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Better payment protection in WA under Construction Industry Act

Western Australia’s Building and Construction Industry Act to provide better support for businesses.

The Building and Construction Industry (Security of Payment) Act 2021 (WA) will start taking effect from August 1, 2022 and will introduce better payment protections for all participants in the Western Australian building and construction industry.

Stage 1 of the implementation roadmap focuses on the introduction of new security of payment laws that create more structure and transparency

to payment rights under contracts, together with a more effective means for contractors to recover payments owed through a process of rapid adjudication. The new laws are more consistent with those in the rest of Australia.

The other stages will start on February 1, 2023 (Stage 2) and February 1, 2024 (Stage 3).

The Department of Mines, Industry Regulation and Safety – Building and Energy division (Building and Energy) will support businesses to adjust to the reforms through a substantial campaign of industry education. This will officially kick off in June 2022 and run until at least the end of the year.

To help businesses understand the new laws that are to commence on August 1, 2022, Building and Energy will publish a suite of educational materials on its website, including educational videos and fact sheets, template forms and user guides.

Western Australian law firm Jackson McDonald has been appointed to help develop and deliver information sessions for industry participants on the new laws and how they operate.

The seminars will also be made available online in June 2022 and will explain all key provisions of the security of payment laws.

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