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DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 48O Reporting the results of an examination

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 48O

Reporting the results of an examination

    (1)     After conducting an examination of domestic building work, the assessor must give a report of the results of the examination to—

        (a)     each party to the dispute; and

        (b)     the chief dispute resolution officer.

S. 48O(2) amended by No. 47/2019 s. 17(1).

    (2)     The report must be in writing in a form approved by the chief dispute resolution officer.

    (3)     Subject to subsection (4), the assessor is not required to give a report under this section if—

        (a)     the examination was for the purposes of a conciliation conference; and

        (b)     a record of agreement was made as a result of the conciliation conference.

    (4)     The chief dispute resolution officer may direct an assessor to prepare a report under this section if the chief dispute resolution officer has been given notice under section 46G of non-compliance with an action required in a record of agreement.

    (5)     On being given a direction under subsection (4), the assessor must—

        (a)     prepare the report within the time required in the direction; and

        (b)     give a copy of the report, without delay, to—

              (i)     each party to the dispute; and

              (ii)     the chief dispute resolution officer.

    (6)     A party to a dispute may make a written submission to the chief dispute resolution officer in relation to a report within the prescribed period after the report is given to the party under this section.

S. 48O(6A) inserted by No. 47/2019 s. 17(2).

    (6A)     A written submission under subsection (6) must—

        (a)     be in a form approved by the chief dispute resolution officer; and

        (b)     relate to the reasons and findings contained in the assessor's report of the results of the examination.

    (7)     In this section—

"prescribed period" means the longer of—

        (a)     the period prescribed by the regulations (if any); or

        (b)     5 business days.

S. 48P inserted by No. 15/2016 s. 6.