Western Australian Current Acts

BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Crown bound

   PART 2 -- Complaints and conciliation

           Division 1 -- Complaints about the carrying out of regulated building services or home building work contract matters  

   5.      Making complaint about building service or home building work contract matter
            
   6.      Time limit for complaint
            
   6A.     Building Commissioner may approve policies for dealing with certain complaints
            
   7.      Preliminary decision by Building Commissioner
            
   8.      Further information and verification
            
   9.      Investigation
            
   10.     Report on complaint
            
   11.     Action after report
            
   12.     Building Commissioner not party to proceeding before State Administrative Tribunal
            
   13.     Withdrawal of complaint

           Division 2 -- Complaints about disciplinary matters  

   14.     Application of this Division
            
   15.     Making complaint about disciplinary matter
            
   16.     Preliminary decision by Building Commissioner
            
   17.     Building Commissioner may deal with matter as if it were subject of disciplinary complaint
            
   18.     Further information and verification
            
   19.     Action in respect of accepted disciplinary complaint
            
   20.     Report on complaint
            
   21.     Action after report
            
   22.     Withdrawal of complaint

           Division 3 -- Conciliation  

   23.     Role of conciliator
            
   24.     Parties to conciliation proceeding
            
   25.     Attendance at conciliation proceeding
            
   26.     Representation at conciliation proceeding
            
   27.     Building Commissioner may make orders to give effect to agreement
            
   28.     Evidence of certain things inadmissible
            
   29.     Action if conciliation fails

   PART 3 -- Orders

           Division 1 -- Interim Orders  

   30.     Interim building service order
            
   31.     Interim disciplinary order
            
   32.     Effect of interim order
            
   33.     Revocation or variation of interim order
            
   34.     Jurisdiction of State Administrative Tribunal
            
   35.     Publication of interim order

           Division 2 -- Building remedy orders  

   36.     Building remedy order
            
   37.     Building remedy order by Building Commissioner
            
   38.     How State Administrative Tribunal may deal with building service complaint
            
   39.     Order for payment before building remedy order
            
   40.     Building remedy order does not prevent disciplinary action

           Division 3 -- HBWC remedy orders  

   41.     HBWC remedy orders
            
   42.     HBWC remedy order by Building Commissioner
            
   43.     How State Administrative Tribunal may deal with HBWC complaint
            
   44.     Order for payment before HBWC remedy order
            
   45.     HBWC remedy order does not prevent disciplinary action

           Division 4 -- Procedure, costs and enforcement of orders  

   46.     Procedure of Building Commissioner
            
   47.     Provision of information and documents to Building Commissioner
            
   48.     Joining of parties in HBWC complaint about unconscionable, harsh or oppressive conduct or contract
            
   49.     Costs and expenses
            
   50.     Enforcement of order requiring payment of money
            
   51.     Failure to comply with order to do work, new order
            
   52.     Enforcement of order other than monetary order or order to do work
            
   53.     Failure to comply with order, offence
            
   54.     Avoidance of concurrent proceedings
            
   55.     Transfer of proceeding
            
   56.     Effect on other remedies

           Division 5 -- Review  

   57.     Review by State Administrative Tribunal of orders given by Building Commissioner
            
   58.     State Administrative Tribunal internal review

   PART 4 -- Inspections and investigations

           Division 1 -- Preliminary  

   59.     Terms used

           Division 2 -- Authorised persons  

   60.     Authorised persons
            
   61.     Identity cards
            
   62.     Production or display of identity card
            
   63.     Limitation on powers of authorised person

           Division 3 -- Inspections  

   64.     Compliance inspections
            
   65.     General inspections

           Division 4 -- Powers in relation to inspections and investigations  

   66.     Entry powers
            
   67.     Powers after entry for compliance purposes or investigation
            
   68.     Obtaining information and documents
            
   69.     Use of force and assistance
            
   70.     Obstruction
            
   71.     Directions generally

           Division 5 -- Entry warrants  

   72.     Warrant to enter place
            
   73.     Issue of warrant
            
   74.     Effect of entry warrant
            
   75.     Execution of warrant

   PART 5 -- Remedying dangerous and other situations  

   76.     Terms used
            
   77.     Dangerous situation, emergency remedial measures
            
   78.     Restricting access to dangerous situations
            
   79.     Recovering costs
            
   80.     Remediation notice
            
   81.     Building Commissioner may approve earlier or immediate compliance with remediation notice
            
   82.     Contravention of remediation notice, action by authorised person
            
   83.     Review by Building Commissioner
            
   84.     Review by State Administrative Tribunal

   PART 6 -- Administration  

   85.     Building Commissioner
            
   86.     Functions
            
   87.     Powers
            
   88.     Warning about unsatisfactory or dangerous services
            
   89.     Committees
            
   90.     Disclosure of material personal interest
            
   91.     Delegation

   PART 7 -- Financial provisions

           Division 1 -- Building Services Account  

   92.     Building Services Account

           Division 2 -- Building services levy  

   93.     Terms used
            
   94.     Building services levy may be prescribed

   PART 8 -- Codes and standards  

   95.     Terms used
            
   96.     Building Commissioner may develop and issue building service codes and standards
            
   97.     Codes and standards may refer to published documents

   PART 9 -- General provisions  

   98.     Incriminating information
            
   99.     Legal professional privilege
            
   100.    Protection from liability
            
   101.    Exchange of information
            
   102.    Protection for compliance with Act
            
   103.    Confidentiality
            
   104.    False or misleading information
            
   105.    Liability of officers for offence by body corporate
            
   106.    Prosecutions
            
   107.    Service of documents
            
   108.    Evidentiary matters
            
   109.    Regulations
            
   110.     Forms
            
   111.    Review of Act

   PART 10 -- Consequential amendments and transitional provisions

           Division 3 -- Transitional and savings provisions  

   132.    Terms used
            
   133.    Transfer of jurisdiction
            
   134.    Current proceedings continued
            
   135.    Decisions and actions of former Tribunal
            
   136.    Construction of written laws and other instruments
            
   137.    Construction Contracts Act 2004 amendments, transitional provisions
            
   137A.   Transitional provisions for Building Services (Complaint Resolution and Administration) Amendment Act 2024
            
   138.    Regulations for transitional matters
            
           Other notes
           Defined terms