Subject to the exemptions described below, where Housing Australia funds building work under the Housing Australia Future Fund Facility (HAFFF) and the National Housing Accord Facility (NHAF), or provides funding for other activities sufficiently connected to such building work, the Work Health and Safety Accreditation Scheme (the Scheme) will usually apply. This means that the head contractor builder will need to be accredited before Housing Australia can fund the building work.
What is building work under the Scheme?
The Federal Safety Commissioner Act 2022 and Federal Safety Commissioner (Accreditation Scheme) Rules 2023 define building work for Scheme purposes. Building work means any of the following:
- construction
- alteration
- extension
- restoration
- repair
- demolition, or
- dismantling
of any buildings, structures or works that form, or are to form, part of land, whether or not they are permanent. Any of these activities carried out on railways (not including rolling stock) and docks is also building work.
Building work also means the installation in any building, structure or works of fittings forming, or to form, part of land including:
- heating
- lighting
- air-conditioning
- ventilation
- power supply
- drainage
- sanitation
- water supply
- fire protection
- security, and
- communications systems
Finally, building work means any operation that is part of, to prepare, or to render complete, any of the building activities listed above, including, for example:
- site clearance, earth-moving, excavation, tunnelling, or boring
- laying of foundations
- the erection, maintenance or dismantling of scaffolding
- prefabrication of made-to-order components to form part of any building, structure or works either at the main site or an auxiliary or holding site
- site restoration, landscaping and the provision of roadways and other access works
Fixtures such as buildings or structures that house equipment (such as generators, converter stations, or other infrastructure) are classified as building work that requires an accredited builder.
Certain prefabrication works and the transportation or supply of goods are not considered building work under the Scheme, see the Fact Sheet – Definitions of ‘Builder’ and ‘Building Work’ for more information.
For guidance on whether your project falls within the Scheme’s definition of building work contact the OFSC at ofsc@dewr.gov.au.
Are there any exemptions from the Scheme?
There are some exemptions from the Scheme. These relate to low-value building work, the construction of single-dwelling houses and building work undertaken by a joint venture. Additionally, where Housing Australia provides funding for the purchase of completed dwellings, or for making completed dwellings available (that is, circumstances where the funding of other activities is not sufficiently connected to the building work), this will generally not constitute funding building work under the Scheme.
If your project is covered by any of the exemptions* described below, there is no requirement for an accredited head contractor builder to be engaged to undertake the building work.
*The term ‘exemption’ refers to both circumstances that are explicitly exempted from the Scheme under the Federal Safety Commissioner (Accreditation Scheme) Rules 2023 and circumstances that are not covered by the Scheme. Exemptions apply automatically for each listed scenario. You do not need to apply for or seek approval from the OFSC for an exemption. If you are unsure if an exemption applies to your project please contact the OFSC at ofsc@dewr.gov.au.
The links below provide a detailed explanation of each exemption and examples of how each exemption could be applied.
EXEMPTION 1 – Building work valued at below the Scheme funding thresholds
EXEMPTION 2 – Single dwelling houses
EXEMPTION 3 – Joint venture arrangements
EXEMPTION 4 – No Scheme coverage where the ultimate outcome of the funding does NOT involve building work
Further assistance
To speak to an OFSC representative please call the OFSC Assist Line 1800 652 500, or email ofsc@dewr.gov.au.