{"id":"building-resolution-of-residential-building-work-disputes-regulations-2012","name":"BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS 2012","slug":"building-resolution-of-residential-building-work-disputes-regulations-2012","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174347,"registerId":"nt-building-resolution-of-residential-building-work-disputes-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"BUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK DISPUTES) REGULATIONS 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nBUILDING (RESOLUTION OF RESIDENTIAL BUILDING WORK\nDISPUTES) REGULATIONS 2012\nAs in force at 30 March 2026\nTable of provisions\nChapter 1 Introduction\nPart 1.1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Application to public authority residential building work ................... 1\nPart 1.2 Interpretation\nDivision 1 Defined terms\n4 Definitions ........................................................................................ 1\nDivision 2 Important concepts\n5 Residential building work for mediation or conciliation\napplication ....................................................................................... 5\n6 Residential building work for other applications ............................... 5\n7 Effective period for consumer guarantees ....................................... 5\n8 Contravention of consumer guarantees........................................... 7\n9 Non-structural defects and structural defects .................................. 7\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about\nacceptance\nDivision 1 Procedures for mediation or conciliation\napplication\n10 Mediation or conciliation application ................................................ 8\n11 Making mediation or conciliation application.................................... 8\n12 Consideration of mediation or conciliation application and\nacceptance ...................................................................................... 9\n13 Decision to reject mediation or conciliation application.................... 9\n\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 ii\nDivision 2 Procedures for technical inspection\napplication\n14 Technical inspection application .................................................... 10\n15 Making technical inspection application ......................................... 10\n16 Consideration of technical inspection application and\nacceptance .................................................................................... 11\n17 Decision to reject technical inspection application ......................... 11\nDivision 3 Procedures for consumer guarantee dispute\napplication\n18 Specified circumstance for consumer guarantee dispute\napplication ..................................................................................... 11\n19 Making consumer guarantee dispute application........................... 12\n20 Decision whether to accept consumer guarantee dispute\napplication ..................................................................................... 13\n21 Decision to reject consumer guarantee dispute application ........... 14\nPart 2.2 Procedures for consumer guarantee\ndispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\n22 Assistance to locate respondent .................................................... 14\n23 Procedure after acceptance of application .................................... 15\n24 Response to application ................................................................ 16\n25 Procedure if response given .......................................................... 16\n26 Failure to give response ................................................................ 17\n27 Conducting proceeding .................................................................. 17\n28 Directions hearing.......................................................................... 18\n29 Conducting hearing ....................................................................... 18\n30 Evidence at hearing ....................................................................... 19\n31 Referrals to Tribunal ...................................................................... 19\nDivision 2 Making dispute decision\n32 Dispute decisions generally ........................................................... 20\n33 Orders relating to non-completion of work ..................................... 21\n34 Orders relating to defective work ................................................... 21\n35 Compliance period and order to notify compliance ........................ 21\n37 Publication of dispute decision ...................................................... 22\n38 No liability for publication of report in good faith ............................ 23\n\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 iii\nPart 2.3 Negotiated agreement process\nDivision 1 Preliminary conference\n39 Application of Division ................................................................... 23\n40 Procedure for mediation or conciliation application ....................... 23\n41 Facilitating preliminary conference for any application .................. 24\n42 Purpose of preliminary conference and role of convenor .............. 24\nDivision 2 Mediation conference and conciliation\nconference\n43 Facilitating mediation conference or conciliation conference ......... 25\n44 Purpose of mediation conference and role of convenor ................ 25\n45 Purpose of conciliation conference and role of convenor .............. 26\nDivision 3 General provisions\n46 Convenor for conference ............................................................... 26\n47 Attendance at conference .............................................................. 27\n48 Place for holding conference ......................................................... 27\n49 Conference not open to public ....................................................... 27\n50 Record of conference and outcomes ............................................. 28\n51 Effect of agreement and related decision ...................................... 28\n52 Effect if no agreement reached...................................................... 29\n53 Restriction on evidence ................................................................. 29\n54 Confidentiality ................................................................................ 29\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical\ninspection\n55 Appointment of qualified person .................................................... 29\n56 Entry to conduct technical inspection and presence of parties ...... 30\n57 Conducting technical inspection .................................................... 31\n58 Additional defective work found during technical inspection .......... 32\n59 Obtaining additional expert investigation and report ...................... 32\n60 Notice to building certifier .............................................................. 33\n61 Offences relating to technical inspection ....................................... 33\nDivision 2 Technical report by qualified person\n62 Giving technical report to Commissioner ....................................... 33\n63 Giving technical report and notice to parties .................................. 34\n64 Technical inspection application other than for consumer\nguarantee dispute application ........................................................ 35\n65 Technical inspection application made for consumer\nguarantee dispute application ........................................................ 35\n\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 iv\nPart 2.5 General procedures for all applications\n66 Lodgment and fees ........................................................................ 36\n67 General conduct of proceeding...................................................... 36\n68 Representation of party ................................................................. 36\n69 Power to amend where defect or error in form .............................. 37\n70 Effect of non-compliance with procedures ..................................... 37\n71 Withdrawal of application ............................................................... 37\n72 Costs ............................................................................................. 37\n73 Contempt ....................................................................................... 38\nChapter 3 Proceedings before Tribunal\nPart 3.1 Reviews of Commissioner's decisions\n74 Reviewable decision and affected person ..................................... 38\nPart 3.3 Referrals to Tribunal by Commissioner\n85 Questions of law ............................................................................ 38\n86 Complex proceedings .................................................................... 39\n87 Appeal to Supreme Court .............................................................. 39\nChapter 4 Enforcement of decisions and\nconsequences of contraventions\nPart 4.1 Enforcement of decisions\n88 Enforcement of order to pay money .............................................. 39\n89 Application to Local Court for enforcement of other orders ........... 40\nPart 4.2 Consequences of contraventions\n90 Failure to give notice about compliance ........................................ 40\n91 Offence to give false or misleading information in notice about\ncompliance .................................................................................... 40\n92 Disciplinary action for specified contravention of dispute\ndecision ......................................................................................... 41\n93 Other disciplinary action for contravention of dispute decision ...... 41\n94 Disciplinary action for contravention of Tribunal's decision............ 41\n95 Offence to contravene order of decision maker ............................. 42\nChapter 5 Miscellaneous matters\n96 Protection from liability .................................................................. 42\n97 Records of applications ................................................................. 43\n98 Commissioner to give notice of contraventions by builder ............. 43\n\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 v\nChapter 6 Transitional matters for Northern Territory\nCivil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n99 Definitions ...................................................................................... 43\n100 Review of or appeal against Commissioner's decision notified\nbefore commencement .................................................................. 44\n101 Commissioner's decision made after commencement................... 45\n102 Referrals to former Tribunal ........................................................... 45\nSchedule 1 Prescribed fees for applications\nSchedule 2 Reviewable decisions and affected\npersons\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 March 2026\n____________________\nBUILDING (RESOLUTION OF RESIDENTIAL WORK DISPUTES)\nREGULATIONS 2012\nRegulations under the Building Act 1993\nChapter 1 Introduction\nPart 1.1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Building (Resolution of\nResidential Building Work Disputes) Regulations 2012.\n2 Commencement\nThese Regulations commence on the commencement of the\nBuilding Amendment (Residential Building Consumer Protection)\nAct 2012.\n3 Application to public authority residential building work\nPrescribed residential building work carried out, or to be carried out,\nin relation to a residential building owned by Defence Housing\nAustralia is exempt from the operation of section 54A(2) of the Act.\nNote for regulation 3\nThe effect of this regulation is that a person may make an application under\nthese Regulations in relation to such residential building work.\nPart 1.2 Interpretation\nDivision 1 Defined terms\n4 Definitions\nIn these Regulations:\naffected person, for a reviewable decision, see regulation 74(2).\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 1 Defined terms\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 2\nalleged contravention, in relation to an application, means the\ncontravention of a consumer guarantee specified in the application.\nalleged defect, in relation to a consumer guarantee dispute\napplication or a technical inspection application, means the\nnon-structural defect or structural defect, specified in the\napplication.\nalleged defective work, in relation to a consumer guarantee\ndispute application or technical inspection application, means the\nresidential building work to which the application relates.\napplication means one of the following:\n(a) a consumer guarantee dispute application;\n(b) a mediation or conciliation application;\n(c) a technical inspection application.\nbuilder means a residential builder.\nbusiness day means a day other than a Saturday, Sunday or\npublic holiday.\ncompensation does not include damages as defined in section 3\nof the Proportionate Liability Act 2005.\ncompliance period, for a dispute decision, see regulation 35(2).\nconciliation conference means a conciliation conference under\nPart 2.3, Division 2.\nconference means a preliminary conference, mediation conference\nor conciliation conference.\nconsumer guarantee dispute application means an application\nmade to the Commissioner under section 54FC of the Act.\ncontract means a residential building contract.\ncontravention, of a consumer guarantee, see regulation 8(1).\nconvenor, for a conference, see regulation 46(1).\ncurrent owner, of land or a residential building, means a current\nowner mentioned in section 54AD(a) or (b) of the Act.\ndecision maker, for Chapter 4, means the Commissioner or\nTribunal.\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 1 Defined terms\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 3\nDefence Housing Australia means the body (however named)\nunder the Defence Housing Australia Act 1987 (Cth) on which is\nconferred the function of providing housing for, and related services\nto, members of the Defence Force.\ndispute decision, see regulation 32(1).\neffective period, for a consumer guarantee, see regulation 7(1).\nlegally qualified person includes a person:\n(a) who is, or has been, a lawyer or legal practitioner; or\n(b) who has the qualifications to be enrolled as a lawyer or legal\npractitioner in the Territory.\nmediation conference means a mediation conference under\nPart 2.3, Division 2.\nmediation or conciliation application, see regulation 10.\nnegotiated agreement process means the process under\nPart 2.3.\nnon-completion, of residential building work, is the failure of a\nbuilder to complete the work under the residential contract relating\nto the work.\nnon-structural defect, in relation to a residential building, see\nregulation 9(1).\nnotice means a written notice.\nparty means a party to an application.\npreliminary conference means a conference under Part 2.3,\nDivision 1.\nprescribed fee means a fee prescribed under regulation 66(3).\nproceeding means a proceeding started by an application.\nqualified person, see regulation 55(2)(a).\nrelevant application, for Part 2.4, means a technical inspection\napplication mentioned in regulation 55(1).\nresidential building, see regulation 5(3).\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 1 Defined terms\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 4\nresidential building work, in relation to:\n(a) a mediation or conciliation application – see regulation 5(1);\nand\n(b) a technical inspection application or a consumer guarantee\ndispute application – see regulation 6(2).\nrespondent means:\n(a) in a consumer guarantee dispute application – the builder\nspecified in the application; or\n(b) in a mediation or conciliation application or technical\ninspection application:\n(i) if the application is made by the current owner of a\nresidential building – the residential builder specified in\nthe application; or\n(ii) if the application is made by a residential builder – the\ncurrent owner of the residential building specified in the\napplication.\nresponse, in relation to a consumer guarantee dispute application,\nmeans the response mentioned in regulation 24.\nreviewable decision, see regulation 74(1).\nspecified circumstance, for a consumer guarantee dispute\napplication, see regulation 18(1).\nstructural defect, in relation to a residential building, see\nregulation 9(2).\ntechnical inspection means a technical inspection of alleged\ndefective work as mentioned in section 54FB(4) of the Act.\ntechnical inspection application, see regulation 14.\ntechnical report means a report following a technical inspection as\nmentioned in section 54FB(4) of the Act.\nwork means residential building work.\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 2 Important concepts\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 5\nDivision 2 Important concepts\n5 Residential building work for mediation or conciliation\napplication\n(1) For section 54AB(1) of the Act, this regulation prescribes the\nbuilding work in relation to which a mediation or conciliation\napplication may be made (the residential building work).\n(2) The residential building work is building work, of any value, in\nconnection with the construction of a residential building.\n(3) A residential building is any of the following:\n(a) a Class 1a building;\n(b) a Class 2 building;\n(c) a Class 10 building.\n(4) However, the residential building work does not include any work\nthat does not require a building permit.\n(5) A reference in this regulation to a residential building of a particular\nClass is a reference to a building of that Class as specified under\nthe classification of buildings in the Building Code as defined in\nregulation 2(1) of the Building Regulations 1993.\n6 Residential building work for other applications\n(1) For section 54AB(1) of the Act, this regulation prescribes the\nbuilding work (the residential building work) in relation to which\neither of the following applications may be made:\n(a) a technical inspection application;\n(b) a consumer guarantee dispute application.\n(2) The residential building work is building work to which an\nauthorised RBI policy or fidelity certificate applies.\n7 Effective period for consumer guarantees\n(1) For section 54B(2) of the Act, this regulation prescribes the\neffective period for the consumer guarantees (the effective period)\nduring which a current owner mentioned in section 54BB may make\na consumer guarantee dispute application.\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 2 Important concepts\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 6\n(2) The effective period for a contravention of a consumer guarantee\nresulting in the non-completion of residential building work under a\ncontract is the period:\n(a) that starts:\n(i) if the builder has started to carry out the work – on the\nday the builder completely ceases to do so; or\n(ii) if the builder has not started to carry out the work and\nthe contract specifies a starting date – on the specified\nstarting date; or\n(iii) if the builder has not started to carry out the work and\nthe contract does not specify a starting date – on the\ndate the contract was entered into; and\n(b) that ends 90 days after the relevant day or date mentioned in\nparagraph (a).\n(3) The effective period for a contravention of a consumer guarantee\nresulting in defective residential building work is the total of the\nfollowing 2 periods:\n(a) the construction period mentioned in subregulations (4)\nand (5);\n(b) the defect period mentioned in subregulations (6) and (7).\n(4) Subject to subregulation (5), the construction period is the period:\n(a) that starts:\n(i) if there is a contract for the residential building work – on\nthe day the contract is entered into; or\n(ii) if there is no contract for the work – on the day the\nbuilding permit is granted for the work; and\n(b) that ends:\n(i) if occupancy certification is required for the work – on\nthe day an occupancy permit or certificate of substantial\ncompliance is granted for the work; or\n(ii) if occupancy certification is not required for the work –\non the day the builder has made all the declarations\nrequired under the Act in relation to the work.\n\nChapter 1 Introduction\nPart 1.2 Interpretation\nDivision 2 Important concepts\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 7\n(5) If the work mentioned in subregulation (4) is not fully completed\nbefore the day the building permit expires, the construction period\nends on that day.\n(6) The defect period starts immediately after the last day of the\nconstruction period and, subject to subregulation (7), continues for\nthe following period:\n(a) for alleged defective work resulting in a non-structural defect –\n1 year;\n(b) for alleged defective work resulting in a structural defect –\n6 years.\n(7) If the current owner becomes aware of the alleged defective work\nwithin 30 days before the end of the defect period, the defect period\nis extended for 30 days after the day on which the owner became\naware of the defect.\n8 Contravention of consumer guarantees\nA contravention of the consumer guarantees by a builder occurs if\nthe builder contravenes a consumer guarantee in relation to\nresidential building work the builder:\n(a) has agreed to carry out; or\n(b) is carrying out; or\n(c) has carried out.\n9 Non-structural defects and structural defects\n(1) A non-structural defect, in a residential building, is a defect in a\nnon-structural element of the building as a result of defective\nresidential building work.\n(2) A structural defect, in a residential building:\n(a) is a defect in a structural element of the building as a result of\ndefective residential building work; or\n(b) is a defect, as a result of defective residential building work,\nthat is reasonably likely to cause a defect in a structural\nelement of the building.\nExample for subregulation (2)(b)\nA waterproof membrane attached to a wall or floor of a bathroom.\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 1 Procedures for mediation or conciliation application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 8\n(3) In this regulation:\nnon-structural element, of a residential building, means a\ncomponent of the building that is not a structural element.\nstructural element, of a residential building, means:\n(a) a load-bearing component of the building (whether internal or\nexternal) that is essential to the stability of the building or part\nof the building; or\n(b) a component (including weatherproofing) forming part of the\nexternal walls or roof of the building.\nExamples for paragraph (a)\nA foundation, floor, wall, roof, column or beam.\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about\nacceptance\nDivision 1 Procedures for mediation or conciliation\napplication\n10 Mediation or conciliation application\nA mediation or conciliation application is an application to the\nCommissioner that:\n(a) relates to any of the residential building work prescribed by\nregulation 5(2) and a dispute about that work between:\n(i) the current owner of the land or residential building to\nwhich the application relates; and\n(ii) the residential builder in relation to the work; and\n(b) is made by either the owner or the builder; and\n(c) requests the Commissioner to facilitate a negotiated\nagreement process between the owner and builder.\n11 Making mediation or conciliation application\n(1) A mediation or conciliation application must be in the approved\nform.\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 1 Procedures for mediation or conciliation application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 9\n(2) The application must include the following:\n(a) the name and contact details of the applicant;\n(b) the name and contact details of the respondent;\n(c) the location of the land or residential building and a concise\ndescription of the residential building work to which the\napplication relates;\n(d) a concise description of the dispute between the parties to the\napplication;\n(e) all other information the approved form requires.\n12 Consideration of mediation or conciliation application and\nacceptance\n(1) Within 10 business days after a mediation or conciliation application\nis made, or as soon as is reasonably practicable after that time, the\nCommissioner must decide whether to accept the application.\n(2) The Commissioner may accept the application only if satisfied:\n(a) the application relates to residential building work prescribed\nby regulation 5(1); and\n(b) the parties to the application are the current owner and\nresidential builder in relation to the work; and\n(c) the prescribed fee for the application has been paid.\n(3) If there is insufficient information for the Commissioner to be\nsatisfied about the matters mentioned in subregulation (2), the\nCommissioner may give the applicant a notice specifying:\n(a) the further information required; and\n(b) a reasonable time within which the information must be given.\n(4) If the Commissioner decides to accept the application, the\nCommissioner must follow the relevant procedures specified in\nregulation 40.\n13 Decision to reject mediation or conciliation application\nThe Commissioner may decide to reject a mediation or conciliation\napplication.\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 2 Procedures for technical inspection application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 10\nDivision 2 Procedures for technical inspection application\n14 Technical inspection application\nA technical inspection application is an application to the\nCommissioner under section 54FB(3) of the Act that:\n(a) relates to any of the residential building work prescribed by\nregulation 6(2) that is alleged to be defective work; and\n(b) is made by either the current owner or builder in relation to the\nwork; and\n(c) requests the Commissioner to appoint a qualified person in\nrelation to the alleged defective work.\n15 Making technical inspection application\n(1) A technical inspection application must be:\n(a) in the approved form; and\n(b) made within the effective period for the consumer guarantee\nrelevant to the alleged defective work described in the\napplication; and\n(c) accompanied by the prescribed fee for the application.\n(2) The application must include the following:\n(a) the name and contact details of the applicant;\n(b) the name and contact details of the respondent;\n(c) the location of the residential building and a concise\ndescription of the residential building work to which the\napplication relates;\n(d) a concise description of the alleged defective work and\nwhether an alleged defect is non-structural or structural;\n(e) all the other information the approved form requires.\n(3) The applicant must give a copy of the application to the respondent\nno later than 5 business days after the application is made.\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 3 Procedures for consumer guarantee dispute application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 11\n16 Consideration of technical inspection application and\nacceptance\n(1) Within 10 business days after a technical inspection application is\nmade, or as soon as is reasonably practicable after that time, the\nCommissioner must decide whether to accept the application.\n(2) The Commissioner may accept the application only if satisfied:\n(a) the application relates to the residential building work\nprescribed by regulation 6(2); and\n(b) the parties specified in the application are the current owner\nand builder in relation to the alleged defective building work;\nand\n(c) the application has been made within the effective period for\nthe consumer guarantee relevant to the alleged defective work\nspecified in the application; and\n(d) the prescribed fee for the application has been paid.\n(3) If there is insufficient information for the Commissioner to be\nsatisfied about the matters mentioned in subregulation (2), the\nCommissioner may give the applicant a notice specifying:\n(a) the further information required; and\n(b) a reasonable time within which the information must be given.\n(4) If the Commissioner decides to accept the application, the\nCommissioner must follow the relevant procedures specified in\nregulation 55.\n17 Decision to reject technical inspection application\nThe Commissioner may decide to reject a technical inspection\napplication.\nDivision 3 Procedures for consumer guarantee dispute\napplication\n18 Specified circumstance for consumer guarantee dispute\napplication\n(1) For section 54FC(2)(b) of the Act, the specified circumstance for\na consumer guarantee dispute is that there must be no contractual\nrelationship between the current owner and builder in relation to the\nresidential building work to which the dispute relates.\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 3 Procedures for consumer guarantee dispute application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 12\n(2) If the current owner making a consumer guarantee dispute\napplication is the contracting owner in relation to the residential\nbuilding work, the contractual relationship between the parties to\nthe application is taken to have ended if:\n(a) the residential building work has been completed under the\ncontract and the parties consider the contractual obligations\nhave been fulfilled; or\n(b) regardless of whether the residential building work has been\ncompleted under the contract – there is a dispute between the\nparties about an alleged contravention and the relationship\nbetween the parties has broken down irretrievably.\n(3) For subregulation (2)(b), it is not necessary for the contract to have\nbeen terminated at law.\n19 Making consumer guarantee dispute application\n(1) A consumer guarantee dispute application must include the\nfollowing information:\n(a) the name and contact details of the applicant;\n(b) if known – the name and contact details of the builder;\n(c) if the applicant is unable to locate the builder – a statement to\nthat effect and concise details of the steps taken to locate the\nbuilder;\n(d) a statement that there is no contractual relationship between\nthe applicant and the respondent and the facts to support the\nstatement;\n(e) the location of the land or residential building and a concise\ndescription of the residential building work, as prescribed by\nregulation 6(1), to which the dispute relates;\n(f) a concise description of the alleged contravention;\n(g) if the contravention relates to alleged defective work – a\ndescription of the work and whether an alleged defect is\nnon-structural or structural;\n(h) the date on which the applicant first became aware of the\nalleged contravention;\n\nChapter 2 Applications to Commissioner\nPart 2.1 Making applications and decisions about acceptance\nDivision 3 Procedures for consumer guarantee dispute application\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 13\n(i) if the applicant has previously made a consumer guarantee\ndispute application in relation to the same respondent and the\nsame residential building work (the previous application) –\nconcise details of the alleged contravention specified in that\napplication and the outcome of that application;\n(j) all the other information the approved form requires.\nNote for subregulation (1)(b) and (c)\nThe name and location of the builder may not be known to the current owner of\nthe residential building if the owner is a successor in title to the contracting\nowner.\n(2) The application must be accompanied by the prescribed fee.\n(3) For subregulation (1)(i), the applicant is not prevented from making\na further consumer guarantee dispute application in relation to the\nsame residential building work if:\n(a) the further alleged contravention is different from the alleged\ncontravention specified in the previous application; and\n(b) the previous application has been decided or otherwise\nconcluded; and\n(c) the further application relates to an alleged contravention the\napplicant was not aware of, and could not reasonably have\nbeen aware of, at the time of that decision or conclusion.\n20 Decision whether to accept consumer guarantee dispute\napplication\n(1) Within 10 business days after a consumer guarantee dispute\napplication is made, or as soon as is reasonably practicable after\nthat time, the Commissioner must decide whether to accept the\napplication.\n(2) The Commissioner may accept the application only if satisfied\nabout the following:\n(a) the application relates to the residential building work\nprescribed by regulation 6(2);\n(b) the parties specified in the application are the current owner\nand builder in relation to the specified residential building\nwork;\n(c) the specified circumstance for the application exists;\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 14\n(d) the application has been made within the effective period\nrelevant to the alleged contravention;\n(e) the matter in dispute has not previously been the subject of a\nconsumer guarantee dispute application for which a decision\nhas been made by the Commissioner or Tribunal;\n(f) the prescribed fee for the application has been paid.\n(3) If there is insufficient information for the Commissioner to be\nsatisfied about the matters mentioned in subregulation (2), the\nCommissioner may give the applicant a notice specifying:\n(a) the further information required and whether any of the\ninformation is to be given by statutory declaration; and\n(b) a reasonable time within which the information must be given.\n(4) For the Commissioner to be satisfied about the matter mentioned in\nsubregulation (2)(c), the Commissioner is not required to decide\nwhether the contract has been terminated at law.\n(5) If the Commissioner is satisfied about the matter mentioned in\nsubregulation (2)(c), a party to the application is not entitled to rely\non the acceptance of the application as a basis to assert the\ncontract between the parties has been legally terminated.\n(6) If the Commissioner decides to accept the application, the\nCommissioner must follow the procedures under Part 2.2,\nDivision 1.\n21 Decision to reject consumer guarantee dispute application\nThe Commissioner may decide to reject a consumer guarantee\ndispute application.\nPart 2.2 Procedures for consumer guarantee dispute\napplications accepted by Commissioner\nDivision 1 Procedures before making dispute decision\n22 Assistance to locate respondent\nIf the applicant in a consumer guarantee dispute application is\nunable to locate the respondent, the Commissioner may take any\nsteps the Commissioner considers reasonable to locate the\nrespondent.\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 15\n23 Procedure after acceptance of application\n(1) As soon as practicable after accepting a consumer guarantee\ndispute application, the Commissioner must give the respondent:\n(a) a copy of the application; and\n(b) a notice, in the approved form, that includes the following:\n(i) a statement that the Commissioner has accepted the\napplication;\n(ii) a statement that the respondent may, in accordance with\nregulation 24, respond to the matters included in the\napplication within the time specified in the notice;\n(iii) information about the procedures relevant to the\napplication under this Part;\n(iv) information about the negotiated agreement process and\nthe provisions relating to a technical inspection and\ntechnical report;\n(v) a request as to whether the respondent agrees to\nparticipate in the negotiated agreement process;\n(vi) a statement that the respondent is not precluded from\napplying to a court, tribunal or administrative body in\nrelation to a claim against the applicant that is not\nrelated to a consumer guarantee dispute.\nExample for subregulation (1)(b)(vi)\nA claim alleging a breach of contract by the applicant.\n(2) The time mentioned in subregulation (1)(b)(ii) must be reasonable,\ntaking into account the apparent level of complexity of the matters\nspecified in the application.\n(3) The Commissioner must also give the applicant a notice, in the\napproved form, that includes the following information:\n(a) a statement that the Commissioner has accepted the\napplication;\n(b) a statement that the Commissioner has given the respondent\na notice:\n(i) informing the respondent of the right to respond to the\nmatters specified in the application; and\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 16\n(ii) requesting whether the respondent agrees to participate\nin the negotiated agreement process;\n(c) the time the Commissioner has allowed for the response to\nthe matters specified in the application;\n(d) information about the procedures relevant to the application\nunder this Part;\n(e) information about the negotiated agreement process and the\nprovisions relating to a technical inspection and report;\n(f) a request as to whether the applicant agrees to participate in\nthe negotiated agreement process.\n24 Response to application\n(1) A response by a respondent to a consumer guarantee dispute\napplication must be in writing and include the following:\n(a) a statement about any matters specified in the application that\nare disputed or rejected by the respondent;\n(b) any submission or documents relevant to the application;\n(c) a statement as to whether the respondent agrees to\nparticipate in the negotiated agreement process.\n(2) The respondent may dispute or reject an alleged contravention on\nthe basis that the contravention occurred because the respondent\ncarried out instructions given by the applicant contrary to the\nrespondent's written advice.\n(3) The respondent may apply to the Commissioner for an extension of\ntime within which to respond to the application.\n(4) The respondent must give the response to the Commissioner, and\na copy to the applicant, within the time allowed by the\nCommissioner under regulation 23(1)(b)(ii) or subregulation (3).\n25 Procedure if response given\n(1) As soon as practicable after the Commissioner receives a response\nto a consumer guarantee dispute application, the Commissioner\nmust take action under this regulation.\n(2) If both parties have agreed to participate in the negotiated\nagreement process, the Commissioner must follow the procedures\nin regulation 41.\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 17\n(3) If one or both parties do not agree to participate in the negotiated\nagreement process, the Commissioner may do any of the following:\n(a) give one or both of the parties a notice requiring further\nsubmissions to be made or further information to be given\n(which may be by statutory declaration);\n(b) decide to hold a directions hearing and give each party a\nnotice of the date, time and place of the hearing;\n(c) fix a date, time and place for a hearing of the application and\ngive the parties a notice of those details;\n(d) refer a question of law or the application to the Tribunal under\nregulation 31.\n26 Failure to give response\nIf the respondent does not give the Commissioner a response\nwithin the time mentioned in regulation 24(3), the Commissioner\nmust:\n(a) fix a time and place for a hearing of the application; and\n(b) give the applicant and respondent a notice about the hearing\nand the reasons for it.\n27 Conducting proceeding\nWithout limiting regulation 67(2), the Commissioner may do any of\nthe following at any stage of a proceeding for a consumer\nguarantee dispute application:\n(a) with the agreement of the parties – arrange for a conference\nto be held to facilitate the negotiated agreement process;\n(b) on the application of a party and payment of the prescribed\nfee – appoint a qualified person to conduct a technical\ninspection and give a technical report relating to any of the\nalleged defective work specified in the application;\n(c) hold a directions hearing;\n(d) adjourn the proceeding until conditions fixed by the\nCommissioner are met;\n(e) fix a period within which an action in the proceeding is to be\ntaken;\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 18\n(f) extend a period within which an action in the proceeding is to\nbe taken, whether or not the period has expired;\n(g) allow an amendment of an application or another document as\nthe Commissioner considers appropriate;\n(h) fix a time and place for hearing the application.\n28 Directions hearing\n(1) At a directions hearing for a consumer guarantee dispute\napplication, the Commissioner may give directions on any matters\nin the proceeding as the Commissioner considers appropriate.\n(2) Without limiting subregulation (1), the directions may relate to any\nof the following matters:\n(a) the requirement for a party to do any of the following:\n(i) make a written submission;\n(ii) make a statutory declaration;\n(iii) give other information or documents;\n(b) the place and time of the hearing of the application;\n(c) the way in which the hearing is to be conducted.\n29 Conducting hearing\n(1) The Commissioner may conduct a hearing for a consumer\nguarantee dispute application in the way the Commissioner\nconsiders appropriate, including by hearing the application in\nprivate or public or in the absence of a party.\n(2) The Commissioner may conduct one hearing for multiple consumer\nguarantee dispute applications if the Commissioner considers it\nappropriate to do so.\nExample for subregulation (2)\nThe applications relate to alleged contraventions by the same respondent.\n(3) The Commissioner may dismiss a consumer guarantee dispute\napplication if the applicant is absent from the hearing without a\nreasonable excuse.\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 1 Procedures before making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 19\n30 Evidence at hearing\n(1) The Commissioner has the following powers in conducting a\nhearing for a consumer guarantee dispute application:\n(a) by summons, to require a person to attend before the\nCommissioner;\n(b) by summons, to require the production of documents;\n(c) to inspect documents produced to the Commissioner, retain\nthe documents for a reasonable period and make copies of\nany of the contents;\n(d) to require a person appearing before the Commissioner to do\none or both of the following:\n(i) give evidence on oath;\n(ii) whether summonsed to appear or not – answer relevant\nquestions put by the Commissioner or a person\nappearing before the Commissioner;\n(e) to receive in evidence a transcript of evidence in a proceeding\nbefore a court, tribunal or administrative body and draw\nconclusions of fact from that evidence.\n(2) Without limiting subregulation (1), the Commissioner may require:\n(a) the qualified person for the application, and any expert\nmentioned in regulation 59, to give evidence in the hearing;\nand\n(b) a technical report and any report given by the expert to be\nproduced as evidence.\n(3) A person must comply with a requirement given to the person under\nthis regulation.\nMaximum penalty: 100 penalty units.\n31 Referrals to Tribunal\n(1) At any stage of a proceeding for a consumer guarantee dispute\napplication, including during the hearing, the Commissioner may\nrefer a question of law to the Tribunal for its determination.\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 2 Making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 20\n(2) At any stage of a proceeding for a consumer guarantee dispute\napplication, other than at the hearing, the Commissioner may refer\nthe application to the Tribunal for its consideration and decision if:\n(a) the application involves complex questions of fact or law (or\nboth); and\n(b) the Commissioner is of the opinion that the application should\nbe dealt with by the Tribunal.\n(3) The Commissioner must:\n(a) give a notice of a referral under this regulation to the parties to\nthe application; and\n(b) give the Tribunal all the relevant information about the\nproceeding.\nDivision 2 Making dispute decision\n32 Dispute decisions generally\n(1) The Commissioner may make one of the following decisions in a\nconsumer guarantee dispute application (a dispute decision):\n(a) the respondent has contravened all of the consumer\nguarantees as alleged in the application;\n(b) the respondent has contravened some of the consumer\nguarantees as alleged in the application;\n(c) the respondent has not contravened any of the consumer\nguarantees as alleged in the application and the application is\ndismissed.\n(2) A dispute decision made under subregulation (1)(a) or (b) may\ninclude any of the orders mentioned in regulations 33 to 35 as\nrelevant.\n(3) The Commissioner must refer a dispute decision made under\nsubregulation (1)(a) or (b) to the Tribunal if:\n(a) the Commissioner has decided it is appropriate in the\ncircumstances to make an order for the respondent to pay\ncompensation to the applicant; and\n(b) the amount of compensation assessed to be payable exceeds\n$100 000.\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 2 Making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 21\n33 Orders relating to non-completion of work\n(1) If a dispute decision relates to a contravention of a consumer\nguarantee because of the non-completion of work, the\nCommissioner may order the respondent to complete the work.\n(2) However, if the Commissioner is satisfied there are circumstances\nthat make an order for completion impracticable, the Commissioner\nmay order the respondent to pay a specified amount, not exceeding\n$100 000, as compensation to the applicant.\n34 Orders relating to defective work\n(1) If a dispute decision relates to a contravention of a consumer\nguarantee because of defective work, the Commissioner may order\nthe respondent to rectify the work, including rectification in a way\nrecommended by:\n(a) the technical report given by a qualified person; or\n(b) any other person who gave evidence about the matter to the\nCommissioner.\n(2) However, if the Commissioner is satisfied there are circumstances\nthat make an order for rectification impracticable, the Commissioner\nmay order the respondent to pay a specified amount, not exceeding\n$100 000, as compensation to the applicant.\n(3) If the dispute decision orders the respondent to rectify the defective\nwork, the Commissioner may also require:\n(a) the applicant to engage a suitably qualified person to inspect\nthe rectified work; and\n(b) the respondent to pay the reasonable costs of the inspection\nincurred by the applicant.\n(4) A respondent who is ordered by the Commissioner to rectify\ndefective work may comply with the requirement by engaging\nanother suitably qualified residential builder to complete the work.\n35 Compliance period and order to notify compliance\n(1) This regulation applies if a dispute decision includes an order for\nthe respondent to:\n(a) rectify defective work; or\n(b) complete residential building work within a time specified by\nthe Commissioner; or\n\nChapter 2 Applications to Commissioner\nPart 2.2 Procedures for consumer guarantee dispute applications accepted by\nCommissioner\nDivision 2 Making dispute decision\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 22\n(c) pay compensation to the applicant.\n(2) The Commissioner must specify a reasonable period for\ncompliance with the order (a compliance period), which must not\nbe less than 25 business days after the date of the decision.\nNote for subregulation (2)\nThe compliance period takes into account the period allowed for a review of the\ndispute decision.\n(3) The decision must also:\n(a) order the respondent to give the Commissioner a notice\nconfirming compliance with the order as soon as practicable\nafter compliance and no later than 5 business days after the\nend of the compliance period; and\n(b) include information about the matters mentioned in Chapter 4.\n37 Publication of dispute decision\n(1) The Commissioner may publish a dispute decision:\n(a) if the period for applying for a review of the decision has\nexpired and no application has been made – after the expiry of\nthat period; or\n(b) if an application for a review of the decision has been made –\nafter the Tribunal has decided the application.\n(2) The publication of a dispute decision must include details about the\noutcome of the consumer guarantee dispute application for which\nthe decision was made.\nExamples of outcomes for subregulation (2)\n1 In relation to work found to be defective – whether the builder rectified or\ncompleted the defective work or paid the compensation as ordered and\nwhether that was done within the compliance period specified in the dispute\ndecision.\n2 In relation to work found not to be defective – whether the dispute decision\nwas varied or set aside by the Tribunal and, if so, a brief description of the\nTribunal's decision.\n(3) Publication of a dispute decision may be in any form the\nCommissioner considers appropriate, including on the Internet.\n(4) A dispute decision published on the Internet is to be removed\n5 years after publication.\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 1 Preliminary conference\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 23\n38 No liability for publication of report in good faith\n(1) A person is not civilly or criminally liable for publishing, in good faith\nfor the information of the public, a fair and accurate report of\nmatters before the Commissioner at a public hearing of a consumer\nguarantee dispute application.\n(2) A report mentioned in subregulation (1) is taken to be published in\ngood faith for the information of the public if the publication was not\nactuated by ill-will towards a person defamed or by another\nimproper motive.\nPart 2.3 Negotiated agreement process\nDivision 1 Preliminary conference\n39 Application of Division\nThis Division applies if one of the following circumstances applies:\n(a) the Commissioner has accepted a mediation or conciliation\napplication under regulation 12;\n(b) both parties to a technical inspection application or consumer\nguarantee dispute application have agreed to participate in the\nnegotiated agreement process.\n40 Procedure for mediation or conciliation application\n(1) As soon as practicable after accepting a mediation or conciliation\napplication, the Commissioner must give the respondent:\n(a) a copy of the application; and\n(b) a notice, in the approved form, that includes the following:\n(i) a statement that the Commissioner has accepted the\napplication;\n(ii) a request as to whether the respondent agrees to\nparticipate in the negotiated agreement process;\n(iii) a statement that if the respondent agrees to participate,\nthe respondent must complete and return the relevant\npart of the form within 5 business days after receiving\nthe notice;\n(iv) information about the negotiated agreement process.\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 1 Preliminary conference\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 24\n(2) The Commissioner must give the applicant a copy of the notice\ngiven to the respondent.\n41 Facilitating preliminary conference for any application\nAs soon as practicable after both parties to an application have\nagreed to participate in the negotiated agreement process, the\nCommissioner must:\n(a) decide who will be the convenor for the preliminary\nconference; and\n(b) fix a time and place for the conference; and\n(c) give the parties a notice that includes the following\ninformation:\n(i) the time and place at which the conference is to be held;\n(ii) the matters mentioned in this Part about the purpose of,\nand attendance at, the conference;\n(iii) all relevant information about the negotiated agreement\nprocess.\n42 Purpose of preliminary conference and role of convenor\n(1) The purpose of the preliminary conference is to enable the\nconvenor of the conference to:\n(a) give information to ensure the parties to the relevant\napplication are fully aware of their rights and obligations under\nthe Act; and\n(b) encourage full and open communication between the parties\nabout the matters in dispute between them; and\n(c) encourage the parties to:\n(i) reach agreement about the facts relevant to the matters\nin dispute; and\n(ii) consider options for reaching agreement about the\nmatters in dispute; and\n(d) explain to the parties the different purposes of a mediation\nconference and conciliation conference; and\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 2 Mediation conference and conciliation conference\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 25\n(e) with the agreement of the parties – arrange for their\nattendance at a mediation conference or conciliation\nconference (unless the parties have reached agreement at the\npreliminary conference).\n(2) The convener may provide advice on the matters in dispute and\nsuggest options for reaching agreement about those matters.\nDivision 2 Mediation conference and conciliation conference\n43 Facilitating mediation conference or conciliation conference\nAs soon as practicable after both parties to an application have\nagreed to participate in a mediation conference or conciliation\nconference, the Commissioner must:\n(a) decide who will be the convenor for the conference; and\n(b) fix a time and place for the conference; and\n(c) give the parties a notice that includes the following\ninformation:\n(i) the time and place at which the conference is to be held;\n(ii) the matters mentioned in this Part about the purpose of,\nand attendance at, the conference;\n(iii) any other relevant information.\n44 Purpose of mediation conference and role of convenor\n(1) The purpose of a mediation conference is to provide for a process\nin which the parties to an application are able to:\n(a) identify the matters in dispute; and\n(b) develop options, consider alternatives, and attempt in good\nfaith to reach an agreement.\n(2) In conducting the conference, the convenor must apply the\nprinciples of natural justice and, in particular, must:\n(a) give each party every opportunity to be heard; and\n(b) allow proper consideration by each party of any written\nstatement submitted by the other party.\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 3 General provisions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 26\n(3) The convenor:\n(a) acts only as a facilitator at the conference; and\n(b) has no advisory role about the matter in dispute; and\n(c) must not decide the matter in dispute.\n(4) However, the convenor may advise on, or decide, the process of\nmediation for resolution of the dispute.\n45 Purpose of conciliation conference and role of convenor\n(1) The purpose of a conciliation conference is to enable the parties to\nan application, with the assistance of the convenor, to negotiate an\nagreement about the matters in dispute between the parties.\n(2) The convenor for the conference may give advice to the parties\nabout possible options for resolving the matters in dispute.\nDivision 3 General provisions\n46 Convenor for conference\n(1) The convenor for a conference is one of the following persons:\n(a) for a preliminary conference – the Commissioner or a delegate\nof the Commissioner;\n(b) for a mediation conference – a person who has the relevant\nqualifications to conduct mediation;\n(c) for a conciliation conference – a person who has the relevant\nqualifications to conduct conciliation in relation to the matters\nin dispute.\n(2) The convenor for a conciliation conference must have knowledge of\none or both of the following, as appropriate:\n(a) the rights and obligations of the parties in relation to the\nmatters in dispute;\n(b) matters relevant to residential building work.\n(3) In relation to a consumer guarantee dispute application, the\nconvenor for a mediation conference or conciliation conference\nmust not take any further part in the proceeding for the application\nunless both parties agree.\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 3 General provisions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 27\n47 Attendance at conference\n(1) The parties to an application in relation to which a conference is\nheld must attend the conference.\n(2) A party that is a body corporate may be represented at the\nconference by an officer or employee of the body corporate.\n(3) A party attending the conference must not be represented by a\nlegally qualified person unless:\n(a) the other party agrees to the representation; or\n(b) the convenor is of the opinion that neither party will be\ndisadvantaged by the representation.\n(4) A party may be represented by a person who is not legally qualified\nif:\n(a) both parties have agreed to the representation and the\nconvenor is satisfied:\n(i) the representation will not unfairly disadvantage an\nunrepresented party; or\n(ii) if the appropriate information or assistance (or both) can\nbe given by the convenor to an unrepresented party –\nthe unrepresented party will not be unfairly\ndisadvantaged; or\n(b) the convenor is satisfied the party is unable, without\nassistance, to make a proper contribution towards achieving\nthe purpose of the conference.\n48 Place for holding conference\n(1) Subject to subregulation (2), a conference may be held at any place\nthe Commissioner considers appropriate.\n(2) Only a conciliation conference may be held at the location of the\nresidential building work to which the application relates.\n49 Conference not open to public\nA conference must not be open to the public.\n\nChapter 2 Applications to Commissioner\nPart 2.3 Negotiated agreement process\nDivision 3 General provisions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 28\n50 Record of conference and outcomes\n(1) At a conference, the convenor must make a written record of the\nfollowing matters in relation to the application:\n(a) the parties;\n(b) the matters in dispute;\n(c) the outcome of the conference.\n(2) The record must not include any details of the discussions at the\nconference.\n(3) If agreement is reached on any matter at the conference, the\nconvenor must:\n(a) make a written record of:\n(i) the details of the agreement; and\n(ii) the names of the parties; and\n(b) have the record signed by the parties; and\n(c) explain to the parties the effect of the agreement as\nmentioned in regulation 51.\n(4) If the parties do not reach agreement at a conference, the convenor\nmust explain to the parties the procedures relevant to the\napplication under regulation 52.\n51 Effect of agreement and related decision\n(1) An agreement recorded at a conference is binding on the parties.\n(2) If the convenor for the conference is the Commissioner, he or she\nmay make a decision at the conference in accordance with the\nagreement (a negotiated agreement decision).\n(3) If the convenor for the conference is not the Commissioner, the\nconvenor must give the Commissioner a copy of the agreement and\nthe Commissioner may make a negotiated agreement decision in\naccordance with the agreement.\n(4) Chapter 4 applies in relation to the enforcement and contravention\nof a negotiated agreement decision as if the decision were a\ndispute decision.\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical inspection\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 29\n52 Effect if no agreement reached\n(1) If the parties to an application do not reach agreement at a\nconference, the convenor (if not the Commissioner) must give the\nCommissioner a notice of that fact and give a copy to each party.\n(2) If the conference is held for a mediation or conciliation application,\nor a technical inspection application made under regulation 15, the\nCommissioner:\n(a) need take no further action in relation to the application; and\n(b) must give the parties a notice to that effect.\n(3) The notice under subregulation (2) may include information about\nother processes that may be available to the parties for resolving\nthe dispute.\n(4) If the conference is held for a consumer guarantee dispute\napplication, the Commissioner must continue to deal with the\napplication under Part 2.2.\n53 Restriction on evidence\nEvidence of anything said or done in the course of a conference is\ninadmissible in a proceeding under these Regulations or before a\ncourt, except with the consent of all parties to the proceeding.\n54 Confidentiality\nThe convenor for a conference must not disclose to another person\n(including the Commissioner) information obtained in the course of\nthe conference, except with the consent of all parties to the\nconference or in the course of the convenor's duties under these\nRegulations.\nMaximum penalty: 100 penalty units.\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical\ninspection\n55 Appointment of qualified person\n(1) This regulation applies if:\n(a) the Commissioner decides to accept a technical inspection\napplication under regulation 16; or\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical inspection\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 30\n(b) at any stage of a proceeding for a consumer guarantee\ndispute application a party to the application has made a\ntechnical inspection application.\n(2) The Commissioner must, as soon as practicable:\n(a) appoint an individual (a qualified person), as mentioned in\nsection 54FB(4) of the Act, to conduct a technical inspection\nand give a report relating to the alleged defective work\nspecified in the relevant application; and\n(b) give the parties to the relevant application a notice of the\nappointment and the name and contact details of the qualified\nperson.\n(3) The Commissioner must ensure that the individual appointed as the\nqualified person has the relevant qualifications and expertise to\nconduct the technical inspection.\n(4) The appointment of a qualified person must specify:\n(a) the alleged defective work the person is appointed to inspect;\nand\n(b) the functions and powers of the qualified person.\n56 Entry to conduct technical inspection and presence of parties\n(1) For obtaining entry to the residential building to conduct a technical\ninspection of the alleged defective work, the qualified person must\nmake all reasonable efforts to:\n(a) arrange with the current owner of the building a suitable time\nfor the inspection; and\n(b) give the builder who carried out the alleged defective work, or\na person nominated by the builder, reasonable notice before\nconducting the inspection.\n(2) The qualified person must also give the following persons the\nopportunity to be present during the technical inspection:\n(a) the current owner;\n(b) the builder or a person nominated by the builder.\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical inspection\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 31\n57 Conducting technical inspection\n(1) In conducting a technical inspection, the qualified person may take\nany action that is reasonably required to properly assess the\nalleged defective work, including any of the following:\n(a) subject to regulation 56 – enter the residential building and the\nland on which the building is situated;\n(b) take photographs and make video recordings, sketches and\nother records;\n(c) take samples of anything on, or in connection with, the\nbuilding for analysis or testing;\n(d) with the written agreement of the applicant in the relevant\napplication – conduct tests that may have a significant impact\non the building or land (for example, by demolishing, opening\nor cutting into the building).\n(2) The agreement mentioned in subregulation (1)(d) must also include\nan agreement that the applicant in the relevant application will pay\nfor any costs associated with conducting the tests.\n(3) If, at the time the qualified person is conducting the technical\ninspection, either party to the relevant application is at the\nresidential building or on the land where the residential building is\nsituated, the qualified person may:\n(a) ask questions of the party; and\n(b) request the party for assistance in conducting the inspection.\n(4) The qualified person must take into account whether the alleged\ndefective work has been carried out in compliance with the Act, the\nBuilding Regulations 1993 and any standards or guidelines relevant\nto the work.\n(5) The qualified person must:\n(a) confine the technical inspection to the alleged defective work;\nand\n(b) act impartially in conducting the inspection.\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 1 Appointment of qualified person and technical inspection\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 32\n58 Additional defective work found during technical inspection\n(1) This regulation applies if, when conducting the technical inspection,\nthe qualified person becomes aware of residential building work:\n(a) that is defective; and\n(b) that was carried out by the same builder; and\n(c) that is not specified in the relevant application as alleged\ndefective work.\n(2) The qualified person must give a notice, in the approved form, to\nthe Commissioner and the parties to the relevant application.\n(3) The party who made the relevant application may, within 5 business\ndays after being given the notice by the qualified person:\n(a) in the approved form, amend the relevant application to\ninclude the work as additional alleged defective work; and\n(b) give the notice to the Commissioner and a copy to the\nqualified person and the other party.\n(4) After receiving the copy of the notice, the qualified person may\nconduct a technical inspection of the additional alleged defective\nwork.\n(5) If the relevant application was made in a proceeding for a consumer\nguarantee dispute application, either party:\n(a) may give the Commissioner further submissions or information\nrelevant to the additional alleged defective work; and\n(b) if a party does so – must give copies to the other party.\n59 Obtaining additional expert investigation and report\n(1) This regulation applies if the qualified person forms the opinion that\nthe nature of particular alleged defective work requires investigation\nand a report by a person with particular technical expertise.\n(2) The qualified person must give a notice of that fact, in the approved\nform, to the Commissioner and the parties to the relevant\napplication.\n(3) Either party may, at the party's own cost, engage a person with the\nrelevant technical expertise to investigate the alleged defective\nwork and give the other party a report about the work.\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 2 Technical report by qualified person\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 33\n(4) A party who engages a person under subregulation (3) must give\nnotice of that fact, in the approved form, to the Commissioner and\nthe other party.\n60 Notice to building certifier\n(1) This regulation applies if the qualified person considers the builder\nhas carried out the alleged defective work in contravention of the\nAct, the Building Regulations 1993 or any standards or guidelines\nrelevant to the work.\n(2) The qualified person must, as soon as practicable, notify the\nbuilding certifier for the work:\n(a) of the details of the contravention; and\n(b) that the contravention will be specified in a technical report\ngiven to the Commissioner.\n61 Offences relating to technical inspection\n(1) A person must not, without reasonable excuse:\n(a) prevent a qualified person from carrying out a technical\ninspection; or\n(b) obstruct a qualified person when conducting an inspection; or\n(c) fail to answer a question asked by a qualified person in\nrelation to an inspection; or\n(d) fail to provide assistance to a qualified person during an\ninspection when requested to do so.\nMaximum penalty: 100 penalty units.\n(2) In this regulation:\nobstruct includes resist and hinder.\nDivision 2 Technical report by qualified person\n62 Giving technical report to Commissioner\n(1) As soon as practicable after completing the technical inspection,\nthe qualified person must prepare the technical report and give it to\nthe Commissioner.\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 2 Technical report by qualified person\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 34\n(2) The technical report must be in writing and must specify:\n(a) whether the qualified person is of the opinion that any or all of\nthe alleged defective work is defective; or\n(b) whether the qualified person is unable to form such an\nopinion.\n(3) If the qualified person forms the opinion that any or all of the\nalleged defective work is defective, the qualified person must\ninclude in the report:\n(a) details of the defective work; and\n(b) recommendations about how the defective work can be\nrectified.\n(4) If the qualified person considers the builder has contravened the\nAct, the Building Regulations 1993 or any standards or guidelines\nrelevant to the work, the qualified person must include in the\ntechnical report:\n(a) a statement of the opinion; and\n(b) the facts on which the opinion is based; and\n(c) confirmation that the qualified person has notified the building\ncertifier under regulation 60.\n(5) If the applicant in the relevant application did not agree to a test\nmentioned in regulation 69(1)(d), and the qualified person considers\nthe test was necessary to finalise the technical report, the qualified\nperson:\n(a) must specify that fact in the report; and\n(b) if relevant – may specify there is inadequate evidence from\nthe visual inspection to reach a conclusion about whether the\nalleged defective work is actually defective.\n63 Giving technical report and notice to parties\nAs soon as practicable after being given a technical report for a\nrelevant application, the Commissioner must consider the report\nand give the parties to the application:\n(a) a copy of the report; and\n\nChapter 2 Applications to Commissioner\nPart 2.4 Technical inspection and technical report\nDivision 2 Technical report by qualified person\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 35\n(b) a notice of the Commissioner's opinion in relation to the report\nand the procedures relevant to the application as specified in\nregulation 64 or 65.\n64 Technical inspection application other than for consumer\nguarantee dispute application\n(1) This regulation applies if the technical report is given in relation to a\ntechnical inspection application made under regulation 15.\n(2) If the report does not identify any defective work as alleged in the\napplication, the Commissioner:\n(a) need take no further action in relation to the application; and\n(b) must give the parties a notice to that effect.\n(3) If the report identifies defective work:\n(a) the builder who carried out the defective work may rectify the\nwork in a way that is recommended in the report; or\n(b) the parties may agree to participate in the negotiated\nagreement process; or\n(c) if the defective work can be the subject of a consumer\nguarantee dispute – the current owner in relation to the work\nmay make a consumer guarantee dispute application; or\n(d) if paragraphs (a) to (c) do not apply – the current owner in\nrelation to the work may seek a remedy under another law in\nforce in the Territory.\n65 Technical inspection application made for consumer\nguarantee dispute application\n(1) This regulation applies if the technical report is given in relation to a\nconsumer guarantee dispute application.\n(2) The Commissioner may dismiss the application under Part 2.2,\nDivision 2 only if:\n(a) the report does not identify any defective work as alleged in\nthe application; and\n(b) the application does not also allege another contravention of\nthe consumer guarantees (for example, non-completion of\nwork).\n\nChapter 2 Applications to Commissioner\nPart 2.5 General procedures for all applications\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 36\nPart 2.5 General procedures for all applications\n66 Lodgment and fees\n(1) Any application or other document required to be made or given to\nthe Commissioner must be lodged at an office of the\nCommissioner.\n(2) An application or document may be lodged:\n(a) personally or by post; or\n(b) by another method acceptable to the Commissioner.\n(3) Schedule 1 prescribes the fee payable for making an application\nmentioned in the Schedule.\n67 General conduct of proceeding\n(1) The Commissioner may conduct any part of a proceeding at the\ntime and in the place the Commissioner considers appropriate in\nthe circumstances.\n(2) Subject to section 54FD of the Act and these Regulations, the\nCommissioner may decide the procedure to be followed in a\nproceeding and may give directions and do all things the\nCommissioner considers necessary or expedient in the proceeding.\n68 Representation of party\n(1) A party to an application is not entitled to be represented by a\nlegally qualified person unless:\n(a) the other party agrees to the representation; or\n(b) the Commissioner is of the opinion that neither party will be\ndisadvantaged by the representation.\n(2) A party that is a body corporate may be represented by an officer or\nemployee of the body corporate.\n(3) A party may be represented by a person who is not legally qualified\nif:\n(a) both parties have agreed to the representation and the\nconvenor is satisfied:\n(i) the representation will not unfairly disadvantage an\nunrepresented party; or\n\nChapter 2 Applications to Commissioner\nPart 2.5 General procedures for all applications\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 37\n(ii) if the appropriate information or assistance (or both) can\nbe given by the Commissioner to an unrepresented\nparty – the unrepresented party will not be unfairly\ndisadvantaged; or\n(b) the Commissioner is satisfied the party is unable, without\nassistance, to make a proper contribution towards achieving\nthe purpose of the conference.\n69 Power to amend where defect or error in form\n(1) A document given to a party by the Commissioner is not invalid\nbecause of a defect or error in its form alone.\n(2) The Commissioner may amend a document to correct a defect or\nerror in its form.\n70 Effect of non-compliance with procedures\nA failure to comply with the procedures specified in these\nRegulations is an irregularity and does not nullify:\n(a) a proceeding; or\n(b) a step taken, document used or order made in a proceeding.\n71 Withdrawal of application\nAn application may be withdrawn by the applicant at any time\nduring the proceeding.\n72 Costs\n(1) Subject to this regulation, a party to a proceeding must bear that\nparty's own costs in the proceeding.\n(2) The Commissioner may require a party to pay the other party's\nreasonable administrative disbursements in connection with the\nproceeding (for example, photocopying costs).\n(3) In addition, if the circumstances warrant it, the Commissioner may\ndirect a party to pay the reasonable costs of the other party incurred\nin relation to any of the following:\n(a) a technical inspection and technical report;\n(b) an investigation and report of an expert mentioned in\nregulation 59.\n\nChapter 3 Proceedings before Tribunal\nPart 3.3 Referrals to Tribunal by Commissioner\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 38\n73 Contempt\nA person must not:\n(a) threaten, intimidate or insult the Commissioner in the\nperformance of the functions or exercise of the powers of the\noffice under these Regulations; or\n(b) interrupt, obstruct or hinder a proceeding; or\n(c) create a disturbance, or take part in creating or continuing a\ndisturbance, in or near a place where the Commissioner is\nconducting a proceeding.\nMaximum penalty: 100 penalty units.\nChapter 3 Proceedings before Tribunal\nPart 3.1 Reviews of Commissioner's decisions\n74 Reviewable decision and affected person\n(1) The Tribunal has review jurisdiction in relation to a decision (a\nreviewable decision) mentioned in Schedule 2.\n(2) An affected person, for a reviewable decision, is a person\nmentioned in Schedule 2 for the decision.\nPart 3.3 Referrals to Tribunal by Commissioner\n85 Questions of law\n(1) This regulation applies if, under regulation 31(1), the Commissioner\nrefers a question of law in a consumer guarantee dispute\napplication to the Tribunal for its determination.\n(2) After making the determination, the Tribunal may:\n(a) refer the matter back to the Commissioner to continue dealing\nwith the application; or\n(b) if the Tribunal considers the complexity of the application\nwarrants it:\n(i) decide to deal with the application; and\n(ii) give the Commissioner a notice of the decision.\n\nChapter 4 Enforcement of decisions and consequences of contraventions\nPart 4.1 Enforcement of decisions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 39\n86 Complex proceedings\n(1) This regulation applies if:\n(a) under regulation 31(2), the Commissioner refers a consumer\nguarantee dispute application to the Tribunal; or\n(b) under regulation 85(2)(b)(i), the Tribunal decides to deal with a\nconsumer guarantee dispute application.\n(2) In dealing with the application, the Tribunal may exercise the\npowers of the Commissioner under these Regulations.\n(3) However, if the Tribunal's decision includes an order that the builder\nmust pay compensation to the current owner, the amount ordered\nto be paid may exceed $100 000.\n(4) To avoid doubt, if the Tribunal's decision includes an order\nmentioned in regulation 35(3)(a), the builder must give the notice\nabout compliance to the Commissioner and not to the Tribunal.\n(5) The Tribunal must give the Commissioner a copy of its decision.\n87 Appeal to Supreme Court\nA person may appeal to the Supreme Court against a decision of\nthe Tribunal under regulation 86 on a question of law only.\nChapter 4 Enforcement of decisions and consequences\nof contraventions\nPart 4.1 Enforcement of decisions\n88 Enforcement of order to pay money\n(1) If a decision maker orders a party to a proceeding to pay an amount\nof money to the other party, the amount is recoverable as a debt\ndue to that other party.\n(2) The party to whom the amount is payable may apply to a court of\ncompetent jurisdiction for the registration and enforcement of the\ndecision maker's order.\n\nChapter 4 Enforcement of decisions and consequences of contraventions\nPart 4.2 Consequences of contraventions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 40\n(3) If the decision maker in a proceeding orders a builder to take an\naction other than to pay an amount of money to the current owner,\nand the builder contravenes the order:\n(a) the current owner may apply to the decision maker to revoke\nthe order and replace it with an order for the payment of\nmoney to the owner; and\n(b) the amount ordered to be paid is recoverable as a debt due to\nthe owner; and\n(c) subregulation (2) applies.\n89 Application to Local Court for enforcement of other orders\n(1) This regulation applies if a decision maker orders a builder to do an\nact, or abstain from doing an act, other than to pay money.\n(2) For section 23(1) of the Local Court (Civil Procedure) Act 1989, the\nLocal Court is given the power mentioned in that provision in\nrelation to the act mentioned in the order.\nPart 4.2 Consequences of contraventions\n90 Failure to give notice about compliance\n(1) If a decision maker makes an order mentioned in\nregulation 35(3)(a) and the builder does not give the Commissioner\na notice about compliance as ordered, the Commissioner must give\nthe Practitioners Board and Director a notice of the builder's\ncontravention of the order.\n(2) The Practitioners Board may:\n(a) place on the public record that the builder has contravened the\norder; and\n(b) take appropriate disciplinary action against the builder.\n91 Offence to give false or misleading information in notice about\ncompliance\nA builder must not give false or misleading information in a notice\nabout compliance mentioned in regulation 35(3)(a).\nMaximum penalty: 100 penalty units.\n\nChapter 4 Enforcement of decisions and consequences of contraventions\nPart 4.2 Consequences of contraventions\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 41\n92 Disciplinary action for specified contravention of dispute\ndecision\n(1) This regulation applies in relation to a dispute decision made by the\nCommissioner under regulation 32(1)(a) or (b) that orders a builder\nto rectify residential building work.\n(2) For section 34X(1)(c) of the Act, a contravention of the order in the\ndecision is specified to be professional misconduct.\n(3) However, subregulation (2) does not apply until the Commissioner\nand Practitioners Board are satisfied the builder:\n(a) has not applied for a review of the dispute decision; or\n(b) has made an application for a review to the Tribunal but is still\nsubject to an order to rectify the work; or\n(c) has not applied to a court in relation to the same, or\nsubstantially the same, matter in dispute (for example, a\ncontractual dispute which is not a consumer guarantee dispute\nbut is about the same residential building work).\n93 Other disciplinary action for contravention of dispute decision\n(1) This regulation applies in relation to a dispute decision made by the\nCommissioner under regulation 32(1)(a) or (b) that orders the\nbuilder to:\n(a) complete residential building work; or\n(b) pay a specified amount of compensation.\n(2) If the builder contravenes the order:\n(a) the Practitioners Board may take any of the actions mentioned\nin section 34Y(1)(a) to (d) and (2) of the Act in relation to the\nbuilder; and\n(b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to\nthe actions of the Board.\n94 Disciplinary action for contravention of Tribunal's decision\n(1) This regulation applies in relation to a decision made by the\nTribunal that a builder has contravened a consumer guarantee and\nis ordered to do any of the following:\n(a) complete residential building work;\n(b) rectify residential building work;\n\nChapter 5 Miscellaneous matters\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 42\n(c) pay a specified amount of compensation.\n(2) If the builder contravenes the order:\n(a) the Practitioners Board may take any of the actions mentioned\nin section 34Y(1)(a) to (d) and (2) of the Act in relation to the\nbuilder; and\n(b) sections 34Y(3) to (5) and 34Z of the Act apply in relation to\nthe actions of the Board.\n95 Offence to contravene order of decision maker\n(1) A builder who contravenes an order of a decision maker given\nunder these Regulations commits an offence.\nMaximum penalty: 100 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubregulation (1) if the defendant establishes a reasonable excuse.\nChapter 5 Miscellaneous matters\n96 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Commissioner;\n(b) a delegate of the Commissioner;\n(c) a qualified person;\n(d) a convenor.\n(2) Subregulation (1) does not affect any liability the Territory would,\napart from that subregulation, have for the act or omission.\n(3) In this regulation:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n\nChapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 43\n97 Records of applications\n(1) The Commissioner must keep records of applications accepted by\nthe Commissioner.\n(2) Without limiting subregulation (1), the records must include:\n(a) the number and nature of applications accepted; and\n(b) the number and nature of applications that are resolved by the\nnegotiated agreement process.\n(3) The Commissioner must give the information mentioned in\nsubregulation (2) to the Chief Executive Officer no later than\n3 months after the end of each financial year.\n(4) However, the information about the nature of the applications given\nto the Chief Executive Officer is to be a general description only\nand the confidentiality of the parties to the applications must be\npreserved.\n98 Commissioner to give notice of contraventions by builder\nIf, during a proceeding, the Commissioner becomes aware that a\nbuilder has contravened the Act, a regulation made under the Act or\nany standards or guidelines relevant to residential building work\ncarried out by the builder, the Commissioner must give notice of the\ncontravention to the Practitioners Board and Director.\nChapter 6 Transitional matters for Northern Territory Civil\nand Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014\n99 Definitions\ncommencement means the commencement of Part 3 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) the Act and these Regulations;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\n\nChapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 44\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\nnew legislation means the following as in force after the\ncommencement:\n(a) the Act and these Regulations;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n100 Review of or appeal against Commissioner's decision notified\nbefore commencement\n(1) This regulation applies if:\n(a) before the commencement, the Commissioner had given a\nperson a relevant notice for a decision; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the review or\nappeal period had not expired and the person had not\napplied for a review of, or appeal against, the decision;\n(ii) before the commencement, the person had applied for a\nreview of, or appealed against, the decision within the\nreview or appeal period and the proceeding for the\nreview or appeal had not been decided by the former\nTribunal.\n(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\nthe person to apply for a review or, or to appeal against, the\ndecision within the review or appeal period.\n(3) The former legislation continues to apply in relation to the functions\nand powers of the former Tribunal in conducting and deciding a\nproceeding for the review or appeal regardless of whether the\nproceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n\nChapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal\n(Conferral of Jurisdiction Amendments) (No. 2) Act 2014\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 45\n(4) In this regulation:\nrelevant notice, for a decision, means one of the following:\n(a) a review notice;\n(b) a notice of a dispute decision given under regulation 32(4).\nreview or appeal period means the period within which a person\ngiven a relevant notice is entitled to apply for a review of, or to\nappeal against, the decision mentioned in the notice.\n101 Commissioner's decision made after commencement\n(1) This regulation applies if:\n(a) a person had made an application to the Commissioner before\nthe commencement; and\n(b) the Commissioner decides the application after the\ncommencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the decision; and\n(b) a person's entitlement to apply for a review of the decision.\n102 Referrals to former Tribunal\n(1) This regulation applies if, before the commencement:\n(a) the Commissioner had referred a matter to the former\nTribunal; and\n(b) the former Tribunal had not decided the matter.\n(2) The former Tribunal must continue to deal with the matter in\naccordance with the former legislation.\n\nSchedule 1 Prescribed fees for applications\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 46\nSchedule 1 Prescribed fees for applications\nregulation 66(3)\nMatter for which fee prescribed Fee (revenue units)\nMaking technical inspection application under\nregulation 15 or during proceeding for consumer\nguarantee dispute application\n200\nMaking consumer guarantee dispute application\nunder regulation 19\n100\n\nSchedule 2 Reviewable decisions and affected persons\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 47\nSchedule 2 Reviewable decisions and affected persons\nregulation 74\nReviewable decision Affected person\nDecision under regulation 13 to reject\nmediation or conciliation application\nThe person who made the\napplication\nDecision under regulation 17 to reject\ntechnical inspection application\nThe person who made the\napplication\nDecision under regulation 21 to reject\nconsumer guarantee dispute application\nThe person who made the\napplication\nDecision under regulation 29(3) to dismiss\nconsumer guarantee dispute application\nbecause of absence of applicant\nThe person who made the\napplication\nDispute decision under regulation 32(1) A party to a consumer\nguarantee dispute application\n\nENDNOTES\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 48\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nBuilding (Resolution of Residential Building Work Disputes) Regulations (SL No. 43,\n2012)\nNotified 14 December 2012\nCommenced 1 January 2013 (r 2, s 2 Building Amendment (Residential\nBuilding Consumer Protection) Act 2012 (Act No. 7, 2012)\nand Gaz S85, 28 December 2012)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nBuilding Legislation Amendment Regulations 2016 (SL No. 13, 2016)\nNotified 29 April2016\nCommenced 1 May 2016 (r 2, s 2 Building Amendment (Occupancy\nCertification) Act 2016 (Act No. 6, 2016) and Gaz S32,\n29 April 2016, p 1)\nBuilding Legislation Amendment (Consumer Protection) Regulations 2026 (SL No. 2,\n2026)\nDate made 12 February 2026\nCommenced 30 March 2026 (r 2)\n\nENDNOTES\nBuilding (Resolution of Residential Building Work Disputes) Regulations 2012 49\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1, 4, 5, 57, 60, 62, 89 and 99.\n4 LIST OF AMENDMENTS\nr 4 amd Act No. 35, 2014, s 6\nr 7 amd No. 13, 2016, r 12; No. 3, 2026, r 20\nr 12 amd Act No. 35, 2014, s 7\nr 13 sub Act No. 35, 2014, s 8\nr 16 amd Act No. 35, 2014, s 9\nr 17 sub Act No. 35, 2014, s 10\nr 21 sub Act No. 35, 2014, s 11\nr 32 amd Act No. 35, 2014, s 12\nr 35 amd Act No. 35, 2014, s 13\nr 36 rep Act No. 35, 2014, s 14\nr 37 amd Act No. 35, 2014, s 15\nr 74 amd Act No. 35, 2014, s 16\nrr 75 – 79 rep Act No. 35, 2014, s 17\nch 3\npt 3.2 hdg rep Act No. 35, 2014, s 17\nrr 80 – 84 rep Act No. 35, 2014, s 17\nr 89 amd Act No. 8, 2016, s 45\nr 92 amd Act No. 35, 2014, s 18\nr 94 amd Act No. 35, 2014, s 19\nch 6 hdg ins Act No. 35, 2014, s 20\nrr 99 – 102 ins Act No. 35, 2014, s 20\nsch 2 sub Act No. 35, 2014, s 21","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[{"type":"other","section":"regulation 62(5), read with regulations 69(1) and 57(1)(d)","severity":"high","reasoning":"Regulation 62(5) requires reporting where an applicant did not agree to a test mentioned in regulation 69(1)(d). Regulation 69(1) contains no paragraphs and creates no testing concept. Regulation 57(1)(d) separately addresses agreed testing, but the operative cross-reference does not point there.","confidence":1,"description":"Regulation 62(5) relies on a test supposedly mentioned in regulation 69(1)(d), but regulation 69(1) has no paragraph (d) and concerns defects or errors in documents, not testing.","source_quotes":["If the applicant in the relevant application did not agree to a test mentioned in regulation 69(1)(d), and the qualified person considers the test was necessary to finalise the technical report","A document given to a party by the Commissioner is not invalid because of a defect or error in its form alone.","with the written agreement of the applicant in the relevant application – conduct tests that may have a significant impact on the building or land"]}],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations were originally made in 2012 but are now in their third reprint (REPB002R3), commencing 30 March 2026. This strongly suggests the scope or content has been amended over time from the original instrument, though the core subject matter — residential building work dispute resolution — appears to remain consistent with the original intent."},"complexity_factors":["Split administration between two separate government departments creates potential jurisdictional ambiguity","The regulations operate under a parent Act (the Building Act), so understanding them fully requires cross-referencing that legislation","Distinction between provisions relating to occupational licensing versus general dispute resolution adds a layer of structural complexity","Limited metadata provided (e.g., no regulation number, no gazette details) makes it harder to trace the full legislative history","The 2026 commencement date for the current reprint suggests ongoing amendments, meaning the operative text may have evolved significantly from the original 2012 version"],"plain_english_summary":"These regulations set a formal process for resolving disputes between homeowners and builders over residential building work in the Northern Territory — covering defects, incomplete work and cost disputes. They affect homeowners, builders/contractors and licensing bodies, offering an accessible alternative to court. Administration is split between the Department of Trade, Business and Asian Relations (licensing) and the Department of Lands, Planning and Environment (other matters). Current version commenced 30 March 2026."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. Subsequent amendments reallocated and clarified jurisdiction and review pathways (conferral of review/referral functions to the Northern Territory Civil and Administrative Tribunal — see regs 74, 31, 85–87 and Chapter 6), adjusted effective periods and related timings (reg 7, amended 2016 and 2026), and updated procedural/enforcement details and fees (reg 66, Sch 1). The text reflects those post‑enactment changes documented in the endnotes and amendment history."},"complexity_factors":["Multiple application pathways with different eligibility rules (mediation/conciliation, technical inspection, consumer guarantee) — see regs 10, 14, 19.","Detailed time limits and ‘effective period’ rules for consumer guarantees (construction and defect periods, extensions) — reg 7.","Significant Commissioner discretion to accept/reject, manage procedure, hold hearings, refer to Tribunal and make directions — regs 12, 16, 20, 27, 31.","Technical inspection regime requiring appointment of qualified person, entry rules, testing consent and cost allocation, and mandatory reporting to certifier — regs 55–63, 56, 57, 60.","Evidentiary and procedural powers (summons, document retention, sworn evidence) balanced with confidentiality and inadmissibility of conference discussions — regs 30, 53, 54.","Layered enforcement options: Commissioner orders, Tribunal referrals, civil enforcement of money orders, Local Court enforcement of non‑monetary orders and disciplinary referrals — regs 33–35, 86, 88–89, 98, 92–95.","Caps on Commissioner‑ordered compensation ($100,000) and referral triggers when exceeded — regs 32(3), 33(2), 34(2).","Representation limits (generally no legal representation without consent), and record/publication rules for decisions — regs 47, 51, 37.","Interplay with other legislation and transitional arrangements (conferral of Tribunal jurisdiction and later amendments) — Schedule 2, Chapter 6, endnotes."],"plain_english_summary":"These Regulations set out how disputes about residential building work between current owners and builders are handled: who may apply, the Commissioner’s role in mediation/conciliation, appointment of a qualified person for technical inspections, and how dispute decisions and orders operate (see regs 5, 10, 55, 32–35). Applicants pay prescribed fees (reg 66, Sch 1); decisions can require rectification, completion or compensation (caps set at $100,000), are enforceable through courts or the Tribunal, and non‑compliance can trigger disciplinary action against builders (regs 33–35, 86, 88–95)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a dispute resolution framework for residential building work. The 2014 and 2016 amendments primarily updated institutional references (replacing the Lands, Planning and Mining Tribunal with the NT Civil and Administrative Tribunal) and refined procedural details rather than expanding the substantive coverage. The core three-application structure and the $100,000 compensation cap for Commissioner decisions remain consistent with the original 2012 intent."},"complexity_factors":["Multiple overlapping application types (mediation/conciliation, technical inspection, consumer guarantee dispute) with different eligibility criteria and procedural rules","Extensive cross-referencing to the parent Building Act 1993 (sections 54A, 54AB, 54B, 54BB, 54FC, 54FD, 54FB, 54AD) and other legislation including the Local Court Act and NT Civil and Administrative Tribunal Act","Complex temporal calculations for limitation periods involving construction periods, defect periods, and 30-day awareness extensions (regulation 7)","Conditional logic for representation rights – legally qualified persons generally excluded unless both parties agree or Commissioner determines no disadvantage (regulations 47, 68)","Nested confidentiality and admissibility rules: conference discussions inadmissible in proceedings (regulation 53), but with exceptions for consent and convenor duties","Dual-track enforcement: monetary orders recoverable as debt, non-monetary orders enforceable through Local Court, plus separate disciplinary pathways through Practitioners Board","Transitional provisions (Chapter 6) preserving former Tribunal jurisdiction for matters commenced before 2015 legislative changes","27 defined terms in regulation 4, including circular definitions (e.g., 'application' defined by reference to other defined application types)","Differential treatment of Defence Housing Australia properties (regulation 3) and specific building classification references to the Building Code (regulation 5)"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations create a formal process for resolving disputes between homeowners and builders about residential building work in the Northern Territory. They establish three main pathways for resolving problems:\n\n- **Mediation or conciliation applications** – for general disputes between owners and builders about building work (regardless of whether there's a contract in place)\n- **Technical inspection applications** – to have an independent expert inspect alleged defective work and prepare a report\n- **Consumer guarantee dispute applications** – for homeowners to seek remedies when a builder has breached statutory consumer guarantees (but only where there's no longer a contractual relationship between the parties)\n\n**Who it affects:**\n\n- **Homeowners** (called \"current owners\") of residential buildings including houses, apartments, and associated structures\n- **Residential builders** carrying out building work\n- **The Commissioner** (the government official who administers the system)\n- **The Tribunal** (the Northern Territory Civil and Administrative Tribunal, which reviews decisions and handles complex matters)\n\n**Key features:**\n\n- **Time limits apply:** Homeowners must generally bring claims within specific periods – within 90 days of work stopping for non-completion claims, or within 1 year (for non-structural defects) or 6 years (for structural defects) after construction finishes\n- **Negotiated agreement process:** Parties can attempt to resolve disputes through preliminary conferences, mediation, or conciliation before formal hearings\n- **Technical inspections:** Independent qualified persons can inspect work, take samples, and recommend rectification\n- **Enforcement powers:** The Commissioner and Tribunal can order builders to complete work, rectify defects, or pay compensation (up to $100,000 for the Commissioner; unlimited for the Tribunal)\n- **Disciplinary consequences:** Builders who fail to comply with orders face professional misconduct findings, fines up to 100 penalty units, and enforcement through the courts\n\n**Why it matters:**\n\nThis legislation gives homeowners a cheaper, faster alternative to court for resolving building disputes. It provides structured steps from informal negotiation through to binding decisions, with technical expertise built in. For builders, it creates clear procedural rights but also serious consequences for non-compliance, including potential disciplinary action affecting their licence."}},"importantCases":[],"_links":{"self":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012","history":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012/history","analysis":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012/analysis","conflicts":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012/conflicts","importantCases":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012/important-cases","documents":"/api/acts/building-resolution-of-residential-building-work-disputes-regulations-2012/documents"}}