Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 49

    (1)     The chief dispute resolution officer may issue a dispute resolution order to a builder or building owner who is a party to a domestic building work dispute if—

        (a)     the dispute was referred to the chief dispute resolution officer under Division 2 for conciliation; and

S. 49(1)(b) substituted by No. 47/2019 s. 18.

        (b)     the chief dispute resolution officer is satisfied that—

              (i)     the parties have not resolved the dispute; or

              (ii)     the parties have consented to the making of the dispute resolution order; and

        (c)     the dispute relates to one or more of the following—

              (i)     an alleged breach of a warranty set out in section 8;

              (ii)     an alleged failure to maintain the standard or quality of building work specified in a domestic building contract;

              (iii)     an alleged failure to complete the domestic building work required by a domestic building contract;

              (iv)     an alleged failure to complete the domestic building work required by a domestic building contract within the times specified in the contract;

              (v)     an alleged failure to pay money for domestic building work performed under the contract;

              (vi)     any other prescribed matter.

    (2)     If the chief dispute resolution officer receives a copy of an assessor's report under Division 5 in relation to a domestic building work dispute, the chief dispute resolution officer must not issue a dispute resolution order earlier than 10 business days after the last of the parties to the dispute is given a copy of the assessor's report in relation to that dispute.

    (3)     Despite subsection (1), the chief dispute resolution officer may issue a dispute resolution order even if a record of agreement exists in relation to the domestic building work dispute if the assessor's report states that there has been a contravention of—

        (a)     this Act or the regulations; or

        (b)     the Building Act 1993 or the regulations under that Act.

    (4)     Subject to subsections (5) and (6), a dispute resolution order takes effect immediately on being served on the person to whom it is issued.

    (5)     Subsection (4) does not apply to a dispute resolution order referred to in section 49D.

    (6)     If an application for review is made under section 63 within the period set out in that section, the dispute resolution order is stayed pending the outcome of the review.

S. 49A inserted by No. 15/2016 s. 6.