Western Australian Current Acts Western Australian Current Acts (1) In this section
—
responsible adjudicator means —
(a) in
the case of a HBWC complaint that has not been referred to the State
Administrative Tribunal, the Building Commissioner;
(b) in
the case of a HBWC complaint that has been referred to the State
Administrative Tribunal, the Tribunal.
(2) At any time before
a HBWC remedy order is made in respect of a HBWC complaint, the responsible
adjudicator may, if the responsible adjudicator considers it just and
expedient to do so, order an amount of money to be paid to the responsible
adjudicator by either the owner or the builder or by both of them.
(3) An order is not to
be made under subsection (2) against an owner or builder merely on account of
the poor financial position of that party.
(4) A responsible
adjudicator may, at any time before a HBWC remedy order is made in respect of
a HBWC complaint, vary or cancel an order made under subsection (2) in
relation to the matter.
(5) Any amount paid to
a responsible adjudicator under this section must be credited to the Building
Services Account.
(6) On the making of a
HBWC remedy order the responsible adjudicator making the order must make an
order as to payment of any amount credited to the Building Services Account
under this section in relation to the HBWC complaint in respect of which the
HBWC remedy order is made.
(7) Any amount
credited to the Building Services Account under this section must be paid from
the Account in accordance with the order of a responsible adjudicator.
(8) If a party fails
to comply with an order made under subsection (2) a responsible adjudicator
may determine the HBWC complaint adversely to the party that has failed to
comply and make any appropriate orders.