BUILDING ACT 1993 - SECT 206 Appointment of State Building Surveyor

BUILDING ACT 1993 - SECT 206

    (1)     The Authority may, after obtaining the written approval of the Minister, appoint a natural person who is an employee of the Authority as the State Building Surveyor.

    (2)     The State Building Surveyor holds office on the terms and conditions determined by the Authority.

    (3)     The State Building Surveyor is eligible for reappointment.

    (4)     The State Building Surveyor must not engage in paid employment outside the office of the State Building Surveyor without the permission of the Authority.

    (5)     The Authority must not appoint as the State Building Surveyor a person who is—

        (a)     a Commissioner; or

S. 206(5)(ab) inserted by No. 11/2023 s. 24.

        (ab)     the Building Monitor; or

        (b)     the chief executive officer; or

        (c)     a member of the Building Appeals Board, the Building Regulations Advisory Committee or the Plumbing Advisory Council.

    (6)     The Authority may appoint, with the approval of the Minister, a natural person who is an employee of the Authority to act as the State Building Surveyor for a period of no more than 6 months during which—

        (a)     there is a vacancy in the office of the State Building Surveyor; or

        (b)     the State Building Surveyor is on leave or for any reason unable to perform their functions.

    (7)     A person appointed to act as the State Building Surveyor under subsection (6) may perform all the functions of the State Building Surveyor.

    (8)     The Authority may, with the Minister's approval, remove the person appointed as the State Building Surveyor or the acting State Building Surveyor from office if—

        (a)     the person refuses, neglects or fails to perform the functions or carry out the duties of the State Building Surveyor; or

        (b)     the person demonstrates inefficiency or misconduct in carrying out the functions of the State Building Surveyor; or

        (c)     the person is convicted of an indictable offence, or an offence which, if committed in Victoria, would be an indictable offence; or

        (d)     a ground for removal of the person under their contract of employment with the Authority is established.

    (9)     An act or decision of the State Building Surveyor is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the State Building Surveyor.

    (10)     Subsections (2), (3), (4), (5) and (9) apply to a person appointed as the acting State Building Surveyor as if that person were the State Building Surveyor.

S. 206A inserted by No. 11/2023 s. 14.