December 2023

Solutions-focused policy

Solutions-focused policy

Several contracting wins and a louder voice to federal government are just some of the key achievements of Consult Australia’s advocacy team, says Head of Policy and Government Relations Kristy Eulenstein.

“Advocating on behalf of our members is our core business. Not every policy or contract got ‘fixed’ this year, but our advocacy is always solutions-focused and we made significant headway on some of the industry’s most complex issues,” Kristy notes.

A quick scan of the submissions prepared by Consult Australia's policy team speaks volumes about the work in 2023. 

Insurance was at the forefront of Consult Australia’s advocacy, and one of the biggest wins was in Western Australia. 

After Development WA set the professional indemnity insurance thresholds for the new engineering panel too high, Consult Australia stepped in on behalf of members and the broader industry. “After a constructive dialogue, Development WA changed the thresholds so that trusted companies they had worked with for many years could continue to engage.”

Contracting wins were also secured in Queensland, New South Wales and South Australia. In Queensland, for instance, negotiations with the Department of Transport and Main Roads over the Infrastructure Building and Construction Panel were positive. “We secured removal of liquidated damages, removal of the security obligation, an appropriate reliance clause for supplied information and a liability cap.” 

Consult Australia also secured a “pause” on capped rates with NSW Treasury and “we continue to be the most persistent voice against the NSW Government’s proposed engineering practice standard and the impacts on insurance”. Consult Australia’s August submission to the NSW Government clearly articulates why the proposed standard is “unworkable” and “we will continue to document issues and share these with the NSW Building Commissioner’s team and the Minister in 2024.”

While much of the team’s work is down in the detail, they also champion the big picture with governments. “We continue to build on our reputation as a trusted voice with all political parties.”

In November, Kristy joined a delegation of Australian Construction Industry Forum members, which met with several ministers, shadow ministers, senators and advisors at Parliament House in Canberra. A discussion with Minister for Industry and Science Ed Husic's team explored the “business critical” issue of insurance and the interplay with building reform. “The Minister’s office was very interested in our work including Digital by Default and Capacity Crunch and is keen to improve industry dialogue.”

The delegation also met with Minister for Infrastructure Catherine King, who shed light on the findings of the Infrastructure Investment Program review, Julie Collins, Minister for Housing, Homelessness and Small Business, and ACT Independent Senator David Pocock who was “very keen to hear about procurement, which he knows is not working”.

What’s on the horizon in 2024?

“The Federal Treasury has announced a massive competition review and that will be our biggest area of focus next year. This is our avenue to advocate for changes to misleading and deceptive conduct provisions, and to maintain the existing exemption in the Australian Consumer Law for engineers and architects from the fit-for-purpose consumer guarantee,” Kristy notes.

“We are already laying the groundwork for solutions-focused policy in 2024 and beyond.”

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Solutions-focused policy