DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 66 Application for review of decision to issue breach of dispute resolution order notice

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 66

    (1)     A builder may apply to VCAT for review of a decision of the chief dispute resolution officer to issue a breach of dispute resolution order notice under Part 4.

    (2)     An application under subsection (1) must be made within 20 business days after the later of—

        (a)     the day on which the applicant was served with a copy of the notice; or

        (b)     if under the Victorian Civil and Administrative Tribunal Act 1998 the applicant requests a statement of reasons, the day on which the applicant receives that statement of reasons or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

    (3)     An application under subsection (1) must be made on the ground that the assessment made in the assessor's report on which the notice was based that the dispute resolution order has not been complied with—

        (a)     was not correct; or

        (b)     is no longer correct because the dispute resolution order has since been complied with.

    (4)     In addition to the parties, the building owner may make submissions to the proceedings on the application for review in relation to—

        (a)     whether there has been a failure to comply with the dispute resolution order; and

        (b)     the nature of the failure to comply with the dispute resolution order.

    (5)     If an application for review is made under this section, any disciplinary action against the builder under the Building Act 1993 as a result of the failure to comply with the dispute resolution order is stayed pending the outcome of the review.

New s. 67 inserted by No. 15/2016 s. 9.