News update: February 2026

Consultation summary

The consultation resulted in 15 contributions being received. The submissions highlighted support for new offences in relation to contractors undertaking or sub-contracting work where the person performing the work is not suitably qualified.

Feedback was fully or partially supportive of increasing expiation and penalty amounts from a consumer protection perspective. Some stakeholders noted this could lead to industry withdrawals or contractor challenges, and stressed that careful consideration is needed when using expiations to deter non-compliance.

Parliament amendments

Following consultation, the government has introduced and passed what is now the Statutes Amendment (Building and Construction Industry Review - Penalties) Act 2025 in State Parliament. It came into operation on 15 January 2026.

These reforms strengthen consumer protections, introduce new offences, expand enforcement options, and increase penalties in the building and construction industry. The penalty increases are considered to be proportionate with the financial risks to consumers, when building work contractors do not meet their legislative obligations. Despite the concerns raised, all compliance and enforcement activities are conducted fairly, proportionately, and appropriately, in line with the public interest.

Further reform

Further changes have been initiated as part of the broader Building and Construction Industry Review.

Read more updates on the Consumer and Business Services website at www.cbs.sa.gov.au/BCIchanges