Terms of Reference

The scale and incidence of insolvency in the Australian construction industry, including:

  1. the amount of money lost by secured and unsecured creditors in the construction industry and related insolvencies, including but not limited to: 
    1. employees, 
    2. contractors and sub-contractors, 
    3. suppliers, 
    4. developers, 
    5. governments, and 
    6. any other industry participants or parties associated with the Australian construction industry;
     
  2. the effects, including the economic and social effects, of construction industry insolvencies, having particular regard to the classes of creditors in paragraph (a);
  3.  
  4. the causes of construction industry insolvencies;
  5.  
  6. the incidence of 'phoenix companies' in the construction industry, their operation, their effects and the adequacy of the current law and regulatory framework to curb the practice of 'phoenixing';
  7.  
  8. the impact of insolvency in the construction industry on productivity in the industry;
  9.  
  10. the incidence and nature of criminal and civil misconduct related to construction industry insolvencies, having particular regard to breaches of the Corporations Law both prior to and after companies enter external administration and/or liquidation;
  11.  
  12. the current extent and future potential for the amount of unpaid debt in the industry to attract non-construction industry participants to the industry for the purposes of debt collecting and related activities and the extent of anti-social and unlawful conduct related to debt collecting and related activities;
  13.  
  14. the adequacy of the current law and regulatory framework to reduce the level of insolvency in the construction industry; and
  15.  
  16. any other relevant matter.

Committee Secretariat contact:

Senate Standing Committees on Economics
PO Box 6100
Parliament House
Canberra ACT 2600

Phone: +61 2 6277 3540
Fax: +61 2 6277 5719
economics.sen@aph.gov.au

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