The Australian Government has rejected a recommendation to ban
the importation, sale and use of combustible cladding made by the
Senate inquiry into non-conforming building products, determining
such a ban would be neither effective nor practical.
The recommendation was one of eight made by an interim report on
aluminium composite cladding released in September 2017 by the
Senate Economics References Committee's inquiry. The report's
recommendations aimed to address the fire risk posed by the
non-compliant use of polyethylene core aluminium composite panels
(PE-ACPs).
Difficulty in identification of PE-ACPs, legitimate uses of the
material, domestic manufacturing, international trade obligations
and costs to industry would make a total ban on PE-ACPs ineffective
and impractical, the Government response determined.
"The Australian Government is of the view that the national
measures currently being pursued by the Building Ministers' Forum,
through the work of the Senior Officers' Group, will effectively
increase accountability of all participants across the building
supply chain, and improve building product conformity and
compliance with the National Construction Code (NCC)," the
Government response stated.
Fire Protection Association Australia CEO Scott Williams agrees
that greater enforcement of existing legislation is the most
effective way to reduce the fire risk posed by combustible
cladding.
"The use of combustible cladding on high-rise buildings is in
the majority of cases already prohibited by the NCC," he said.
"It's not necessary to ban it twice; what is required is greater
enforcement of the legislation we already have that requires a high
level of fire safety in Australian buildings."
"As the Government response highlights, several important
reforms have been introduced in Queensland and New South Wales
since the Senate inquiry made its recommendations, some of which
are addressed by the new legislation."
"Refinements are also underway in NCC 2016 Amendment One, which
introduces further clarification and guidance on the use of
combustible cladding on buildings."
Of the other seven recommendations made by the Senate inquiry,
the Government supported three and noted four, highlighting that
the constitutional authority for most of the recommendations lay
with the states and territories.
Not supported
- The Australian government implement a total ban on the
importation, sale and use of Polyethylene core aluminium composite
panels as a matter of urgency.
Supported/supported in principle
- The Building Ministers' Forum give further consideration to
introducing nationally consistent measures to increase
accountability for participants across the supply chain.
- That the Commonwealth government consider making all Australian
Standards and codes freely available.
- The Commonwealth government's decision to give further
consideration to Director Identification Numbers and recommends
that it expedites this process in order to prevent directors from
engaging in illegal phoenix activity.
Noted
- The Commonwealth government work with state and territory
governments to establish a national licensing scheme, with
requirements for continued professional development for all
building practitioners.
- The Commonwealth government consider imposing a penalties
regime for non-compliance with the NCC such as revocation of
accreditation or a ban from tendering for Commonwealth funded
construction work and substantial financial penalties.
- The Commonwealth government ensure the Federal Safety
Commissioner is adequately resourced to ensure the office is able
to carry out its duties in line with the new audit function and
projected work flow.
- That state and territory government's work together to develop
a nationally consistent statutory duty of care protection for end
users in the residential strata sector.
The full Government response is
available here.