Western Australian Current Acts

BUILDING SERVICES (COMPLAINT RESOLUTION AND ADMINISTRATION) ACT 2011 - SECT 16

16 .         Preliminary decision by Building Commissioner

        (1)         After receiving a disciplinary complaint the Building Commissioner must decide whether, and to what extent —

            (a)         to accept it; or

            (b)         to refuse to accept it.

        (2)         The Building Commissioner may make such inquiries as are appropriate to enable the making of a decision under this section.

        (3)         The Building Commissioner may refuse to accept a disciplinary complaint under subsection (1) if —

            (a)         the complaint is not made in accordance with this Act; or

            (b)         the complaint is made more than 6 years after the alleged occurrence of the disciplinary matter; or

            (c)         in the opinion of the Building Commissioner, the complaint is vexatious, misconceived, frivolous or without substance; or

            (d)         the matter complained about is the subject of another complaint under this Act; or

            (e)         an arbitrator or other person or a court or other body has made an order, judgment or other finding about the matter complained about; or

            (f)         the matter complained about has been the subject of a previous complaint to the Building Commissioner that has been refused.

        (4)         Except as provided in subsection (5), if an issue raised in a complaint has already been dealt with by the Building Commissioner, or a complaint about the issue has already been forwarded to the Building Services Board under this Act, the Building Commissioner may refuse to accept the complaint to the extent to which it relates to that issue.

        (5)         Subsection (4) does not operate to prevent an issue being dealt with both in relation to a complaint about a disciplinary matter and as a building service complaint or a HBWC complaint.