National review of security of payment laws final report released
21 May 2018
The Turnbull Government today released the final report of the Review of Security of Payment Laws, undertaken by Mr John Murray AM, a specialist in resolving building contract disputes and security of payment legislation.
Minister for Small and Family Business, the Workplace and Deregulation, Craig Laundy said the Government commissioned the review to look at protections for individuals and small businesses involved in subcontracting in the building and construction industry.
“For these operators, delayed and disputed payments can make or break them,” Minister Laundy said.
Mr Murray’s comprehensive report makes 86 recommendations to improve consistency in security of payment legislation and enhance protections to ensure subcontractors get paid on time for work they have done, regardless of which state or territory they operate in.
Key amongst these is the recommendation to make security of payment laws nationally consistent with what is commonly known as the East Coast model, which is modelled on the NSW security of payment legislation.
“I appreciate the extensive consultation that Mr Murray undertook during the review and thank him for his efforts.
“As legislative responsibility for security of payment rests with the states and territories, the Government will work cooperatively with them on the findings of the review.
“As Chair of the Building Minister Forum, I am committed to working closely with all Building Ministers around the country to deliver improvements to the building and construction sector which are long overdue” Minister Laundy said.
The Government acknowledges that some states and territories have taken steps in the right direction on security of payments. However, with payments on average 26.4 days late and the construction industry in Australia accounting for 20 to 25 per cent of all insolvencies more needs to be done to protect subcontractors and small businesses who are the industry’s most vulnerable participants.
“More needs to be done to harmonise the various state and territory security of payments laws so that businesses and subcontractors operating in the building and construction industry are not required to be across several complex pieces of legislation at any given time.
“More also needs to be done to ensure that where payments are protect this protection flows through the entire contractual payment chain, not just to the first tier of building industry participants, as has been the case under various trials of Project Bank Accounts including currently in Queensland.
“Off the back of the release today, the Government will consult with industry to consider the report’s recommendations and explore ways to improve the protections for individuals and businesses involved in subcontracting in the construction industry.
“The Turnbull Government is the first government to directly address this issue at a national level, further demonstrating our commitment to small business and promoting a fair and productive building industry.”
The final report is available at www.jobs.gov.au/review-security-payment-laws
Media contact: Minister Laundy's office 02 6277 7610