HOME BUILDING ACT 1989 - As at 12 October 2023 - Act 147 of 1989
- As at 12 October 2023 - Act 147 of 1989Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Interpretation 3AA. (Repealed)
- 3A Application of provisions to developers
- 3B Date of completion of residential building work
- 3C Date of completion of new buildings in strata schemes
- 3D Application of provisions to specialist work
PART 2 - REGULATION OF RESIDENTIAL BUILDING WORK AND SPECIALIST WORK
Division 1 - Contracting for work
- 4 Unlicensed contracting
- 5 Seeking work by or for unlicensed person
- 6 Application of requirements for contracts
- 7 Form of contracts (other than small jobs)
- 7AAA Form of contracts (small jobs)
- 7AA Consumer information
- 7A Offence
- 7B Copy of contract
- 7BA Cooling-off period: person may rescind a contract for residential building work within 5 days without penalty
- 7BB Person may rescind a residential building work contract if cooling-off warning not given
- 7C Arbitration clause prohibited
- 7D Interests in land under contract
- 7E Terms of contracts
- 8 Maximum deposit for residential building work
- 8A Maximum progress payments (other than small jobs)
- 9 Exhibition homes
- 10 Enforceability of contracts and other rights
- 11 Other rights not affected
Division 1A - Additional requirements for certain contracts if certifier required
- 11A Application of Division
- 11B Consumer information--certifiers
- 11C Undue influence relating to appointment of certifiers
- 11D Terms of contract
- 11E Provisions not to apply where health or safety or property at risk
Division 2 - Restrictions on who may do certain work
- 12 Unlicensed work
- 13 Unqualified residential building work
- 14 Unqualified electrical wiring work
- 15 Unqualified refrigeration or air-conditioning work
- 15A Unqualified mechanical services and medical gas work
- 15B Unqualified medical gasfitting work
- 15C Unqualified medical gas technician work
- 16 Obligations of holders of contractor licences
PART 2A - REGULATION OF SUPPLY OF KIT HOMES
16A, 16B. (Repealed)- 16C Application of requirements for contracts
- 16D Form of contracts for kit homes
- 16DAA Consumer information
- 16DA Offence
- 16DB Copy of contract
- 16DBA Cooling-off period: person may rescind kit home contract within 5 days without penalty
- 16DBB Person may rescind kit home contract if cooling-off warning not given
- 16DC Arbitration clause prohibited
- 16DD Interests in land under contract
- 16DE Terms of contracts
- 16E Maximum deposit for kit home supply
- 16F Exhibition homes
- 16G Enforceability of contracts
- 16H Application of this Part
PART 2B - REPRESENTATIONS CONCERNING CONTRACTOR LICENCES OR CERTIFICATES
PART 2C - STATUTORY WARRANTIES
- 18A Time from when Part applies
- 18B Warranties as to residential building work
- 18BA Duties of person having benefit of statutory warranty
- 18C Warranties as to work by others
- 18D Extension of statutory warranties
- 18E Proceedings for breach of warranty
- 18F Defences
- 18G Warranties may not be excluded
PART 2D - (Repealed)
NonePART 3 - LICENCES AND CERTIFICATES
Division 1 - Contractor licences
- 19 Application to contractor licences of Licensing and Registration (Uniform Procedures) Act 2002
- 20 Issue of contractor licences
- 21 Authority conferred by contractor licences
- 22 Cancellation of contractor licences
- 22A Suspension of contractor licences--failure to insure
- 22B Suspension of contractor licences--appointment of controller or administrator
- 23 Warning notices
Division 2 - Supervision and tradesperson certificates
- 24 Application to tradesperson and supervisor certificates of Licensing and Registration (Uniform Procedures) Act 2002
- 25 Issue of certificates
- 26 Issue of endorsed contractor licences
- 27 Authority conferred by certificates
- 28 Authority conferred by endorsed contractor licences
Division 3 - Owner-builder permits
- 29 Definitions
- 30 Application to owner-builder permits of Licensing and Registration (Uniform Procedures) Act 2002
- 31 Issue of owner-builder permits
- 32 Authority conferred by owner-builder permits
- 32AA Unlicensed contracting
Division 3A - (Repealed)
NoneDivision 4 - Provisions relating to contractor licences, certificates and owner-builder permits
33. (Repealed)- 33A Disqualification from holding authorities
- 33B General requirements for issue of certain authorities
- 33C Additional requirements for obtaining contractor licences
- 33D Additional requirements for obtaining supervisor and tradesperson certificates
- 33E Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to mechanical services and medical gas work
- 33F Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to medical gasfitting work
- 33G Additional requirements for obtaining endorsed contractor licenses and supervisor and tradesperson certificates relating to medical gas technician work
- 33H Approved foreign qualifications
- 34 Updating of applications
- 35 Secretary may obtain information from third parties
- 36 Conditions of authorities
- 37 Restrictions on certain authorities
- 38 Provisional authorities
- 39 Time period for restoration of authorities
- 40 Renewal of authorities 41. (Repealed)
- 42 Term of duration of authority
- 42A Automatic suspension of licence for failure to comply with order to pay money in relation to building claim
- 43 Cancellation because of fraud etc
- 44 Return of cancelled or varied authority 45. (Repealed)
- 46 Transfer prohibited
- 46A Lending of authority prohibited
- 47 Production of authority
- 47A Appointment of person to co-ordinate or supervise work if authority suspended, cancelled or surrendered
- 48 Other laws not affected
PART 3A - RESOLVING BUILDING DISPUTES AND BUILDING CLAIMS
Division 1 - Definitions
Division 2 - Dealing with a building dispute
- 48B Definitions
- 48C Notification of building dispute
- 48D Investigation of dispute
- 48E Inspector may make rectification order
- 48F Effect of rectification order 48G-48HA. (Repealed)
Division 3 - Making an application for determination of a building claim
Division 4 - Jurisdiction in relation to building claims
- 48K Jurisdiction of Tribunal in relation to building claims
- 48L Tribunal to be chiefly responsible for resolving building claims
- 48M Jurisdiction in relation to actions against refusal of insurance claims
- 48MA Rectification of defective work is preferred outcome in proceedings
Division 5 - Powers of Tribunal
- 48N Tribunal may have regard to certain building reports
- 48O Powers of Tribunal
- 48P Power to adjourn proceedings where insurable event arises 48Q. (Repealed)
- 48R Order must include warning regarding non-compliance
- 48S Tribunal must inform Secretary of any order made
- 48T Secretary to be informed of compliance with order
- 48U Failure to inform of compliance
Division 6 - Miscellaneous
- 48V Requirement to notify Secretary of court order to pay money in relation to building claim
PART 4 - DISCIPLINARY PROCEEDINGS
Division 1 - Interpretation
49. (Repealed)- 50 Application of Part to former holders and others
- 51 Improper conduct: generally
- 52 Improper conduct: assisting others
- 53 Improper conduct: nominated supervisors
- 54 Improper conduct: members of partnerships or officers of corporations
Division 2 - Disciplinary action
- 55 Definition of "authority"
- 56 Grounds for taking disciplinary action against holder of a contractor licence 56A. (Repealed)
- 57 Grounds for taking disciplinary action against holder of a supervisor or tradesperson certificate
- 58 Complaints about holders of authorities
- 59 Dealing with complaints
- 60 Investigation by Secretary
- 61 Notice to show cause
- 61A Power to suspend authority when show cause notice served
- 62 Disciplinary action that may be taken by Secretary
- 63 Double jeopardy
- 64 Notice of decision
- 65 When disciplinary action becomes effective
- 66 Return of cancelled, suspended or varied authority
- 67 Enforcement of monetary penalties and payment of costs
- 68 Liability for offences not affected
- 69 Protection if complaint lodged Divisions 3-5 - (Repealed) None
PART 4A - ADMINISTRATIVE REVIEWS BY TRIBUNAL
- 83A Definition
- 83B Administrative reviews by Tribunal
PART 5 - JURISDICTION OF TRIBUNAL REGARDING APPEALS AND UNJUST CONTRACTS
Division 1 - Appeals
84. (Repealed)Division 2 - (Repealed)
NoneDivision 3 - Unjust contracts
- 89D Jurisdiction relating to unjust contracts
PART 6 - INSURANCE
Division 1 - Preliminary
89E-89G. (Repealed)- 90 Definitions
- 91 When Part applies
Division 2 - Insurance requirements
91A. (Repealed)- 92 Contract work must be insured
- 92A Notification of insurer 92B. (Repealed)
- 92C Operation of contract of insurance in relation to non-contracting owners 93-93B. (Repealed)
- 94 Effect of failure to insure residential building work 94A. (Repealed)
- 95 No insurance for owner-builder work
- 96 Insurance in relation to residential building work not carried out under contract
- 96A Obligations of developers in relation to insurance
- 96B Obligations of sellers of excluded dwellings (houses and units used for commercial purposes)
- 97 Exemptions from insurance requirements
- 98 Employees and others not required to insure
Division 3 - Insurance contracts and premiums
- 99 Requirements for insurance for residential building work done under contract
- 100 Requirements for insurance of work not done under contract
- 101 Deemed insolvency of contractor for insurance purposes
- 101A Claim form
- 102 General requirements for insurance
- 102A Register of insurance and other particulars
- 103 Requirements for professional indemnity and other insurance 103A-103AD. (Repealed)
- 103B Period of cover
- 103BA Time limits for policies issued between 1.5.1997 and 30.6.2002
- 103BB Time limits for policies issued from 1.7.2002
- 103BC Limits on claims
- 103BD Insurance Guidelines for the determination of premiums
- 103BE Premiums
- 103BF Filing of premiums
- 103BG Rejection of premiums by Authority
- 103C Regulations
- 103D Part may not be excluded
- 103E Exemption for work done for public sector agencies
- 103EA False or misleading applications for insurance
- 103EB False or misleading conduct by insurers and insurance intermediaries
Division 4 - Insurance Guidelines
- 103EC State Insurance Regulatory Authority may issue guidelines
- 103ED Insurance Guidelines--general provisions
- 103EE Regulations relating to Guidelines
Division 5 - Home Building Operational Fund
PART 6A - INSOLVENT INSURERS
Division 1 - Preliminary
- 103F Interpretation
- 103G Insolvent insurers
- 103H Transitional--payments made by State before commencement of this Part
Division 2 - Insurance claims indemnified by State
- 103I Indemnity
- 103J Enforcement of indemnity provided by State
- 103K Making claim under indemnity
- 103L Payment of claims
- 103M Assignment of rights
- 103N Claims administrator may require builder to make payments or rectification
- 103O Indemnity payments after insolvent insurer dissolved
- 103OA Home Building Insurers Guarantee Fund
- 103OB Contributions to Home Building Insurers Guarantee Fund
Division 3 - Administrative and financial matters relating to former approved insurers
- 103P Building Insurers' Guarantee Fund
- 103Q Constitution of Guarantee Corporation
- 103R Chief executive to manage affairs of Guarantee Corporation
Division 4 - Miscellaneous
- 103S Functions of claims administrators 103T. (Repealed)
- 103U Claims administrator may enter into agreements and arrangements with liquidator of an insolvent insurer
- 103V Recovery of amounts under contracts or arrangements for re-insurance or co-insurance
- 103W Liquidator to notify claims administrator of claims
- 103X Delivery of documents to claims administrator
- 103Y Inspection of documents by person authorised by Minister
- 103Z Claims administrator may take certain legal proceedings
- 103ZA Disputes regarding decisions of Guarantee Corporation
- 103ZB Recovery of amounts under guarantees or indemnities
- 103ZC Delegation
PART 6B - ALTERNATIVE INDEMNITY PRODUCTS
- 104 Alternative indemnity products
- 104A Approval of alternative indemnity products
- 104B Alternative indemnity product may be used instead of insurance
- 104C Regulation of alternative indemnity cover
- 104D Insolvent providers
- 104E Insurance Guidelines relating to alternative indemnity products
PART 6C - INSURERS AND PROVIDERS
Division 1 - Licences
- 105 Definition
- 105A Offence--unlicensed insurers and providers
- 105B Self Insurance Corporation taken to be licensed insurer
- 105C Applications for insurer licences
- 105D Applications for provider licences
- 105E Application requirements
- 105F Determination of application for licence
- 105G Duration of licences
- 105H Conditions of licences
- 105I Matters that may be regulated by conditions of licences
- 105J Matters not subject to conditions of licences
- 105K Assignment of licences
- 105L Suspension of licences
- 105M Imposition of civil penalty on or censure of licence holder
- 105N Cancellation of licences
- 105O Assignment of contracts of insurance following cancellation of licence and in other cases
- 105P Records and evidence relating to licences
- 105Q Administrative reviews of licensing decisions by Civil and Administrative Tribunal
- 105R Publication of information about licence holders
Division 2 - Supervision of licence holders
- 105S Business plans of licence holders
- 105T Re-insurance arrangements of licensed insurers
- 105U Investment of funds of licence holder
- 105V Accounts, returns and other records of licence holder
- 105W Audit of accounting and other records and performance audit
- 105X Information and documents to be supplied to Authority by licence holders and former holders
- 105Y Reports about licence holders
- 105Z Power of Supreme Court to deal with licence holders unable to meet liabilities
- 105ZA Notification to Authority of certain defaults in relation to licence holders
- 105ZB Proceedings for failure to comply with licence
PART 7 - ADDITIONAL FUNCTIONS OF SECRETARY
- 106 Functions of Secretary under Act 107-113. (Repealed)
- 114 Home Building Administration Fund
- 115 Secretary may make payments
- 115A Undertakings PARTS 7A, 7B - (Repealed) None
PART 8 - GENERAL
Division 1 - Inspections and reports
- 116 Inspections of and reports on dwellings
- 117 Applications
- 118 Rejection of applications
- 119 Liability for report
Division 1A - Premises affected by loose-fill asbestos insulation
- 119A Definitions
- 119B Register
- 119C Warning signs
Division 2 - Miscellaneous
- 120 Register
- 121 Disclosure of information
- 121A Secrecy of information obtained from or relating to insurers or proposed insurers
- 121B Information sharing
- 121C Data required to be supplied to Authority by licence holders
- 122 Delegation
- 123 Service of notices or other documents
- 123A Service of documents on Authority or claims administrator
- 124 Order for substituted service 125. (Repealed)
- 126 Power of entry
- 126A Search warrants
- 127 Power to obtain information
- 127A Power to request name and address of persons undertaking residential building work or specialist work
- 128 Obstruction of employees and others 129, 130. (Repealed)
- 131 Certificate evidence
- 132 State of mind of and conduct by directors, employees or agents
- 133 Evidence of publication
- 134 Aiding and abetting etc
- 135 Proceedings for certain offences under other Acts
- 136 Offence by employee--liability of employer
- 137 Offence by body corporate--general liability of directors etc
- 137A Liability of directors etc for specified offences by corporation--offences attracting executive liability
- 138 Supreme Court injunction
- 138A Penalty notices
- 139 Proceedings for offences
- 140 Regulations 141. (Repealed)
- 142 Savings and transitional provisions 143. (Repealed)
- 144 Exclusion of personal liability
- 145 Review of Act
- SCHEDULE 1
- SCHEDULE 2 Schedule 2A (Repealed)
- SCHEDULE 3
- SCHEDULE 4 Schedule 5 (Repealed)