The formal report on the independent review of the Building and Construction Industry (Improving Productivity) Act 2016 was tabled in Federal Parliament on Thursday 6 December, 2018.

The independent review, conducted by Rex Deighton-Smith of Jaguar Consulting, was commissioned by the Minister for Employment pursuant to section 119A of the Act which required that the Act be reviewed within 12 months after its commencement.

The review examined:

  • the performance by the ABCC of its “full service regulator” function
  • the independent oversight of the ABCC’s compulsory examination powers
  • whether higher penalties are acting as a deterrent in preventing contraventions of designated building laws
  • whether the BCIIP Act should be amended
  • operation of new provisions including the Federal Safety Commissioner’s role.

Full service regulator

The review assessed the performance of the ABCC as a full service regulator.

The activities of the ABCC since its establishment, together with the strategic priorities identified by the ABC Commissioner, are consistent with its full-service regulator function. (p.3)

Review conclusion

The review concluded that a cautious approach should be taken to the question of amending the BCIIP Act and 2016 Code stating:

… the review believes that a cautious approach should be taken to the question of amending the BCIIP Act and 2016 Code. Frequent legislative change has occurred in this field in recent years, with associated costs for industry participants in keeping up to date with their legislative obligations. Moreover, most submissions received from stakeholders expressed a desire for the current provisions to remain in force, at least in the medium term. (p.66)


A copy of the full report and recommendations and the Australian Government’s response can be found on the Department of Jobs and Small Business website.

View this E-Alert in full for a complete summary of the review.