Building Services (Complaint Resolution and Administration) Act 2011 (WA)

Western Australia Building Services (Complaint Resolution and Administration) Act 2011 Western Australia Building Services (Complaint Resolution and Administration) Act 2011 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 1 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 1 6. Time limit for complaint 1 6A. Building Commissioner may approve policies for dealing with certain complaints 1 7. Preliminary decision by Building Commissioner 1 8. Further information and verification 1 9. Investigation 1 10. Report on complaint 1 11. Action after report 1 12. Building Commissioner not party to proceeding before State Administrative Tribunal 1 13. Withdrawal of complaint 1 Division 2 — Complaints about disciplinary matters 14. Application of this Division 1 15. Making complaint about disciplinary matter 1 16. Preliminary decision by Building Commissioner 1 17. Building Commissioner may deal with matter as if it were subject of disciplinary complaint 1 18. Further information and verification 1 19. Action in respect of accepted disciplinary complaint 1 20. Report on complaint 1 21. Action after report 1 22. Withdrawal of complaint 1 Division 3 — Conciliation 23. Role of conciliator 1 24. Parties to conciliation proceeding 1 25. Attendance at conciliation proceeding 1 26. Representation at conciliation proceeding 1 27. Building Commissioner may make orders to give effect to agreement 1 28. Evidence of certain things inadmissible 1 29. Action if conciliation fails 1 Part 3 — Orders Division 1 — Interim Orders 30. Interim building service order 1 31. Interim disciplinary order 1 32. Effect of interim order 1 33. Revocation or variation of interim order 1 34. Jurisdiction of State Administrative Tribunal 1 35. Publication of interim order 1 Division 2 — Building remedy orders 36. Building remedy order 1 37. Building remedy order by Building Commissioner 1 38. How State Administrative Tribunal may deal with building service complaint 1 39. Order for payment before building remedy order 1 40. Building remedy order does not prevent disciplinary action 1 Division 3 — HBWC remedy orders 41. HBWC remedy orders 1 42. HBWC remedy order by Building Commissioner 1 43. How State Administrative Tribunal may deal with HBWC complaint 1 44. Order for payment before HBWC remedy order 1 45. HBWC remedy order does not prevent disciplinary action 1 Division 4 — Procedure, costs and enforcement of orders 46. Procedure of Building Commissioner 1 47. Provision of information and documents to Building Commissioner 1 48. Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract 1 49. Costs and expenses 1 50. Enforcement of order requiring payment of money 1 51. Failure to comply with order to do work, new order 1 52. Enforcement of order other than monetary order or order to do work 1 53. Failure to comply with order, offence 1 54. Avoidance of concurrent proceedings 1 55. Transfer of proceeding 1 56. Effect on other remedies 1 Division 5 — Review 57. Review by State Administrative Tribunal of orders given by Building Commissioner 1 58. State Administrative Tribunal internal review 1 Part 4 — Inspections and investigations Division 1 — Preliminary 59. Terms used 1 Division 2 — Authorised persons 60. Authorised persons 1 61. Identity cards 1 62. Production or display of identity card 1 63. Limitation on powers of authorised person 1 Division 3 — Inspections 64. Compliance inspections 1 65. General inspections 1 Division 4 — Powers in relation to inspections and investigations 66. Entry powers 1 67. Powers after entry for compliance purposes or investigation 1 68. Obtaining information and documents 1 69. Use of force and assistance 1 70. Obstruction 1 71. Directions generally 1 Division 5 — Entry warrants 72. Warrant to enter place 1 73. Issue of warrant 1 74. Effect of entry warrant 1 75. Execution of warrant 1 Part 5 — Remedying dangerous and other situations 76. Terms used 1 77. Dangerous situation, emergency remedial measures 1 78. Restricting access to dangerous situations 1 79. Recovering costs 1 80. Remediation notice 1 81. Building Commissioner may approve earlier or immediate compliance with remediation notice 1 82. Contravention of remediation notice, action by authorised person 1 83. Review by Building Commissioner 1 84. Review by State Administrative Tribunal 1 Part 6 — Administration 85. Building Commissioner 1 86. Functions 1 87. Powers 1 88. Warning about unsatisfactory or dangerous services 1 89. Committees 1 90. Disclosure of material personal interest 1 91. Delegation 1 Part 7 — Financial provisions Division 1 — Building Services Account 92. Building Services Account 1 Division 2 — Building services levy 93. Terms used 1 94. Building services levy may be prescribed 1 Part 8 — Codes and standards 95. Terms used 1 96. Building Commissioner may develop and issue building service codes and standards 1 97. Codes and standards may refer to published documents 1 Part 9 — General provisions 98. Incriminating information 1 99. Legal professional privilege 1 100. Protection from liability 1 101. Exchange of information 1 102. Protection for compliance with Act 1 103. Confidentiality 1 104. False or misleading information 1 105. Liability of officers for offence by body corporate 1 106. Prosecutions 1 107. Service of documents 1 108. Evidentiary matters 1 109. Regulations 1 110. Forms 1 111. Review of Act 1 Part 10 — Consequential amendments and transitional provisions Division 3 — Transitional and savings provisions 132. Terms used 1 133. Transfer of jurisdiction 1 134. Current proceedings continued 1 135. Decisions and actions of former Tribunal 1 136. Construction of written laws and other instruments 1 137. Construction Contracts Act 2004 amendments, transitional provisions 1 137A. Transitional provisions for Building Services (Complaint Resolution and Administration) Amendment Act 2024 1 138. Regulations for transitional matters 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Building Services (Complaint Resolution and Administration) Act 2011 An Act to provide for the following — * a system for dealing with complaints about building services, home building work contract matters and disciplinary matters; * a public officer with functions relating to building services and complaints; * a levy in relation to certain authorisations for building services; * a system for ensuring compliance with laws about building services; * related matters.