BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011
Table of Provisions
PART 1 -- Preliminary
PART 2 -- Complaints and conciliation
Division 1 -- Complaints about the carrying out of regulated building services or home building work contract matters
- 5 Making complaint about building service or home building work contract matter
- 6 Time limit for complaint
- 7 Preliminary decision by Building Commissioner
- 8 Further information and verification
- 9 Investigation
- 10 Report on complaint
- 11 Action after report
- 12 Building Commissioner not party to proceeding before State Administrative Tribunal
- 13 Withdrawal of complaint
Division 2 -- Complaints about disciplinary matters
- 14 Application of this Division
- 15 Making complaint about disciplinary matter
- 16 Preliminary decision by Building Commissioner
- 17 Building Commissioner may deal with matter as if it were subject of disciplinary complaint
- 18 Further information and verification
- 19 Action in respect of accepted disciplinary complaint
- 20 Report on complaint
- 21 Action after report
- 22 Withdrawal of complaint
Division 3 -- Conciliation
- 23 Role of conciliator
- 24 Parties to conciliation proceeding
- 25 Attendance at conciliation proceeding
- 26 Representation at conciliation proceeding
- 27 Building Commissioner may make orders to give effect to agreement
- 28 Evidence of certain things inadmissible
- 29 Action if conciliation fails
PART 3 -- Orders
Division 1 -- Interim Orders
- 30 Interim building service order
- 31 Interim disciplinary order
- 32 Effect of interim order
- 33 Revocation or variation of interim order
- 34 Jurisdiction of State Administrative Tribunal
- 35 Publication of interim order
Division 2 -- Building remedy orders
- 36 Building remedy order
- 37 Building remedy order by Building Commissioner
- 38 How State Administrative Tribunal may deal with building service complaint
- 39 Order for payment before building remedy order
- 40 Building remedy order does not prevent disciplinary action
Division 3 -- HBWC remedy orders
- 41 HBWC remedy orders
- 42 HBWC remedy order by Building Commissioner
- 43 How State Administrative Tribunal may deal with HBWC complaint
- 44 Order for payment before HBWC remedy order
- 45 HBWC remedy order does not prevent disciplinary action
Division 4 -- Procedure, costs and enforcement of orders
- 46 Procedure of Building Commissioner
- 47 Provision of information and documents to Building Commissioner
- 48 Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract
- 49 Costs and expenses
- 50 Enforcement of order requiring payment of money
- 51 Failure to comply with order to do work, new order
- 52 Enforcement of order other than monetary order or order to do work
- 53 Failure to comply with order, offence
- 54 Avoidance of concurrent proceedings
- 55 Transfer of proceeding
- 56 Effect on other remedies
Division 5 -- Review
- 57 Review by State Administrative Tribunal of orders given by Building Commissioner
- 58 State Administrative Tribunal internal review
PART 4 -- Inspections and investigations
Division 1 -- Preliminary
- 59 Terms used
Division 2 -- Authorised persons
- 60 Authorised persons
- 61 Identity cards
- 62 Production or display of identity card
- 63 Limitation on powers of authorised person
Division 3 -- Inspections
Division 4 -- Powers in relation to inspections and investigations
- 66 Entry powers
- 67 Powers after entry for compliance purposes or investigation
- 68 Obtaining information and documents
- 69 Use of force and assistance
- 70 Obstruction
- 71 Directions generally
Division 5 -- Entry warrants
PART 5 -- Remedying dangerous and other situations
- 76 Terms used
- 77 Dangerous situation, emergency remedial measures
- 78 Restricting access to dangerous situations
- 79 Recovering costs
- 80 Remediation notice
- 81 Building Commissioner may approve earlier or immediate compliance with remediation notice
- 82 Contravention of remediation notice, action by authorised person
- 83 Review by Building Commissioner
- 84 Review by State Administrative Tribunal
PART 6 -- Administration
- 85 Building Commissioner
- 86 Functions
- 87 Powers
- 88 Warning about unsatisfactory or dangerous services
- 89 Committees
- 90 Disclosure of material personal interest
- 91 Delegation
PART 7 -- Financial provisions
Division 1 -- Building Services Account
- 92 Building Services Account
Division 2 -- Building services levy
PART 8 -- Codes and standards
- 95 Terms used
- 96 Building Commissioner may develop and issue building service codes and standards
- 97 Codes and standards may refer to published documents
PART 9 -- General provisions
- 98 Incriminating information
- 99 Legal professional privilege
- 100 Protection from liability
- 101 Exchange of information
- 102 Protection for compliance with Act
- 103 Confidentiality
- 104 False or misleading information
- 105 Liability of officers for offence by body corporate
- 106 Prosecutions
- 107 Service of documents
- 108 Evidentiary matters
- 109 Regulations
- 110 Forms
- 111 Review of Act
PART 10 -- Consequential amendments and transitional provisions
Division 3 -- Transitional and savings provisions
- 132 Terms used
- 133 Transfer of jurisdiction
- 134 Current proceedings continued
- 135 Decisions and actions of former Tribunal
- 136 Construction of written laws and other instruments
- 137 Construction Contracts Act 2004 amendments, transitional provisions
- 138 Regulations for transitional matters Other notes Defined terms