September 2025

Fighting for fairness

Consult Australia before NSW Parliament

Consult Australia’s Kristy Eulenstein and Alison Kirk appeared before the NSW Parliament’s Public Accountability and Works Committee in mid-September, calling for a regulatory regime that is appropriate and workable in practice.

The review into the Design and Building Practitioners Act 2020, the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020, and related draft legislation is underway.

“This legislation was introduced to restore confidence in apartment construction,” says Alison Kirk, Consult Australia’s Manager NSW & ACT. “But it has now extended well beyond its original intent and is dragging quality consultants into layers of unnecessary regulation.”

Representing Consult Australia members, especially small and mid-sized firms, Alison and Kristy highlighted several key recommendations:

  • Exclude existing buildings from the scope of the Design and Building Practitioners Act 2020 (NSW)
  • Streamline the regulatory maze by eliminating duplication between laws, regulations, codes and standards
  • Remove the requirement for practitioners to confirm the adequacy of their insurance
  • Modify duty of care provisions to ensure proportionate liability
  • Pause further expansion of the Design and Building Practitioners Act 2020 (NSW) until data collection and evaluation of the true cost to business is undertaken.

“Small firms are spending time and money navigating uncertainty,” said Kristy Eulenstein, Consult Australia’s Head of Policy and Government Relations. “Some are walking away from projects that should be straightforward. Not only that but some have completely walked away from their small businesses because of the unreasonable burden.”

Here’s what Consult Australia members said:

  • “We are facing the need to fund run off costs in the high hundreds of thousands of dollars, and possibly millions by the time I come to retire. When I started, this was more like $20,000 total. There is simply no way a small business can set aside something like $100,000 per year…”
  • “A major issue is where small businesses get help in navigating what is poorly written technical legislation. The Building Commission gives virtually no assistance to practitioners seeking help with unusual situations to determine how to apply the regulations in a reasonable manner. Larger organisations have in-house counsel to review requirements and to provide legal advice. We do not.”

Consult Australia has recommended a comprehensive cost and impact evaluation, alongside clear guidance materials to help engineers and designers meet their obligations.

‘The committee was very engaged with the issues and particularly interested in the experience of businesses and practitioners on the ground. I was pleased to have so many case studies to hand from across the membership to illustrate our concerns,” Kristy adds.

“Our advocacy is always more powerful with this member input. Oh, and members shouldn’t worry – of course I squeezed in a quick 101 on professional indemnity insurance!”

Read our 2024 submission for more information. More updates to come as the review progresses. 

 

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