What to expect: Monitoring compliance with
At the ABCC, we monitor compliance with the Code by , primarily on Commonwealth funded but also on their private projects.
We monitor compliance by conducting desktop audits.
Desktop audits may be commenced:
- In response to a Code report or notification
- Proactively, to assess compliance with a specific Code requirement by requesting documents from a code covered entity
When documents are requested, the code covered entity is usually provided 14 to 21 business days to produce the documents.
An Inspector may also request to interview any person as part of the desktop audit.
Finalising the Desktop Audit
After analysing the documentation and interviews (if required), the ABCC will assess compliance with the relevant provisions of the Code and inform you and any relevant parties of the outcome.
If potential breaches are identified, the ABCC will send correspondence to the code covered entity which sets out the alleged breaches and provides the code covered entity an opportunity (where appropriate) for the matter to be rectified voluntarily.
It’s important to note that on some occasions breaches cannot be satisfactorily rectified.
Consequences of non-compliance
What happens If I fail to comply with the Code?
The July 2022 amendments to the Code removed the previous enforcement provisions under the Code.
This means that the ABC Commissioner can no longer refer non-compliance with the Code to the Minister and the Minister cannot impose exclusion sanctions against code covered entities.
However, the ABC Commissioner may still publish details of non-compliance with the Code pursuant to section 108 of the Building and Construction Industry (Improving Productivity) Act 2016.
What does publication of Code non-compliance involve?
Publication of non-compliance with the Code involves setting out the circumstances and conduct that resulted in the breach and publicly identifying the entity involved.
The purposes of publication are to:
- educate code covered entities on the types of conduct that contravene the Code
- 'call out' entities involved in serious Code breaches that do not seek to voluntarily rectify those breaches and prevent them from reoccurring
- deter others from similar non-compliant conduct
- enable building industry participants to make informed decisions on who they choose to engage to perform building work.
View our Sanctions page for a comprehensive list of all current and previous sanctions imposed by the Minister on code covered entities.
Please note that the July 2022 amendments to the Code removed the Code’s enforcement arrangements. Please see ‘Consequences of non-compliance’.