Occupational Licencing Amendment Bill 2026 (No 6)

Wednesday 19 August 2026

[11.23 a.m.]

Ms ARMITAGE (Launceston) - I will briefly make some remarks on this bill as it's pretty well a universally welcomed and accepted bill, closing a very problematic loophole which currently exists in Tasmanian law. Phoenixing in the construction sector has significant and far-reaching consequences for consumers, businesses and creditors, as well as employees and subcontractors of these companies. It depletes people's savings; it ruins lives and is a business practise that unscrupulous people have gotten away with for far too long. It's therefore very welcome to see legislation which establishes a framework to exclude these sorts of people from continuing to create companies to avoid paying creditors, finishing work, paying employee entitlements and from being liable for poor construction work.

While there exist current Commonwealth laws and powers which determine things like incorporation and director's duties, what this bill seeks to do is to determine who may hold a building licence, which is regulated under state occupational licencing laws. As the honourable Leader mentioned, until now individuals involved in repeated insolvencies have been able to re-enter the building and construction industry unchecked. This bill will close that gap, as has occurred in other jurisdictions.

The bill has clear definitions for bankruptcy events, which is when someone becomes bankrupt, or they apply to take the benefit from the laws for the relief of bankruptcy. It also defines an insolvency event as one which occurs when a liquidator, administrator or controller is appointed to the body corporate, it's wound up or ordered to be wound up. A further gap this bill closes is to define 'influential person' as being individuals who work behind the scenes to control or substantially influence the conduct of an organisation, sometimes known as shadow directors.

These are all excellent measures which I'm sure will go a long way to protecting our building industry, consumers and employees, subcontractors and creditors of building and construction companies, but they must also be backed up by adequate enforcement mechanisms and mandates. This bill further bolsters the considerations the administrator must consider when granting a building services licence.

In addition to the factors which already must be considered, such as a person's capacity, competence and fitness, it ensures that bankruptcy and insolvency act as barriers to people who seek to obtain a building services licence altogether for a prescribed period.

Additionally, the bill also provides an excluded person and permanently excluded persons must not manage, contract for or carry out building services work under the authority of a licence held by another person, which applies to excluded persons from other jurisdictions. I wonder if the honourable Leader could please advise how this information will be obtained. Just checking that the Leader heard the question that I asked.

Ms Rattray - Would the honourable member repeat it because I needed to share with the Deputy Leader an important matter.

Ms ARMITAGE - I will. I thought that you may not have heard it. Do you want me to read the paragraph again?

Ms Rattray - No.

Ms ARMITAGE - Additionally, the bill also provides an excluded person and permanently excluded persons must not manage, contract for or carry out building services work under the authority of a licence held by another person which applies to excluded persons from other jurisdictions. I'd be pleased with the honourable Leader who could advise how this information will be obtained? Will it be a matter of a search being performed on registers from other jurisdictions or will there be more formal information-sharing arrangements in place?

Ms Rattray - Thank you. I appreciate that honourable member.

Ms ARMITAGE - The bill further allows the administrator to publish the relevant details of excluded persons and permanently excluded persons on a public register. I'd like to know a bit more about this, if possible. What information is considered to be relevant for these purposes, and how would the register be managed and maintained, and who is responsible for ensuring that all the information contained in the register is true and correct?

The bill further contains measures to ensure that people are not unfairly barred from obtaining a licence by providing a pathway for an individual to avoid licence exclusion if they experienced a bankruptcy or insolvency event, despite having taken all reasonable steps in the circumstances to avoid it, thereby becoming eligible to be declared a permitted person under the legislation. I further asked the honourable Leader what these sorts of reasonable steps might look like? I understand that insolvency and bankruptcy events can be many and varied, however I think some guidance would be helpful here as to how this might work in practise.

Moreover, Mr President, this bill does not prevent a tradesperson who might be an excluded person from actually working in their recognised trade, and they can still seek work as an employee of a licenced building services provider.

The bill endows the administrator with greater flexibility to deal with disciplinary matters more efficiently by allowing them to consider such matters without having to refer them to a disciplinary panel, although they can still do this if they believe it necessary for an investigation.

Anyone directly affected by a decision of the administrator retains the right to appeal to TASCAT for review of the decision and ensures that procedural fairness is maintained for applicants and licensees with the implementation of these new requirements.

Mr President, as the honourable Leader mentioned, this bill will help to improve confidence and fairness across the sector at a time when it might not be as high as it should be. Poor and predatory conduct in the building and construction sector effects everyone along the chain, from consumers to employees and contractors. It can have serious impacts on local and wider economies and requires a strong legislative response. I believe this bill will help move us towards that goal. I support the bill.

Ms Armitage - Before you leave, the other one was about the relevant, the details excluded persons. Who's going to manage the register? How the register will be maintained?

Ms RATTRAY - Thank you, Mr President, in regard to the register. The register will contain simply the name of any excluded person or company that is an excluded person. The inclusion of a person on the register is subject to procedural fairness safeguards, and the register will be maintained to ensure the information is up to date and accurate.

That will be undertaken by CBOS.

Ms Armitage - Just their name, because it does say relevant details. That's just their name in the relevant details.

Ms RATTRAY - Register will contain simply the name of any excluded person or company.

Ms Armitage - Just relevant details almost intend to look like it's more information.

Ms Forrest - Maybe she can get some information in the committee stage.

Ms RATTRAY - I will do my best to provide that. I have one more answer to provide.

Ms Armitage - To reasonable steps.