Tasmanian Numbered Acts

RESIDENTIAL BUILDING WORK CONTRACTS AND DISPUTE RESOLUTION ACT 2016 (NO. 32 OF 2016) - Act 32 of 2016 - Royal Assent 7 October 2016

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Act binds Crown

   PART 2 - Interpretation

   4.      Definitions
   5.      Meaning of residential building
   6.      Meaning of residential building work
   7.      Meaning of provisional sum
   8.      Certain contracts taken to be one contract

   PART 3 - Application

   9.      Application of Act
   10.     Exemptions from application of Act

   PART 4 - Functions and Powers of Director

   11.     Functions and powers of Director
   12.     Delegation

   PART 5 - Contracts

           Division 1 - Contracts generally

   13.     Contracts must be in writing
   14.     General contents of contracts
   15.     Contracts must be signed
   16.     Copy of contract for owner

           Division 2 - Variations of contracts

   17.     Variations must be in writing
   18.     General contents of variation document
   19.     Variation document must be signed
   20.     Copy of variation document for owner
   21.     Where variation requires consent by building surveyor or authorisation to be obtained

   PART 6 - Statutory Warranties in Contracts

           Division 1 - Statutory warranties for all residential building work contracts

   22.     Implied warranties
   23.     Suitability of materials
   24.     Compliance with legal requirements
   25.     Standard of work and exercise of care and skill

           Division 2 - Statutory warranties for particular contracts

   26.     Implied warranties
   27.     Adherence to plans and specifications
   28.     Suitability of residential building for occupation
   29.     Carrying out work with reasonable diligence
   30.     Calculation of provisional sums and prime cost items

           Division 3 - Effect of statutory warranties

   31.     Succession to statutory warranties
   32.     Proceedings for breach of statutory warranty

   PART 7 - Cooling-off Period

   33.     Right of owner to withdraw from contract in cooling-off period
   34.     Restrictions affecting right of withdrawal in cooling-off period
   35.     Right of owner to withdraw from contract if cooling-off warning not given
   36.     Withdrawal procedure
   37.     Rights and obligations of parties following withdrawal in cooling-off period
   38.     Rights of building contractor following withdrawal for failure to give warning

   PART 8 - Obligations of Building Contractor

   39.     Building contractor must give owner copy of residential building consumer guide
   40.     Building contractor to give commencement notice
   41.     Deposits
   42.     Progress payments
   43.     Building contractor to give notice of practical completion
   44.     Correction of minor defects and omissions

   PART 9 - Mediation

   45.     Interpretation of Part 9
   46.     Application of Part
   47.     Lodging of notice of dispute
   48.     Acceptance of notice of dispute lodged with Director
   49.     Establishment of mediation panel
   50.     Director may join parties to mediation of dispute
   51.     Panel to mediate dispute
   52.     Director may issue guidance materials
   53.     Where parties reach settlement within relevant period
   54.     Where parties fail to settle dispute within relevant period
   55.     Use of evidence obtained in the course of mediation

   PART 10 - Adjudication

           Division 1 - Introductory provisions

   56.     Interpretation of Part 10
   57.     When work taken to not be satisfactorily completed
   58.     Application of Part

           Division 2 - Work-completion claims

   59.     Work-completion claims
   60.     Contents of work-completion claims
   61.     Time limit for making work-completion claims

           Division 3 - Application for adjudication of work-completion claims

   62.     Application for adjudication of work-completion claim
   63.     Respondent may respond to application
   64.     Director to determine whether to accept or reject application
   65.     Withdrawal of application

           Division 4 - Inspections

   66.     Director may, on request of party, arrange for inspection of work
   67.     Conduct of inspection
   68.     Time to be given to enable consideration of inspection report

           Division 5 - Expert panels

   69.     Establishment of pool of experts
   70.     Appointment of expert panel
   71.     Conduct of adjudication proceedings
   72.     Expert panel may join parties to adjudication proceedings

           Division 6 - Determination of adjudication applications

   73.     Determination of adjudication application
   74.     Work-completion orders
   75.     Other orders or declarations
   76.     Orders relating to fees and expenses of expert panel
   77.     Compliance with orders

   PART 11 - Miscellaneous

   78.     Avoidance of requirements of Act
   79.     Infringement offences
   80.     Proceedings for offences
   81.     Director may approve residential building consumer guides
   82.     Guide to Standards and Tolerances
   83.     Remuneration of panel members
   84.     Members of panels disqualified if interested
   85.     Liability of Director and members of panels
   86.     Fees payable to Building Administration Fund
   87.     Regulations
   88.     Administration of Act
   89.     Savings and transitional
   90.     Consequential amendments
   91.     Legislation repealed
           SCHEDULE 1
           SCHEDULE 2