The Constructors Association and the Importance of the Condition of Approval For Constructors

On 9 April 2021, the Australian Constructors Association lodged an application with the Registry of Industry Documents for authorisation on behalf of itself as a company, its directors and any other building or construction industry entity wishing to participate in the practice (the Participating Constructors.) The application was based on the fact that the Federal Attorney-General had made some decisions in regard to the operation of the law in terms of registration of companies, that there was confusion about the operation of s 50 in relation to registered organisations and that the code of practice for registered contractors was inconsistent with the statutory obligations of the Australian Constructors Association as it stood at the time.  Visit this website for information about this association.

Although these problems had arisen throughout the year, it was not until the application was lodged with the registrar that the problems had materialised and the process started to move forward. There have been substantial difficulties throughout the legal process, which have been described below. The issues have been broadly divided into two areas: (a) the construction of new projects; (b) the construction of alterations to existing projects.  You can learn more about these contractors now.

At the inception of the application, it was agreed by the applicant and the Australian Constructors Association that the overall construction plan should not be affected by the statutory obligations of the Australian Constructors Association as it stood at the time of lodging the application. This meant that the applicants were not required to consult the attorney general regarding every single aspect of their proposed works. Instead, they were recommended to seek advice from solicitors who were experienced in dealing with similar matters. In the interests of full disclosure, the following discussion outlines the issues which were addressed in the application.

As soon as the applicant lodged the application with the Registry of Industry Documents, the attorney general's department decided to review the registration. The result of this review was that the register was not appropriate for the conduct of modern constructions and it was recommended that the register be amended to exclude references to the Registered Secretaries of the associations that were listed within it. The reasons given for this recommendation included the fact that the information provided by the constructors would be readily available to any person who wished to obtain it, as well as the risk that there might be a misunderstanding of the type of work that would be carried out as a result of having the Registered Secretaries of the associations on notice.

Once this condition had been met, the applicant was advised that the matter would be reviewed again by the Attorney-General's department. Although the review resulted in the continuation of the application, this was before the scheduling function commenced. Consequently, once this function was conducted, it was apparent that scheduling the application would be a prolonged process.

The next step involved in this procedure was to review the statutory obligations of the Registered Secretaries of the various associations with which the applicant was associated. It was noted that it would be difficult to apply for approval of a schedule if it was found that the Registered Secretaries had not complied with their obligations in relation to the preparation of the schedule. Subsequently, it was recommended that this condition be deleted from the condition. Accordingly, this condition has now been deleted from the rule.

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