The following is an example of the discussion paper that we sent to stakeholders as part of our consultative process for both the NCC RIS and review of the IGA ABCB.
The Allen Consulting Group has been commissioned to conduct a review of the Intergovernmental Agreement (IGA) of the Australian Building Codes Board (ABCB).
This paper serves three important purposes:
it provides information on the context for this review
• it includes a set of questions to guide interviews and submissions, and
• it includes a request for data to inform cost-benefit analysis.
C.1 Review background and context
The building regulation environment is changing rapidly, driven by factors such as climate change and sustainability policies, the ageing population, trends towards national regulatory reform and reducing regulatory burden on business.
Most immediate is the consolidation of on-site construction standards within a National Construction Code (NCC). In its meeting of 3 July 2008 COAG agreed to the implementation of a National Construction Code, the first stage of which would be to consolidate technical standards for building and plumbing. The proposed approach is for the NCC to be a consolidation of the Building Code of Australia (BCA) technical plumbing regulations, managed under the current model for management of the BCA (the ABCB model).
The NCC has implications both for the composition of the new code and the management of the regulatory framework. The current framework for managing the regulation of buildings in Australia is the Intergovernmental Agreement for the ABCB, which sets out:
• the respective roles for governments in building regulation
• how the BCA will be adopted by State and Territory governments
• governance, funding and administrative arrangements for the ABCB as the body which maintains the BCA and progresses the IGA objectives.
Implementing the NCC will require changes to the current IGA, at a minimum to reflect the involvement of the plumbing sector. The current review of the IGA provides a valuable opportunity for a more comprehensive assessment of the current model — is the current IGA the best model to manage the NCC and future challenges facing the building and plumbing sectors? Answering this question requires an assessment of the effectiveness of the current IGA — whether is it achieving its objectives, and if not, what changes are required to make the IGA more effective.
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C.2 Review components and approach
This review has two key components
1. An implementation strategy and Regulation Impact Statement (RIS) for the NCC, which will be a component of the future regulatory environment within which the IGA will need to operate
2. A comprehensive review of the IGA to assess whether the current approach is the most effective to meet future challenges, including supporting the new NCC when implemented.
Figure C.3 illustrates the linkages between these components, reporting and timing for this review. The review questions set out the logic of the issues to be addressed.
Essentially, the NCC implementation plan and RIS are addressing the ‘mechanics’
of implementing the NCC, whereas the IGA review component is taking a step back to test whether the current management model for building regulation is working effectively, and whether it is the best model to manage the proposed NCC.
Figure C.1
FRAMEWORK FOR THIS REVIEW
How should a NCC be
implemented?
(Transition, legislative and admin changes)
What are the costs and benefits of a NCC over other options?
(Legislative and admin, technical changes, compliance costs) How does the IGA need to change to manage a NCC and other future challenges?
Is the current IGA effective? How can it be improved?
It is important to note that this review is focused on the IGA (effectively the mechanisms to administer and manage the implementation of the BCA) rather than technical standards within the BCA itself. Technical standards will be considered as part of the NCC analysis, but only to the extent to that developing the NCC changes technical standards (where changes are necessary to be consistent with the new Code).
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C.3 Participating in this review
It is important that stakeholders participate in this review. We are seeking stakeholder input in the following ways.
Interviews
Stakeholders will have been contacted requesting an interview with the review team. These interviews will seek to cover those issues set out in the attached questions. Interviews are being conducted early in the review timeframe, with stakeholders able to provide comments and data to the review following interviews with the review team.
Interviews with building sector stakeholders will cover both the implementation of the NCC and the effectiveness of the current IGA. Interviews with plumbing sector stakeholders will focus primarily on the NCC implementation issues, though will also cover how a new IGA should be developed to respond to the needs of the plumbing sector.
Request for data on NCC impacts
Included in this paper is a request for data on NCC impacts. These questions are seeking information to support the Draft RIS that will go to COAG in November.
The data request tests with stakeholders what the likely costs and benefits would be of implementing the NCC.
To meet COAG deadlines, data for the draft RIS must be provided by COB Tuesday 28 October 2008. Responses should be sent by email to [email protected].
Written submissions
We welcome written submissions to this review from all stakeholders. Providing a submission presents a valuable opportunity for stakeholder to participate in the review. Submissions can be structured around the questions in this paper, or focused on a sub-set of issues that your organisation wishes to bring to the attention of the review team.
Submissions can be made to the review until COB Wednesday 3 December 2008.
They can be sent:
By email (preferred) to: [email protected] By fax to: 02 6230 0149
By mail to: att: Sharon Kennard
The Allen Consulting Group GPO Box 418
Canberra 2601
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