Abstract:

The construction industry in Australia has a range of regulatory bodies to oversee consumer protection and the distinct licenses that comprise their regimes. In the case of licensed builders and swimming pool builders, the licensing is currently managed under the auspices of individual state and territory Offices of Fair Trading. The introduction of the compulsory educational requirements and continuing professional development for licensing standards is geared towards the maximising of consumer protection and to maintain public confidence with the construction professional.
During the last 100 years, regulatory policy has been developed to exemplify the standards for social responsibility and ethical behaviour within the construction industry. Regulatory theory argues over the necessity for regulation. The Positive theories of regulation examine the reason and need for regulation whilst the Normative theories of regulation will generally include transparency, predictability and credibility for the regulatory system. With regards to the construction industry, the government is also interested in overcoming information asymmetries.
The purpose of this research paper is to examine and undertake a textual analysis of current and proposed educational occupational licensing, which includes legislation and policy instruments at the State and Commonwealth level for licensed builders and swimming pool builders. The research methodology in this paper utilises regulatory theory concepts to critique the application of the current educational regime and is complemented with data relating to consumer protection. It is argued that the purposes and objectives for compulsory education have not been achieved entirely within the regulatory theory concepts. The paper concludes with recommendations to the current system.

Keywords:

Builders, construction, consumer protection, education, licensing, regulatory theory.