available (PDF - 122K).

By reason of item 4 of Schedule 2 of the Building and Construction Industry (Consequential and Transitional Provisions) Act 2016, after commencement of the BCIIP Act on 2 December 2016, Mr Hadgkiss was appointed as the Australian Building and Construction Commissioner for the remainder of the period for which he was appointed as the Director of the Office of the Fair Work Building Industry Inspectorate.

 

Need more information?

For further information, advice or assistance please contact the ABCC at 1800 003 338 or enquiry [at] abcc.gov.au.