Other Statutory and Legal Implications

State legislation can impose additional statutory requirements to those mentioned previously. This is mainly in the form of fair trading legislation relating to the home building industry. This legislation typically requires designers and builders to show a duty of care towards customers, and though this does not stipulate specific methods of termite management, standards may ultimately need to be higher than those in the BCA in order to satisfy expectations. For instance, the NSW Office of Fair Trading’s publication, ‘Protect Your Home From Termites’ (OFT 2003, page 4) requires protection of the whole house, not just primary structural elements. Queensland’s Building Services Authority is less specific but emphasises that homeowners must be made
aware of the limitations of solely protecting primary structural elements (QBSA 2001, page 15). Ultimately the choice is up to personal judgement, but most seem to choose whole of house options, and some include the use of termite resistant materials for primary structural elements as an additional precaution.

Local councils provide yet another impact on termite management requirements. Councils do not necessarily accept all systems, especially those perceived to adversely impact on the environment – this is sometimes the case where chemicals are
involved.

The National Registration Scheme for Agricultural and Veterinary Chemicals impacts via the Australian Pesticides and Veterinary Medicines Authority which evaluates the safety and performance of chemicals where used in barrier systems. It constantly monitors the market for compliance, and also stipulates the life expectancy of chemicals used in barriers, thus determining when reapplication is required.

Licensing of barrier installers may represent another statutory requirement depending on the state in question. Most states focus on licensing installers according to health and safety requirements for handling and installing chemicals. Licensing for quality of workmanship is less common. Queensland is one example where installers must have an operating licence issued by the  Building Services Authority. In this case, licensees must have attained prescribed competencies and carry professional indemnity insurance (QBSA 2001).

Aside from statutory requirements, contractual stipulations create obligations between the builder and customer. For instance, design documentation may make it necessary to comply with specific Australian Standards, or use specific termite management systems. Where this occurs, the first priority is to check that the specified system meets regulatory, statutory and site specific requirements. If not, the situation should be discussed to negotiate a more appropriate solution.