LABOR's 'Tradie Pay Guarantee' policy announced today is a positive step in highlighting the important contribution building and construction makes to the community and economy, but caution must be taken to avoid adopting overly simple solutions to complex problems, according to Master Builders Australia.

Denita Wawn, CEO of Master Builders Australia said, “The need to ensure small and family businesses and subcontractors are paid in full and on-time is crucial. The few who deliberately do the wrong thing make it harder for the overwhelming majority who do the right and comply with the law.

“Builders and subcontractors will welcome the increased focus of both major parties on improving the standard of commercial conduct within industry, particularly the need to reduce differences between current Security of Payment regimes maintained by the States and Territories. Existing laws adopt different rules and take different approaches to what is essentially the same problem making it harder for all building industry participants to understand the law and increase compliance costs,” she said. 

“Caution should be shown in terms of using project bank accounts and trusts for construction projects performing Commonwealth building work. There has yet to be a reliable local assessment of whether such arrangements will represent a meaningful solution to a complex problem and run the risk of having significant adverse outcomes for small business and subcontractors,” Ms Wawn said. 

“Industry will also be keen to ensure that Labor’s policy does not duplicate or add to the vast array of existing and proposed reporting obligations that already apply to building and construction, such as the Taxable Payments Annual Report or the proposed Payment Times Reporting Framework. 

“All political parties must ensure they focus on adopting solutions that are evidence-based, effective and lasting while also ensuring that compliance with existing laws is being appropriately enforced – a key reason that underpinned building industry support for Labor’s Director Identifier Number (DIN) policy as now adopted by Government,” Ms Wawn said. 

“Improving the standard of commercial conduct in the building and construction industry is a key issue. Master Builders urges all political parties to ensure they commit to working with industry to ensure outcomes are effective and lasting, while resisting simple solutions to complex problems,” Ms Wawn said.

www.masterbuilders.com.au

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THE Australian Small Business and Family Enterprise Ombudsman, Kate Carnell welcomed the announcement today that Labor, if elected, will establish an independent compensation scheme for victims of financial institutions outside the timelines allowed under current Australian Financial Complaints Authority (AFCA) guidelines.

“This new entity will be able to give compensation up to $2 million for consumers and small businesses who suffered financial and non-financial loss,” Ms Carnell said.

“The new entity will be able to take cases dating back to 1 January 2008. People wishing to have their case reviewed will have two years to submit the claim.

“We have seen so many small and family business operators affected by the extremely poor behaviour of the big banks and other financial institutions and the Royal Commission simply didn’t address this.

“The missing element of this scheme is that small businesses with loans over $5 million still have no avenue to have their cases reviewed.

“We will continue to advocate for bank victims who fall into this category and will push for justice. This will give those businesses that have never had an opportunity to have their case heard have access to justice.”

www.asbfeo.gov.au

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Counter-Terrorism Legislation Amendment Bill 2019 and of the Counter-Terrorism (Temporary Exclusion Orders) Bill 2019.

The Bills were introduced into the House of Representatives on February 20 and 21, 2019 respectively, and referred to the Committee for inquiry and report.

Counter-Terrorism Legislation Amendment Bill 2019

The Counter-Terrorism legislation Amendment Bill 2019 contains a range of amendments to strengthen Australia’s counter-terrorism legislative framework.

The measures in the Bill fall into two broad categories – amendments relating to restrictions on bail and parole under the Crimes Act 1914, and amendments relating to the continuing detention order (CDO) scheme in Division 105A of the Commonwealth Criminal Code.

Counter-Terrorism (Temporary Exclusion Orders) Bill 2019

The Counter-Terrorism (Temporary Exclusion Orders) Bill 2019 is a stand-alone bill that introduces a temporary exclusion orders scheme to delay Australians of counterterrorism interest from re‑entering Australia until appropriate protections are in place.

The PJCIS Chair, Andrew Hastie MP, said, "In reviewing these Bills the Committee will work to ensure they offer Australians effective protection against terrorists."

The Committee is currently accepting submissions to the two reviews. Submissions should be provided no later than 4pm Friday, March 8, 2019.

Public hearings are expected to be held on Friday, March 15, 2019.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Parliamentary Joint Committee on Intelligence and Security has noted the judgement released last week on the defamation case brought by Chau Chak Wing against Fairfax over an article by John Garnault.

The Ccommittee chair Andrew Hastie said, "This judgment will be carefully analysed. Generally speaking, we are concerned about the impact that defamation laws in Australia are having on responsible journalism that informs Australians about important national security issues."

Mr Hastie noted, "The ability to report freely and fairly on national security is a vital part of our democracy. Australia’s democratic institutions – including our free media – must be protected.

"We take this responsibility very seriously and will continue to work as a committee to uphold Australian sovereignty and interests."

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