Consumer, Building and Occupational Services is seeking your input on a draft Bill to amend the Occupational Licensing Act 2005 (the Act).
The Occupational Licensing Amendment Bill 2026 (the bill) fulfils the Government’s commitment to crack down on dodgy builders by addressing building company phoenixing and streamlining the powers of the Administrator to take disciplinary action against licence holders.
The draft bill provides that an individual becomes an ‘excluded individual’ if they:
- become bankrupt, or
- were a director, secretary, or ‘influential person’ of a construction company up to two years before the company experienced an insolvency event, such as liquidation or administration.
An excluded individual is unable to hold a prescribed building services licence and cannot be a director, secretary, or influential person in a licensed company for three years from the date of the insolvency event.
A person may also face permanent exclusion from holding a licence if involved in two separate insolvency events.
The bill also provides that a construction company is committing an offence if an excluded person is a director, secretary, or influential person of the construction company (For the purposes of this offence, a construction company need not be an incorporated entity).
The bill also amends the provisions in the Act relating to disciplinary action. The bill repeals section 92, therefore disciplinary panels will no longer be a part of the disciplinary process under the Act.
All written submissions on the Bill must be received by 11:59pm on Friday, 20 February 2026. For full details on the consultation and to submit a response, please visit the Department of Justice community consultation page.
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