A national Review of Security of Payment Laws (the Review) was commissioned in 2017 to examine ways to improve consistency in security of payment legislation and enhance protections to ensure subcontractors get paid on time for work they have done.
- Date opened
- Date closed
The Review was conducted by Mr John Murray AM with assistance from the Department of Jobs and Small Business.
Mr Murray is a specialist in building contract disputations and security of payment legislation and has 40 years' experience in the construction industry, including as an accredited Adjudicator under the security of payment legislations in NSW, Victoria, Queensland, South Australia, Tasmania and the ACT.
Review process and consultations
To inform the Review an extensive process of targeted face-to-face consultations was conducted with key stakeholders across all levels of governments, business, unions and other relevant interested parties throughout the first half of 2017, including:
- construction industry unions
- peak trade associations and industry bodies, representing both head contractors and subcontractors
- state and territory regulators and officials
- members of the judiciary
- representatives of authorised nominating authorities (ANAs) and senior adjudicators
- senior legal practitioners, and
- leading academics.
An Issues Paper was produced for the purposes of setting out the matters for discussion during the targeted consultations. The Issues Paper identified key issues related to security of payment and posed questions for consideration by stakeholders.
A process of targeted face-to-face consultations was chosen over a general public consultation that relied only on written submissions as the Reviewer considered it to be more effective in generating detailed responses on what are generally considered to be highly technical issues.