Victorian Current Acts

BUILDING ACT 1993 - SECT 208P

    (1)     The Building Monitor must prepare an annual Building Monitor Issues Report (the  Report ) within the first year of the Building Monitor's appointment and for every subsequent year of appointment in accordance with this section.

    (2)     During the preparation of the Report, the Building Monitor must—

        (a)     consult with the Minister about any proposed recommendations to be made to the Minister in the Report; and

        (b)     consult with any person or body involved or performing functions in the building system or in respect of which the Building Monitor proposes to make recommendations in relation to the person's or body's area of responsibility in the Report; and

        (c)     consult with domestic building affected parties, including by way of chairing the Building Monitor Reference Group.

    (3)     In the Report the Building Monitor—

        (a)     must specify the systemic issues that affect domestic building affected parties that have been identified by the Building Monitor; and

        (b)     may advise and make recommendations to the Minister on ways to address the issues that affect domestic building affected parties identified in the Report; and

        (c)     must specify—

              (i)     the methods and frequency of consultation with domestic building affected parties by the Building Monitor including by way of chairing the Building Monitor Reference Group; and

              (ii)     subject to sections 208L and  208M, the information or data relied on by the Building Monitor to inform the findings and any recommendations contained in the Report; and

        (d)     must include the following—

              (i)     a summary of the Building Monitor's findings stemming from research conducted by the Building Monitor;

              (ii)     when and to whom a notice under section 208K(1) was given and the type of information or data required under the notice;

              (iii)     whether the Building Monitor is a party to—

    (A)     any information sharing arrangement under section 259AB; or

    (B)     any other information or data collection or sharing arrangements or agreements;

              (iv)     details of progress made against the strategic plan referred to in Subdivision 4;

              (v)     a summary of all activities conducted by the Building Monitor for the purposes of performing the Building Monitor's functions under this Division, whether those activities have been completed or not.

    (4)     After preparing the Report the Building Monitor must—

        (a)     promptly publish the Report on the Building Monitor's website; and

        (b)     give a written notice to each person or body that is subject to a recommendation in the Report, to advise the person or body of that recommendation and the requirement under subsection (5) to respond to the Building Monitor within the required time.

    (5)     A person or body who receives a notice about a recommendation in the Report under subsection (4)(b) must provide a written response to the Building Monitor within 6 months after the publication of the Report stating—

        (a)     whether or not the person or body agrees with the recommendation; and

        (b)     if the person or body agrees with the recommendation, how and when the person or body intends to implement or support that recommendation.

Subdivision 8—Review of office of Building Monitor

S. 208Q inserted by No. 11/2023 s. 25.