1. Refinements to R4Q PF BUILDING BLOCKS FOR EFFECTIVE REGULATION
Bronwyn Weir
ANZSOG – Regulators Community of Practice
Sydney - 15 November 2018

2. Overview
Background
The BMF Assessment
Relevance of the findings to other regulators

3. Background Inter Governmental Agreement Building Ministers Forum
National Construction Code
Australian Building Codes Board
Model Building Act
Private Certification
Performance Based Code
Multi government
Local and State
Various State government bodies
Interface with planning controls

4. Cladding Lacrosse Melb 2014 Grenfell June 2017 Symptom
Activity at state level
Why has this occurred?
Great fire of Rome 64 AD burnt for 6 days – wooden homes in narrow alley ways caused fire to spread from building to another
Great fire of London 1666 burnt for 4 days wiping out 80% of the city – London adopted building regulations to require wider streets and walls of stone or brick

5. BMF Assessment Terms of Reference
8 building regulation schemes
Previous reviews & inquiries
Industry & Government Consultation
10 ‘problems’
Based on the assessment, make recommendations for a national best practice approach for the effective implementation of the NCC

6. The 10 problems
Roles, responsibilities accountabilities of different parties
Education and training
Licensing & accreditation
Accuracy of design and documentation
Quality control and assurance

7. The 10 problems Competencies of practitioners
Integrity of private certification
Inspection regimes
Auditing and enforcement practices
Product importation and chain of custody

8. Timetable for assessment
BMF met April – Report released
Feedback & final consult Finalise report Jan/Feb 18
Closing date for written subs 20 December
BMF met 11 Dec – Draft Report
Consultations & assessment Oct/Nov 17
BMF met
6 Oct 17 Initial report
Appointed end Aug 17

9. Performance-based Code
Benefits appear to outweigh negative impacts
Performance-based decisions are opinion based
High degree of transparency required
High degree of competency required
Enforceability requires clarity in interpretation

10. Modern construction practices
Rapid growth in high-rise construction
Design and construct model does not match regulatory controls
The sector has taken its own path
Key decision makers – developers, project managers, designers
Global markets for building products
High risk buildings but very limited regulatory oversight
Capacity of regulator
Prevalence of private building surveyor

11. Role of private building surveyor
Regulated
Commercial business
Co-regulator
Model differs across country- in all cases significant reliance is placed on certification by private surveyor
Inherent potential for conflict – need effective controls
Alignment (or lack of) with local government powers and functions

12. The recommendations Practitioners* Regulators*
Private building surveyors*
Documentation*
Inspections of building work
Fire safety systems
Implementation

13. Building Practitioners
Recommendations 1-4
Who to register
Harmonise requirements for entry
Existing practitioners
Building surveyors
Problems
Key players not required to be registered in some jurisdictions
Lack of accountability
Lack of competence
Mutual recognition headaches
Poor quality training – not enough education on NCC
Continuing professional development

14. Regulators Address fragmentation through ‘Regulatory Practice Panel’
Recommendations 5-7
Address fragmentation through ‘Regulatory Practice Panel’
Full suite of powers to regulate
Publish strategy for oversight of Commercial sector
Problems
Fragmentation
Lack of collaboration
Role of PBS as a co- regulator
Powers not working together in practice
Risk-based?

15. Private Building Surveyors
Recommendations 9-11
Clarifying independence
Mitigating inherent conflict and auditing conduct
Reinforcing role of PBS as a co-regulator
Problems
Conflict
Lack of clarity of expectations – codes of conduct
Role as co-regulator is perceived as secondary to commercial interests

16. Documentation Problems Poor quality Lack of capacity for intelligence
Future owners lacking key info
Recommendations 13 & 20
Central repositories with common data points
Building owners manual
Using new technologies
Various controls to improve quality

17. Themes for Regulatory Practice
What to regulate?
Fit for purpose
Regulating ‘performance’
Private sector as a Co-regulator
Multi-government

18. What to regulate? Federation National Laws Risk allocation
Role of industry – self-certification
Economic benefits/costs
Public interest

19. Fit for purpose Regulating the complexity of reality
Keeping up with the pace of change & innovation
Certainty v flexibility
Accessing intelligence to inform regulatory practice
Relationship between policy and regulator

20. Regulating performance/outcomes-based
High risk
Misinterpretation
Lack of competency
Lack of transparency
Quantification/codes of practice
Confidential or mandatory reporting (e.g.CROSS)
Transparency & Accountability
Roles and responsibilities
Independent 3rd party review
Proactive audit

21. Private sector co-regulators
Inherent conflict of interest
Mitigating the conflict effectively
Ethical standards
Fine balance
regulating with
regulating against the co-regulator
Risk sharing/insurance

22. Multi-government Local and various state government bodies
Collaboration & co-ordination
Clear roles & responsibilities
Information sharing & referrals
Consensus around risk
Joint stakeholder information and management

23. Key regulatory practice skills
Capability – operationalising policy
Clear processes - decision making tools
Confidence – clarity on risk
What not to do!
Proactive strategy
Strategy that covers all regulatory activities – common language
Risk profiling
Intelligence led

24. bweir@weirlegalconsulting.com +61 417 105 640
Bronwyn Weir