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