Victorian Consolidated Legislation

House Contracts Guarantee Act 1987 - SECT 16

Appeals

16. Appeals



(1) A person-





   (a)  whose claim to the approved guarantor or VMIA for loss or damage the
        approved guarantor or VMIA has decided to reject; or

   (b)  being a claimant, to whom the approved guarantor or VMIA has decided
        to make an offer with which the claimant is not satisfied; or

   (ba) being a builder, who is dissatisfied with a decision of the approved
        guarantor or VMIA not to reject a claim made for loss or damage on
        account of the failure of that builder to fulfil the builder's
        obligations under the domestic building work contract; or

   (c)  being a builder, who is dissatisfied with a decision of the approved
        guarantor or VMIA not to reject a claim made for loss or damage on
        account of a defect alleged to be caused by bad workmanship on the
        part of that builder; or

   (d)  being a builder, who is dissatisfied with a decision of the approved
        guarantor not to approve that builder in relation to a class of
        domestic building work; or

   (e)  being a builder, who is dissatisfied with a decision of the approved
        guarantor to revoke the approval of that builder in relation to a
        class of domestic building work; or

   (f)  being a supervisor, who is dissatisfied with a decision of the
        approved guarantor or VMIA not to reject a claim made for loss or
        damage on account of the failure of that supervisor to fulfil the
        supervisor's obligations under the supervision contract; or

   (g)  being a supervisor, who is dissatisfied with a decision of the
        approved guarantor not to approve that supervisor in relation to a
        class of domestic building work; or

   (h)  being a supervisor, who is dissatisfied with a decision of the
        approved guarantor to revoke the approval of that supervisor in
        relation to a class of domestic building work-

may, within 28 days after receiving notice from the approved guarantor or VMIA
of the decision, appeal to the Tribunal5.

(2) If, within 3 months after making a claim for loss or damage, a claimant
has not received notice from the approved guarantor or VMIA of its decision on
the claim-

   (a)  if that period ended before the appointed day, the approved guarantor
        is to be treated as having made, on the last day of that period, a
        decision to accept liability for the claim; and

   (b)  if the period ended on or after the appointed day, VMIA is to be
        treated as having made, on the last day of that period, a decision to
        accept liability for the claim.

(3) In calculating a period of time for the purposes of subsection (2), there
must not be included in the period any period during which legal proceedings
brought by the claimant against the builder or supervisor involving any matter
to which the claim relates had not been settled or determined.

(4) VMIA may make an offer in respect of a claim if-

   (a)  it has decided to accept a claim; or

   (b)  before the appointed day, the approved guarantor had decided to accept
        the claim.

(4A) Subsection (4) applies whether or not a builder has appealed under
subsection (1)(ba) or (c) or a supervisor has appealed under subsection (1)(f)
in respect of the decision.

(5) An appeal by a builder under subsection (1)(ba) or (c) or by a supervisor
under subsection (1)(f) is not affected by the making of an offer or any
payment made by the approved guarantor or VMIA in respect of the claim which
is the subject of the appeal6.

(6) If the Tribunal upholds an appeal by a builder under subsection (1)(ba) or
(c) or a supervisor under subsection (1)(f), VMIA7-

   (a)  is not entitled to recover any amount paid to the claimant under
        subsection (4); and

   (b)  despite anything to the contrary in this Act or any document or
        instrument, is not entitled to recover from the builder or supervisor
        any amount paid to the claimant under subsection (4) which exceeds the
        liability in respect of the claim determined on that appeal.

(7) If a builder or supervisor appeals to the Tribunal under subsection (1),
the claimant is a party to the appeal8.

(8) If a claimant appeals to the Tribunal under subsection (1), the builder or
supervisor concerned is a party to the appeal9.