AIB Policies

Guideline Scale of Fees

Quality Assurance

AIB Objectives

Builders Accreditation/Licensing/Registration

Code of Ethics

Security of Payments

Education

Information Technology

Women in the Building and Construction Industry

Waste Minimisation

Contining professional Development

Consolidation of Building Legislation

Competency Based Standards

   

Guideline Scale of Fees

Information Publication 9 contains the AIB's Guideline Terms of Engagement and Professional Charges. This can be downloaded from the following link:

AIB - Guideline Terms of Engagement & Professional Charges

This document is produced under Trade Practices Commision Determination A75/228 of 23 October 1987 and authorised by the Council of the Australian Institute of Building (AIB).

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The Institute has adopted a number of policy which are fully produced in Information Publication 12. An abridged version of the policies follows.

Australian Institute of Building Objectives

  1. To promote excellence in the construction of buildings and just and honourable practices in the conduct of business.
  2. To advance the study of Building and all kindred matters, arts and sciences.
  3. To encourage the friendly exchange between members of knowledge in practical, technical and ethical subjects.
  4. To uphold the dignity of the profession of Building and status of the Institute.

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Code of Ethics

The guiding principles of the Code of Ethics are to:

  1. respect the inherent dignity of the individual;
  2. place the welfare, health and safety of the community before sectional or private interests; and
  3. act in accordance with the spirit as well as the letter of the law.

Members must:

  1. act in accordance with the guiding principles;
  2. act fairly and honestly in all dealings;
  3. undertake professional practice in a responsible, careful and diligent manner at all times;
  4. always uphold the integrity and status of the Institute, its members and the profession of Building;
  5. not disclose any confidential information acquired in the course of professional practice unless required to do so by law;
  6. act faithfully as an agent of their client or employer and disclose any potential conflict of interest that may arise;
  7. respect the privileges, rights and reputation of other members;
  8. only make public statements, express opinions or give evidence based on adequate knowledge; and
  9. continue to develop relevant knowledge, skills and expertise throughout their career.

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Education

The Institute is concerned with the education and training of all individuals in the building/construction industry and is actively involved in:

  1. the promotion of new tertiary courses where the need exists,
  2. the development of courses in co-operation with academic staff,
  3. the assessment of courses for accreditation by the Institute, and
  4. the encouragement of secondary school students to undertake tertiary courses for careers in the Bulding industry.

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Women in the building and construction industry

The Institute supports and encourages equal career opportunities for women in the building and construction industry. It recognises that women have the right to pursue career paths and recommends to AIB members that they exercise their influence in ensuring positive work environments which are supportive of equal opportunity and responsibility.

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Continuing Professional Development

The Institute has a responsibility to encourage and support its members to maintain a proper level of competency and professionalism in their service to industry and the community. This goes beyond membership and implies a system of Continuing Professional Development (CPD), which is defined as `the systematic maintenance, improvement and broadening of knowledge and skill, and the development of personal qualities necessary for the competent execution of professional and technical duties throughout a professional's working life'.

An appropriate minimum level of CPD is 20 hours CPD per year (a maximum of 10 being private study) for AIB members of all grades other than Student and retired members.

CPD will be a factor when considering grade transfer applications.

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Competency Based Standards

The Institute acknowledges the importance of competency based standards to Australia as a whole and to Building in particular. Because of its involvement with Building education and practice the Institute will endeavour to take a leading role in the devolopment and application of competency based standards for Building at professional and paraprofesional levels, co-operating as necessary with interested parties.

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Quality Assurance

AIB members should provide all services and products in accordance with customer specified requirements and guarantee this level of performance by the operation and maintenance of a quality system to suit the requirements of IS series 9000.

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Policy Statement on Builders' Accreditation/Licensing/Registration Policy

All practitioners who are responsible for design, construction or assessment of building work should be accredited under State or Territory legislation. Such accreditation must be recognised throughout Australia, preferably by way of uniform legislation.

Accreditation requirements must include:

  • Applicable academic qualification (see below)
  • Adequate insurance Building and business competencies

Minimum academic qualifications should be:

  • For housing, low rise and single storey commercial: AQF Level 4 (Certificate IV)
  • For buildings up to 3 storeys: AQF Level 5 (Diploma)
  • Unlimited: AQF Level 6 (Advanced Diploma)

To carry out the role of, or purport to be a building practitioner without accreditation should be an offence under the relevant legislation. However, genuine owner-builders should be permitted to construct their own buildings.

A body should be authorised under the legislation to accredit building practitioners, to monitor compliance by accredited building practioners, carry out audits, investigate complaints and report as required.

There should be a mechanism for a person to appeal against a decision by the authroised body.

Background

The above policy is based on the Tasmanian Building Act 2000, which the AIB believes should be the model for other States and Territories.

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Security of Payments

Policy

  1. Participants have the right to receive full payment as and when due.
  2. All cash security and retention monies should be secured for the benefit of the party entitled to receive them.
  3. Payment periods lower in the contractual chain should be compatible with those in the head contract.
  4. Outstanding payments to participants, to the extent consistent with Commonwealth and State legislation, should receive priority over payments to other unsecured creditors.
  5. All construction contracts should provide for non payment to be a substantial breach.
  6. All construction contracts should make provision for alternative dispute resolution mechanisms.
  7. Only those parties who have the financial and technical capacity and business management skills to carry out and complete their obligations should participate in the industry.
  8. All construction contracts in the contractual chain should be in writing.
  9. Persons defined in paragraph 10 below and who undertake to carry out the following work must be entitled to a progress payment on and from each reference date as defined in the construction contract (or, if the contract contains no such definition, four weeks from commencement of construction work or the supply of goods and services):
    1. building, including residential and non-residential;
    2. civil engineering;
    3. demolition;
    4. electrical;
    5. hire of plant or equipment;
    6. landscaping;
    7. maintenance;
    8. mechanical;
    9. professional services such as archtectural, design and surveying; and
    10. supply of building materials.
  10. The following may make progress claims for payment:
    1. contractors, against clients;
    2. subcontractors, against contractors;
    3. suppliers of materials or building components, against purchasers;
    4. architects and engineers; and e. others providing advice, against clients.
  11. A progress payment becomes due and payable in accordance with terms of the contract or, if the contract does not contain such terms, at the end of two weeks after a progress claim is made.
  12. A claimant may suspend construction work or the supply of goods and services if the respondent fails to provide a payment schedule or, having provided a schedule, fails to pay an amount by the due date.
  13. There is no place for "pay when paid" provisions in a construction contact.
  14. Disputes over the payment of progress payments should be settled by adjudication.
Background
  1. The above policy is based on the NSW Building & Construction Industry Security of Payment Act 1999. It accords with the code of ethics which applies to both AIB members and those listed on the National Building Professionals Register (NBPR).
  2. The policy is meant to:
    1. apply to all contracts (written or oral) for building and construction work, the supply of related goods or services with the exception of contracts with homeowners, certain contracts with financial institutions, and contracts where payment is calculated other than by reference to the value of work;
    2. provide rights to progress payments through payment claims for completed work;
    3. require early notice to be given of any disputed claim;
    4. impose default provisions where a construction contract is silent on p;ayment terms;
    5. provide for prompt adjudication of disputes over progress payments;
    6. ban pay-when-paid and pay-if-paid clauses;
    7. require security for disputed amounts following adjudication;
    8. allow suspension of work for non-payment or failure to provide security after adjudication; and
    9. provide for panels of adjudicators to be maintained by Authorised Nominated Authorites which are provided by the building idustry in an effective application of co-regulation.

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Information Technology

The Institute will:

  1. foster, encourage and promote research and development in the application of integrated information technology (IT) in the design, construction and occupancy of buildings;
  2. pro-actively encourage the use of IT in the construction of buildings;
  3. support the introduction of electronic data exchange (EDI);
  4. encourage the establishment of open data standards to allow free and straightforward exchange of information electronically;
  5. support and contribute to the efforts of CIB W78 in establishing worldwide information standards by encouraging their implementation in Australia, including their incorporation into Australian Standards; and
  6. participate in international cooperation for IT.

All members should be proficient in the use of IT applicable to their areas of expertise, and are encouraged to upgrade their skills regularly in the use of current software being used in the building industry

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Waste Minimisation

Institute members must develop or promote, at their workplace, waste management best practice, which includes:

  1. the recognition of Australian governments' determination to minimise waste and the benefits of a national voluntary approach;
  2. a framework commitment to undertake waste minimisation as part of normal business and operations, including with sub contractors;
  3. promoting an organisational commitment to waste minimisation through, for example, annual reports;
  4. a commitment to an industry waste reduction agreement target or the Wastewise Agreement; and
  5. a waste minimisation strategy covering:
    1. a waste audit,
    2. a waste minimisation plan for each area of operations,
    3. managing and training,
    4. site arrangements, and
    5. contracts and purchasing.

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POLICY STATEMENT ON CONSOLIDATION OF BUILDING LEGISLATION

Policy

  1. Building legislation should be consolidated into one act, which includes:
    1. areplacement of joint and several liability with proportionate liability;
    2. accreditation of building practitioners (contractors, architects, engineers, designers and surveyors);
    3. mandatory insurance; and d. maintenance of essential safety and health requirements in buildings.
  2. A Building Act should satisfy the objectives of:
    1. binding the Crown by provisions of the legislation;
    2. protecting the health, safety, amenity and social needs of building users;
    3. establishing appropriate building standards;
    4. clearly allocating responsibilities;
    5. maintaining public order in respect of building construction and use;
    6. protecting customers who use building practitioners;
    7. promoting sustainability;
    8. underpinning an efficient building industry; and
    9. being consistent with legislation in all other states and territories.

 

BACKGROUND

There is a strong ground swell of opinion in a number of states that believes that the states' economies and consumers in particular would benefit considerably if the building industry legislation dealing with items such as building licensing and compliance with building codes were consolidated into one nationally consistent act in each state. A new Building Bill has recently been passed through Parliament in Tasmania and this bill has incorporated the reforms that are highly desirable in other states.

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