New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 49B

49B Secretary may make rectification order

(1) The Secretary may, by written order given to a contractor, require the contractor to take steps specified in the order to ensure that a defect in residential building work or damage is rectified (a
"rectification order" ) if satisfied that--

(a) the residential building work done by the contractor or on the contractor's behalf is defective, or

(b) the residential building work done by the contractor or on the contractor's behalf was or is being carried out in a way that could result in a defect, or

(c) the contractor or a person acting on the contractor's behalf has, in the course of doing residential building work, caused damage to a structure or work, or

(d) as a consequence of defective residential building work done by the contractor or on the contractor's behalf, a structure or work has been damaged.

(2) A rectification order--

(a) may specify conditions to be complied with by a specified person before the requirements of the order must be complied with, and

(b) may be made as a staged rectification order, being an order that specifies stages in which the requirements of the order must be complied with, and

(c) must specify a date by which the requirements of the order must be complied with, or a date by which the requirements of each stage of the order must be complied with for a staged rectification order, subject to another specified person's compliance with a condition referred to in paragraph (a).

(3) Before giving a rectification order, the Secretary must give the contractor written notice of the proposed order that sets out the following--

(a) the Secretary's intention to give the rectification order,

(b) details of the matters referred to in subsection (2) proposed to be included in the order,

(c) that written submissions may be made to the Secretary, within a period specified by the Secretary that is reasonable in the circumstances, about the giving of the rectification order and the matters referred to in subsection (2) proposed to be included in the order.

(4) The Secretary must consider written submissions made within the specified period.

(5) After the specified period has expired and the Secretary has considered the written submissions made by the contractor, if any, the Secretary may--

(a) give the rectification order, with or without modifications, or

(b) decide not to give the rectification order.

(6) It is a condition of every contractor licence that the contractor must comply with the requirements of a rectification order.