54FCommissioner of Residential Building Disputes

54F Commissioner of Residential Building Disputes (1) The Minister may appoint a person to be the Commissioner of Residential Building Disputes. (2) A person appointed to be the Commissioner holds office for 3 years, or the lesser period specified in the instrument of appointment, and is eligible for reappointment. (3) If the Minister does not appoint a person to be the Commissioner, the person holding or occupying the office of Commissioner of Consumer Affairs under the Consumer Affairs and Fair Trading Act 1990 occupies the office of the Commissioner. 54FA Functions and powers of Commissioner (1) The Commissioner has the following functions: (a) to investigate and research matters relevant to persons who may be affected by residential building contracts and consumer guarantees; (b) to publish reports and information about residential building contracts and consumer guarantees; Building Act 1993 72 (c) to inform the public about provisions under this Act relating to residential building contracts, consumer guarantees and consumer guarantee disputes; (d) to arrange for technical inspections of, and receive reports about, prescribed residential building work carried out in relation to a residential building and alleged by a current owner of the building to be defective; (e) to facilitate mediation and conciliation in relation to prescribed residential building work; (f) to hear and decide applications relating to consumer guarantee disputes; (g) to refer suspected contraventions of this Act to the Director; (h) to report to the Minister on questions referred to the Commissioner by the Minister and on other matters of importance relating to the Commissioner's functions under this Act; (i) other functions conferred on the Commissioner under this or any other Act. (2) The Commissioner has the powers necessary for the performance of the Commissioner's functions. (3) The Commissioner may delegate to a person any of the Commissioner's functions and powers under this or another Act. 54FB Technical inspection and report (1) This section applies if a current owner of a residential building: (a) alleges that prescribed residential building work carried out on the building by a residential builder is defective; and (b) makes the allegation: (i) in an application to the Commissioner under section 54FC(1); or (ii) to the residential builder, either verbally or in writing, without making an application under section 54FC(1). (2) If the current owner makes the allegation as mentioned in subsection (1)(b)(i), the Commissioner may take action under subsection (4) at any time during the consideration of the application under section 54FC(1). Building Act 1993 73 (3) If the current owner makes the allegation as mentioned in subsection (1)(b)(ii), the current owner or the residential builder may apply to the Commissioner to take action under subsection (4). (4) The Commissioner may appoint a person with relevant qualifications and expertise to conduct a technical inspection of the residential building and give the Commissioner a report as to whether the prescribed residential building work is defective. (5) A regulation may prescribe matters for this section, including any of (a) the procedures for the appointment of a person to conduct the inspection and make the report; (b) the qualifications of that person; (c) the types of inspections that may be made; (d) the matters to be taken into account in reporting whether prescribed residential building work is defective; (e) fees payable for an inspection and report. 54FC Application to Commissioner for decision (1) A current owner of a residential building may, in the approved form and within the prescribed effective period, apply to the Commissioner for a decision about a consumer guarantee dispute. (2) A consumer guarantee dispute is a dispute between a current owner of a residential building and a residential builder who has carried out prescribed residential building work in relation to the building: (a) about an alleged contravention of a consumer guarantee by the residential builder; and (b) in circumstances specified by regulation. 54FD Consumer guarantee dispute procedures generally (1) The hearing of an application relating to a consumer guarantee dispute must be conducted by the Commissioner with as little formality and technicality, and with as much expedition, as a proper consideration of the matter permits. (2) The rules of evidence do not apply in relation to a consumer Building Act 1993 74 (3) The rules of natural justice apply in relation to a consumer 54FE Concurrent consumer guarantee disputes and other contractual disputes (1) This Division does not prevent: (a) a contracting owner or contracting residential builder from starting a proceeding in a court or tribunal in relation to a dispute about a residential building contract that is not a consumer guarantee dispute; or (b) a contracting residential builder from making an application under the Construction Contracts (Security of Payments) Act 2004 in relation to payments for prescribed residential building work carried out under a residential building contract, including payments for any of the work alleged to be defective. (2) A court, tribunal or person who makes a decision under a law of the Territory about a residential building contract must take into account any decision made by the Commissioner for a consumer guarantee dispute in relation to the contract. (3) If a proceeding or application is started or made as mentioned in subsection (1), the Commissioner is not prevented from dealing with a consumer guarantee dispute in relation to the residential building contract unless: (a) a circumstance specified by regulation applies; or (b) a court, tribunal or person mentioned in subsection (2) orders otherwise; or (c) both parties to the consumer guarantee dispute agree in writing that the Commissioner adjourn consideration of the dispute until: (i) the proceeding or application has been decided; or (ii) the occurrence of another event specified in the agreement. (4) Before making a decision about a consumer guarantee dispute, the Commissioner must take into account any decision about a residential building contract made by a court, tribunal or person that is relevant to the dispute. Building Act 1993 75 54FF Regulations A regulation may provide for matters relating to the functions of the Commissioner and consumer guarantee disputes, including any of (a) procedures relating to the making, acceptance, consideration and dismissal of applications; (b) information to be given to the Commissioner and the way in which the information is to be given; (c) notices that may be given by the Commissioner to the Director, the Practitioners Board, an approved insurer or the trustees of an approved scheme; (d) mediation and conciliation in relation to prescribed residential building work; (e) the decisions the Commissioner may make about a consumer guarantee dispute, which may include decisions requiring the rectification of prescribed residential building work or compensation to be paid for defective prescribed residential building work; (f) publication of the Commissioner's decisions; (g) the referral to the Tribunal of questions of law and any other matters specified by regulation; (h) applications to the Tribunal for reviews of the Commissioner's decisions; (i) the consequences of contraventions of the Commissioner's or Tribunal's decisions; (j) applications a person may make to a court of competent jurisdiction for the enforcement of a decision of the Commissioner or Tribunal. 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