This review was released in April 2015 and updated in January 2023.
Since the first legal compliance review of the original Report Systems Australia Pty Ltd (RSA) forms to AS 3660.1-2000 was undertaken, the Australian Consumer Law (ACL) commenced operation.
This review outlines the main changes to the RSA paperwork following a further technical review and a legal compliance review in 2015.
The following documents were reviewed:
• The current Australian Standard, AS 3660.1:2014, Termite Management, Part 1: New Building Work
• The original RSA form, Subterranean Termite Management Systems Quotation & Agreement (new building work) – 1st August 2005
• The original RSA form, Subterranean Termite Management Systems Certificate of Installation - (new building work) - 1st August 2005
In respect of the ACL, there is now a consistent national law that is focused on:
(i) Consumer protection.
(ii) Fostering effective competition.
(iii) Enable the confident participation of consumers in which they and suppliers trade fairly.
The operational objectives of the law can be summarised as:
(a) To ensure consumers are well informed to benefit from and stimulate competition.
(b) To ensure goods and services are safe and fit for purpose.
(c) To prevent practices that are unfair.
(d) To meet the needs of people who are the most vulnerable and at the greatest disadvantage.
(e) To provide timely redress where consumer detriment occurs.
(f) To promote proportionate, risk-based enforcement.
This review primarily focused on revising the RSA 2005 forms to be consistent with AS 3660.1:2014 and the impact of the ACL on the structure of the forms.
The main changes made were:
1. Having regard to the unfair contracting controls in the ACL, the client agreement is now on the front page of the Quotation & Agreement form and is then supported by the quotation and terms.
2. The definition Termite Barrier has been replaced by “Termite Management System”.
3. The definitions ‘Inspection Zone’, ‘Bridging’ and ‘Breaching’ have been revised.
4. Due to the varied information required in the Certificate of Installation ‘Details of the termite management system(s) installed’, this section is now a free text field. When completing this section include the appropriate information as outlined in AS 3660.1:2014, Appendix A3.
5. There is now provision to list any Annexures to the Certificate of Installation. (For example, where a concrete slab has been used as a part of the termite management system, AS 3660.1:2014, Appendix A3 requires certification from the builder or concreter that the slab complies with AS 2870 or AS 3600).
Taking the above into consideration, the revised RSA forms are titled:
• Subterranean Termite Management Systems Quotation & Agreement (new building work) - 4th March 2015 and updated on 31st January 2023
• Subterranean Termite Management Systems Certificate of Installation - (new building work) - 4th March 2015 and updated on 31st January 2023
This review should be read in conjunction with the above revised forms.
When completing the RSA forms, in addition to other relevant laws, termite managers should now also consider how the ACL impacts on their business.
For a general briefing about this law see: https://consumer.gov.au/resources-and-guides
To better understand current work practices and associated obligations, it is strongly recommended that termite managers purchase a copy of the current AS 3660 series from Standards Australia.
Special attention should be given to changes regarding requirements to Chemical Termite Management Systems including AS 3660.1:2014, Clause 7.1.1 “Chemical termite management systems applied under concealed and inaccessible areas shall be replenishable via a reticulation system providing an even and continuous distribution of chemical into the soil.”