DESIGN AND BUILDING PRACTITIONERS ACT 2020 - As at 12 October 2023 - Act 7 of 2020

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Definitions
• 4 Building work
• 5 Regulated designs
• 6 Building elements
• 7 Building practitioners
• 8 Compliance declarations

PART 2 - REGULATED DESIGNS AND BUILDING WORK

Division 1 - Obligations of design practitioners

• 9 Compliance declarations by registered design practitioners
• 10 Declarations by unregistered persons
• 11 Registered design practitioners to be indemnified

Division 2 - Obligations of principal design practitioners

• 12 Compliance declarations by registered principal design practitioners
• 13 Declarations by unregistered persons
• 14 Registered principal design practitioners to be indemnified

Division 3 - Obligations of building practitioners

• 15 Provision of relevant documents to Secretary
• 16 Notice of application for occupation certificate
• 17 Compliance declarations by registered building practitioners
• 18 Building practitioners must ensure compliance with declaration obligations
• 19 Designs and design compliance declarations to be obtained
• 20 Variations after building work commences
• 21 Requirements for building elements and performance solutions
• 22 Obligations relating to Building Code of Australia
• 23 Declarations by unregistered persons
• 24 Registered building practitioners to be indemnified

Division 4 - Miscellaneous

• 25 Compliance with Building Code of Australia
• 26 Requirements for compliance declarations before issue of building certificates
• 27 Principal certifier must consider compliance declarations
• 28 Provision of compliance declarations, and other obligations, of registered body corporates
• 29 Improper influence with respect to provision of declarations
• 30 Regulations relating to insurance requirements

PART 3 - ENGINEERING WORK AND SPECIALIST WORK

Division 1 - Professional engineering work

• 31 Professional engineering work
• 32 Professional engineering work only carried out by professional engineers
• 33 Registered professional engineers to be indemnified

Division 2 - Specialist work

• 34 Specialist work
• 35 Specialist work only carried out by registered specialist practitioner

PART 4 - DUTY OF CARE

• 36 Definitions
• 37 Extension of duty of care
• 38 Economic loss--owners corporations and associations
• 39 Duty must not be delegated
• 40 No contracting out of Part
• 41 Relationship with other duties of care and law

PART 5 - REGISTRATION OF PRACTITIONERS

Division 1 - Applications for registration

• 42 Classes of registration
• 43 Application for registration
• 44 Secretary may obtain information from third parties
• 45 Determination of applications
• 46 Grounds for opinion that a person is not a suitable person to carry out work
• 47 Requirements for registration
• 48 Duration of registration
• 49 Conditions of registration
• 50 Particular conditions
• 51 Condition requiring provision of information to the Secretary

Division 2 - Variation, suspension or cancellation of registration

• 52 Variation, suspension or cancellation of registration generally
• 52A Variation of registration
• 53 Suspension or cancellation may be subject to conditions

Division 3 - Recognition as registered practitioner

• 54 Recognition procedure
• 55 Recognition of professional bodies for engineers
• 55A Review by Civil and Administrative Tribunal

Division 4 - Registration offences

• 56 Offence of contravening condition
• 57 Offence of lending certificate registration
• 58 False representations relating to practitioners
• 59 Return of cancelled, suspended or varied registration
• 60 Registered practitioner to notify Secretary of certain events

Division 5 - General

• 61 Registration not transferable
• 62 Voluntary surrender or suspension of registration
• 63 Review by Civil and Administrative Tribunal

PART 6 - DISCIPLINARY ACTION AGAINST PRACTITIONERS

• 64 Grounds for taking disciplinary action
• 65 Notice to show cause
• 66 Disciplinary action that may be taken by Secretary
• 67 Directors must report certain conduct
• 68 Review by Civil and Administrative Tribunal
• 69 Enforcement of monetary penalties and payment of costs
• 70 Liability for offences not affected

PART 7 - INVESTIGATIONS

Division 1 - Preliminary

• 71 Definitions
• 72 Purposes for which functions under Part may be exercised

Division 2 - Authorised officers

• 73 Appointment of authorised officers
• 74 Scope of authority
• 75 Identification

Division 3 - Information gathering powers

• 76 Exercise in conjunction with other powers
• 77 Powers of authorised officers to require information and records
• 78 Power of authorised officers to require answers
• 79 Recording of evidence

Division 4 - Entry to premises

• 80 Powers of authorised officers to enter premises
• 81 Entry into residential premises only with permission or warrant
• 82 Search warrants
• 83 Provision of assistance to authorised officers
• 84 Powers that may be exercised on premises

Division 5 - Miscellaneous

• 85 Taking possession of records to be used as evidence
• 86 Obstruction of authorised officers
• 87 Failure to comply with direction

PART 8 - ENFORCEMENT

Division 1 - Remedial actions

• 88 Undertakings
• 89 Stop work orders
• 90 Appeals against stop work orders
• 91 Applying for orders to restrain or remedy contraventions
• 92 Complaints, investigations and audits of practitioners

Division 2 - Offences

• 93 Proceedings for offences
• 94 Penalty notices
• 95 Offences by bodies corporate
• 96 Continuing offences
• 97 Onus of proof regarding reasonable excuse

PART 9 - MISCELLANEOUS

• 98 Practitioners registers
• 98A Register of orders and undertakings
• 99 Warning notices
• 100 Service of documents
• 101 Certificate evidence of certain matters
• 102 Personal liability
• 103 Disclosure and misuse of information
• 104 Exchange of information
• 105 Secretary may require information about insurance policies
• 106 Delegation
• 107 Regulations
• 108 Recovery of unpaid fees
• 109 Review of Act
• SCHEDULE 1
Schedule 2 (Repealed)