Victorian Current Acts

BUILDING ACT 1993 - SECT 80D

    (1)     The Authority may direct a registered building surveyor that has employed or engaged a person to act as a private building surveyor (the employee building surveyor ) to transfer all functions under this Act or the building regulations being carried out by the employee building surveyor to—

        (a)     another private building surveyor employed or engaged by the registered building surveyor; or

        (b)     the registered building surveyor, if a natural person.

    (2)     The Authority may direct a registered building surveyor that has employed or engaged a person as a designated building surveyor to transfer all functions under this Act or the building regulations being carried out by the designated building surveyor to another designated building surveyor employed or engaged by the registered building surveyor.

    (3)     The Authority may give a direction under subsection (1) or (2) if—

        (a)     the registration of the employee building surveyor or designated building surveyor (as the case may be) has been suspended or cancelled; or

        (b)     the employee building surveyor or designated building surveyor (as the case may be)—

              (i)     has died; or

              (ii)     is in prison; or

S. 80D(3)(b)(iii) amended by No. 13/2019 s. 221(Sch. 1 item 5.1).

              (iii)     has become a represented person within the meaning of the Guardianship and Administration Act 2019 ; or

              (iv)     has become an insolvent under administration; or

              (v)     in the opinion of the Authority is incapable of carrying out the work because the building surveyor is mentally or physically infirm or for any other reason; or

              (vi)     in the opinion of the Authority has ceased to carry out the functions of a private building surveyor or a designated building surveyor (as the case may be).

    (4)     A direction given under subsection (1) or (2)—

        (a)     must be given in writing; and

        (b)     may specify a period within which the functions of the employee building surveyor or designated building surveyor (as the case may be) are to be transferred.

    (5)     A registered building surveyor must comply with a direction under subsection (1) or (2).

    (6)     If functions are transferred from an employee building surveyor or a designated building surveyor in accordance with a direction under subsection (1) or (2), the relevant registered building surveyor must notify—

        (a)     in the case of the transfer of the functions from a private building surveyor, the person who appointed the private building surveyor under section 76 to perform the functions; and

        (b)     in all other cases, the relevant council.

Pt 6 Div. 2 (Heading) inserted by No. 15/2016 s. 40.

Division 2—Termination of appointment with consent of Authority