ACA QLD/NT submits response to Productivity Commission Inquiry

ACA QLD/NT has submitted a detailed supplementary response to the . Building on our May 2025 submission, this response addresses key issues raised in the Commission’s Interim Report and presents solutions-oriented recommendations to modernise Queensland’s construction sector.

Our submission emphasises that productivity improvements must align with public interest outcomes. By focusing on the often-under-recognised pre-construction phase – planning, scoping, design and documentation – we can address many downstream challenges before they reach the construction site.

OUR KEY RECOMMENDATIONS

Queensland Government Procurement Policies

Core Issue: Current procurement practices often prioritise lowest price over value for money, undermining the Queensland Procurement Policy’s six principles.

Our Recommendations:

  • Develop “Model Client” procurement guidelines with fair contract conditions and appropriate risk allocation
  • Establish an ongoing Industry Reference Group for government-industry dialogue
  • Focus on value-based selection rather than cost-only decisions
  • Address gaps in understanding specialised professional services roles

Expected Benefits: Fewer disputes, reduced project delays, better-designed projects, and improved public value through a collaborative procurement approach.

Pre-Qualification System Reform

Core Issue: Excessive duplication of information between PQC registration and individual tender submissions creates an administrative burden, particularly for SMEs and regional firms.

Our Recommendations:

  • Streamline PQC process by leveraging the existing database rather than requiring resubmission
  • Review and right-size PQC thresholds with regional considerations
  • Implement more flexible criteria, allowing alternative demonstrations of capability
  • Provide targeted support and training for SMEs in PQC processes

Impact: Broader participation, increased competition, stronger local industries, and reduced procedural costs.

Improving Tendering and Contracting

Digital Technologies

Barriers: Cultural resistance, lack of client mandates, skills gaps, and risk aversion to innovation.

Recommendations:

  • Mandate digital deliverables (BIM) for major projects by 2027
  • Weight tender evaluation to favour digital capability
  • Provide grants and training for digital skills development
  • Establish “Construction AI Challenge” for productivity solutions
Collaborative Contracting

Benefits: Innovation through early engagement, improved risk sharing, time savings, and better-quality outcomes.

Recommendations:

  • Expand the use of alliances and early contractor involvement for complex projects
  • Invest in building agency capability to manage collaborative contracts
  • Start with pilot projects to demonstrate effectiveness

Risk Management and Standard Contracts

Core Issue: Proliferation of bespoke contracts with onerous clauses undermines Professional Indemnity insurance market and increases costs.

Recommendations:

  • Mandate the use of standard form contracts (e.g., AS 4122-2010) without amendments
  • Implement proportionate liability principles
  • Cap consultant liability appropriately
  • Ensure visibility of subcontract terms to prevent unfair risk transfer

Project Bundling

Position: Selective use only, with careful consideration of market impact.

Guidelines:

  • Assess whether bundling reduces competition below acceptable levels
  • Consider regional impacts and SME participation
  • Allow joint ventures, but avoid mandating them
  • Monitor outcomes and adjust approach based on evidence

Agency Capacity

Core Issue: Erosion of public sector project management expertise leads to inconsistent practices.

Recommendations:

  • Develop central procurement guidance and Model Client principles
  • Invest in public sector skills development
  • Create an Industry Reference Group for ongoing support
  • Consider formal capability reviews of major procuring agencies

Performance vs Prescriptive Specifications

Position: Support shift towards performance-based specifications to encourage innovation.

Implementation:

  • Ensure performance criteria are clear and measurable
  • Build agency capability in verification and testing
  • Start with selective implementation (energy, acoustics, structural)
  • Explicitly invite alternative proposals that meet performance intent

Modern Methods of Construction

Expanded Focus: Beyond traditional MMC, emphasise the transformative potential of AI and digital technologies in design and project delivery.

Future Skills Roadmap (2025–2035+):
  • 2025–2028: AI literacy, prompt engineering, ethical oversight
  • 2028–2032: Strategic leadership, multi-scenario simulation management
  • 2032–2035+: AGI orchestration, cultural mediation, moral risk leadership

Key Actions:

  • Establish Queensland Architectural Future Skills Fund
  • Fund 200 architectural cadetships focused on AI-enabled practice
  • Require human sign-off on AI-generated designs for public projects
  • Create Built Environment Ethics Council for AI governance

IMPLEMENTATION STRATEGY

Immediate Actions (2025–2026)

  • Adopt Model Client procurement guidelines
  • Streamline PQC system
  • Pilot collaborative contracts on select projects
  • Launch digital skills training programs

Medium-term Goals (2026–2028)

  • Mandate standard contracts across government
  • Implement BIM requirements for major projects
  • Establish Industry Reference Group
  • Roll out AI integration support for SMEs

Long-term Vision (2028–2035+)

  • Position Queensland as national leader in construction innovation
  • Develop comprehensive AI governance framework
  • Achieve productivity gains while maintaining safety and quality standards

EXPECTED OUTCOMES

  • For Government: Better project outcomes at lower cost, reduced disputes and delays, enhanced reputation as preferred client
  • For Industry: Fairer risk allocation and contract terms, increased opportunities for SMEs and regional firms, investment in innovation and skills development
  • For Public: Higher quality infrastructure delivered more efficiently, stronger local construction industry, better value for taxpayer investment

The ACA QLD/NT stands ready to collaborate with the Commission and State Government to implement these reforms, supporting a more efficient, innovative and resilient construction industry for all Queenslanders.

 

Read our full submission here