ACT Government dictating what tradies to use

Discussion in 'Legal Issues' started by Jordy99, 25th May, 2023.

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  1. Jordy99

    Jordy99 Well-Known Member

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    The ACT government has recently introduced regulations that a particular company must be used to do ceiling insulation for rental properties in the ACT.

    'To ensure the safety of tenants and the community, the ACT Government under the regulation requires ceiling insulation installation to be undertaken by a trained installer certified under the Energy Efficiency Council’s Professional Certifications Program.'

    However, every 'installer' that the ACT govt forces people to use is from the same one company in the ACT. You have to use this one company (and their tradies) to do the ceiling insulation for your investment property in the ACT, and then get a 'certificate of compliance' from them. Or you are not allowed to rent out your property unless it meets their ceiling insulation standard.

    I'd like to use a tradie of my choice (get quotes, compare work etc), but it seems I'm not allowed to.

    It seems like a restraint/restriction of free trade and I'm wondering who I can contact to investigate this further?

    Does anyone have an idea of who I can report this to - maybe ASIC?
     
  2. thatbum

    thatbum Well-Known Member

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    Are you sure? It sounds pretty unlikely.
     
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  3. strannik

    strannik Well-Known Member

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    are they from the same company, or members of the same professional organisation/certified by one? like Master Builders isn't a company that employs all the builders
     
  4. inertia

    inertia Well-Known Member

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    What are you talking about? I see 2 companies!!!
    Find a certified expert

    So presumably, this is a new requirement, or about to be introduced, and it looks like a big company or agency is getting ahead of the curve and has sent a bunch of installers on the certification course...

    Given the phase in period, I would expect a few more installers get certified over the 9 months following 1 April 2023...
     
  5. Antoni0

    Antoni0 Well-Known Member

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    So it's only a problem for IPs, and not PPORs?o_O

    I actually installed insulation in my own home when Peter Garret introduced the program and it made my house worse as it wasn't designed for it, in the winter the house is a lot colder and in the summer it's like an oven as it traps the heat in. So in the end I'm more reliant on heating and cooling.

    Wow! Just when I thought I had seen it all, is anyone up for more credit?
    upload_2023-5-25_13-23-51.png
    Minimum energy efficiency standards for rental homes - Justice and Community Safety Directorate
     
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  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I imagine there will be many applying. Maybe its early days ?
     
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  7. Stoffo

    Stoffo Well-Known Member

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    Probably each a subsidiary of a parent company which is wholly owned by a Polly o_O
     
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  8. Mark F

    Mark F Well-Known Member

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    Early days. I cannot imagine JustRite not being/getting certified given that they are a very large player in the insulation market in the ACT.
     
  9. Jordy99

    Jordy99 Well-Known Member

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    Agree - but why do I have to use a special person (approved by the ACT Govt) to do it just because it is a rental house? The place I called up quoted $8,000 to do the ceiling insulation (for a very small house).

    Why can't I use my own tradie of choice to do my ceiling insulation?
     
  10. Mark F

    Mark F Well-Known Member

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    You can blame the shonky insulation installers from the Rudd roof insulation policy where installers employed untrained staff to do the installations. Several deaths due to poor practice (electrocution) and OH&S (heat). Government gets blamed and sued for the actions of the rogue installers because they didn't mandate standards and safety practices. The current scheme demands an electrical safety certificate before work can commence. Can't blame the government for covering its arse in this situation.
     
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  11. Coffee

    Coffee Well-Known Member

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  12. MrSquiggle

    MrSquiggle Member

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    You can't report this to ASIC, Governments are free to be anti-competitive. In the same way you can't report a Federal employer to Fair Work. To me, this looks like the by-product of a new scheme, not corruption, so not something for the Integrity Commission.

    I can see what you mean looking at Find a certified expert. Out of 21 installers, 24 are Alexander Watson and only one other exists.

    I'd suggest writing the the Justice and Community Safety Directorate and saying you could only find two installer, which limits your ability to measure "value for money" - that term has a special meaning to public servants who usually have to get 3 quotes.

    Politely ask them for an exemption (per their own site) until there are more installers, or ask them for a suggestion about how you can obtain value for money if there is only one installer (but there are two, so that reduces your argument some what). I suspect any public servant would hesitate to write back that under a scheme they administer there is no way to obtain value for money...

    Most likely you'll get an answer that is a fob off ("The scheme is administered... blah blah, ACT Government doesn't control who applies" blah blah), then take that and refer to Opposition to give them grief about administering a scheme with no real competition. That's about the best you can do.

    If you get an exemption until there is more competition, great.

    If there are no other installers in about 6 months, I suspect it will come up again.

    Hope that helps (sort of).

    If it makes you feel better, my associate was complaining the other day that they are asking people in multi story dwellings with a unit above them to explain why they don't need insulation in their ceiling.

    Not owning an IP in ACT is very liberating...
     
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  13. MrSquiggle

    MrSquiggle Member

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    That'd be 20 of 21, not 24 of 21... my bad.